Qué Es El Derecho Civil?

What is Civil Litigation?
Civil litigation is a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. A lawyer who specializes in civil litigation is known as a “litigator” or “trial lawyer.” Lawyers who practice civil litigation represent parties in trials, hearings, arbitrations and mediations before administrative agencies,foreign tribunals and federal, state and local courts.
Types of Civil Litigation
Civil litigation encompasses a broad range of disputes. Civil litigators generally specialize in one or two specific practice areas. Several common types of civil litigation include:
• Environmental Law
• Landlord/Tenant
• Products Liability
• Personal injury
• Intellectual Property
•Construction
• Medical Malpractice
• Employment & Labor
• Real Estate
• Anti-Trust
• Worker’s Compensation
• Education Law
The Role of the Litigation Professional By Sally Kane
The role of the civil litigation professional is challenging and diverse. Since civil litigation is an adversarial process, litigation attorneys and paralegals must be willing toassume an oppositional position and embrace conflict and controversy. Civil litigation attorneys and paralegals often work long hours, especially during trial, and perform occasional travel.
Litigation Lifecycle
Civil litigation can be divided into seven stages: investigation, pleadings, discovery, pre-trial, trial, settlement and appeal. Not every lawsuit passes through each stage of litigation;most lawsuits are settled prior to trial and many cases that reach a trial verdict are not appealed.
The lifespan of a lawsuit can range from several months to several years. Complex civil litigation often takes years to pass from pre-suit investigation through trial/settlement.
Discovery is the longest and most labor-intensive stage of civil litigation. Contrary to the image portrayed bytelevision, civil litigators spend little time in trial; most time is devoted to the discovery stage of litigation.
Litigation Skills
Certain skills and knowledge are essential to litigation practice. Key legal skills include:
• Knowledge of substantive and procedural law
• Strong written and oral advocacy skills
• Analytical and logical reasoning abilities
• Ability to synthesizecomplex legal and factual materials
• Superior interpersonal skills
• Knowledge of legal research techniques and software
• Client development skills
• Negotiation skills
Top Ten Legal Skills
While legal positions vary greatly in scope and responsibility, there are several core legal skills that are required in most legal functions. If you are considering a career in the law,it is wise to polish these top ten legal skills to excel in today’s competitive legal market.
1. Oral Communication
Language is one of the most fundamental tools of the legal professional. Legal professionals must:
• Convey information in a clear, concise, and logical manner.
• Communicate persuasively.
• Advocate a position or a cause.
• Master legal terminology.
•Develop keen listening skills.
2. Written Communication
From writing simple correspondence to drafting complex legal documents, writing is an integral function of nearly every legal position. Legal professionals must:
• Master the stylistic and mechanical aspects of writing.
• Master the fundamentals of English grammar.
• Learn how to write organized, concise and persuasive prose.• Draft effective legal documents such as motions, briefs, memorandums, resolutions and legal agreements.
3. Client Service
In the client-focused legal industry, serving the client honestly, capably and responsibly is crucial to success. Legal professionals must master:
• Rainmaking and client development skills.
• Customer service skills.
• Client communication skills.
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