What is a Litigator in New York City?

A litigator is a lawyer who specializes in litigation. Litigation is the process of taking legal action against another party in court. For this reason, a litigator is responsible for representing clients during court hearings and other proceedings, including negotiation and other forms of dispute resolution. Representing clients during court hearings also requires the preparation of pleadings and other documents that the court may need so that the case may proceed.

Areas of Litigation

Most people associate litigators with personal injury lawyers. Because a lot of personal injury cases are litigated and not settled, most personal injury lawyers can also be considered litigators. Litigation, however, can encompass different areas of law, one of which is only personal injury. Litigation can also happen in probate proceedings during will contests and turnover of assets, in commercial contracts for breach cases, criminal defense, products liability and consumer rights, mass torts, civil rights matters, and securities class actions, to name a few. Just because a lawyer has experience in litigation does not mean he has experience in all areas of law that have litigation. For this reason, when looking for a lawyer, look for a lawyer with expertise not only in litigation but in the particular area of law that will be litigated upon.

Civil Procedure

One of the most important areas of expertise of a litigator is the rules of civil procedure. The rules of civil procedure govern the admission of evidence, the filing of motions with courts, the preparation and format of pleadings, the manner of deposition of witnesses, and questioning witnesses during direct and cross-examinations. A litigator must be knowledgeable about courtroom tactics and procedures in order to ensure that the evidence for the case is admitted.

For example, if a particular document is not authenticated properly, it cannot be admitted into evidence. If a question propounded to the witness is made improperly, the question and the response can be stricken from the record. If this document or the response from the witness is essential to the success of the your case, the denial of the admission of this evidence is crucial and can lead to your loss. For this reason, choosing your litigator is important.

Litigator Fees

Although some litigators are paid hourly, this can be expensive. Most litigators take the case on contingency, especially if a large sum is involved. Under a contingency arrangement, the litigator gets paid (usually a percentage of the amount recovered) only if he wins or is able to negotiate a settlement.

If you are in need of a litigator, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].

The Phases of a Civil Litigation Case

Civil litigation follows a predictable sequence of phases. Understanding the sequence helps clients know what to expect and what work the litigator is doing at each stage.

Pleadings. The complaint identifies the parties, sets out the facts, and requests relief. The defendant answers, admitting or denying the allegations and asserting affirmative defenses. Motions to dismiss may be filed if there are threshold legal issues that should resolve the case before discovery.

Discovery. The parties exchange information. Documents are produced. Interrogatories (written questions) are answered. Depositions (testimony under oath outside of court) are taken. Expert reports are exchanged. Discovery is typically the longest and most expensive phase of litigation.

Motion practice. Various motions may be filed throughout the case — to compel discovery, to exclude evidence, to add or remove parties. The most consequential is the motion for summary judgment, which asks the court to decide some or all of the case based on the discovery without a trial.

Pretrial preparation. If the case survives summary judgment, the parties prepare for trial — identifying witnesses, organizing exhibits, drafting jury instructions, preparing opening statements and closing arguments.

Trial. The case is presented to the judge or jury. Witnesses testify. Documents are admitted. The factfinder reaches a verdict.

Post-trial. The losing party may move for various forms of post-trial relief or appeal. Judgments are enforced.

Most cases settle at some point before trial. Settlement can happen at any phase — sometimes before the complaint is filed, sometimes during discovery, sometimes after summary judgment when the case's strengths and weaknesses have become clear.

Estate Litigation as a Specialty

Our firm focuses on estate litigation as one of our core practice areas. Estate litigation is a specialized subset of civil litigation that takes place primarily in the Surrogate's Court. It has its own procedural rules under the Surrogate's Court Procedure Act, its own substantive law (the Estates, Powers and Trusts Law), and its own court culture. A litigator who handles only commercial cases or only personal injury cases may not have the specific expertise to navigate Surrogate's Court effectively.

Estate litigation matters we handle include:

• Will contests on grounds of capacity, undue influence, fraud, or improper execution.
• Trust contests and challenges to trust amendments.
• Accounting proceedings against fiduciaries who have not properly accounted.
• Removal proceedings to oust fiduciaries who have engaged in misconduct.
• Discovery and turnover proceedings to recover misappropriated assets.
• Construction proceedings to interpret ambiguous documents.
• Reformation proceedings to correct scrivener's errors.
• Spousal elective share litigation.
• Kinship proceedings to identify and prove distributees.
• Disputes over Medicaid estate recovery claims.

Each of these has its own procedural quirks and legal doctrines that the litigator must understand.

What Makes a Good Litigator

The skills that distinguish effective litigators from average ones:

Strategic thinking. Litigation is not just a series of steps. It is a strategic competition with the other side. Good litigators think several moves ahead, anticipate the other side's responses, and shape the case to favor their client.

Investigation and preparation. Cases are won and lost on the facts. The litigator who knows the file better than the opposing counsel, who has thought about the case more carefully, and who has prepared more diligently is at a significant advantage.

Writing skill. Most cases are decided on papers — the complaint, the answer, the briefs on motions to dismiss and for summary judgment, the trial submissions. Clear, persuasive writing is the litigator's primary tool.

Oral advocacy. Court appearances, depositions, and trial require the litigator to think on their feet, make compelling arguments, and adapt to unexpected developments.

Negotiation skill. Since most cases settle, the litigator's ability to negotiate effectively is essential. This involves understanding the value of the case, the other side's interests, and the art of finding common ground.

Judgment. Knowing when to push hard, when to settle, when to take risk, and when to be patient. This is the hardest skill to develop and the most valuable.

How Litigation Fees Actually Work

Fee arrangements in litigation vary by practice area and case type:

Hourly fees are common in commercial litigation, estate litigation, and other matters where the work is unpredictable and the client wants to control the engagement. The client pays the litigator's hourly rate for time spent, with regular invoices. Hourly billing provides cost transparency but the total cost depends on the case's length.

Contingency fees are common in personal injury cases and some other matters where the client may not have the funds to pay hourly and the recovery is substantial enough to justify the contingency percentage. Under a contingency, the litigator is paid a percentage of the recovery (commonly one-third in personal injury cases). The client pays nothing upfront and pays only if the case is won.

Hybrid arrangements combine elements — a reduced hourly rate plus a contingency percentage, a fixed retainer plus contingency, or other variations.

Flat fees are used for some defined-scope matters where the work is predictable.

The right fee arrangement depends on the case. We discuss the options with clients during the initial consultation and agree on a structure in writing before the engagement begins.

What to Bring to a Litigation Consultation

If you are meeting with a litigator for the first time about a potential matter, bring:

• Any documents central to the dispute — contracts, wills, court papers, correspondence.
• A written summary of the facts and timeline.
• Names and contact information for the other parties and any witnesses.
• Any prior legal correspondence from the other side.
• Information about any deadlines you are aware of (statute of limitations, response deadlines).

The more complete picture you provide, the more useful the consultation will be.