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Файл:Reading Comprehension in Law. Учебник
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SECTION 2. CIVIL LITIGATION LAWYER
Exercise 1
Nowadays many people are turning to the legal system to help them resolve
disputes.
Discuss these questions:
1. Have you ever participated in civil trials?
2. When do people need to take legal action?
3. What procedures are involved in bringing a lawsuit?
4. Why do people need a knowledgeable and experienced litigation attorney?
Reading 1
A civil litigation lawyer is a trial attorney who handles civil cases rather than
criminal cases. This type of lawyer focuses his or her legal practice on representing
clients in court. A civil litigation lawyer can either initiate a legal action by filing a
lawsuit or defend a client by responding to a lawsuit and making counter-claims.
Litigation is a complex process both inside and outside of the courtroom. The
strategy for winning your case begins long before your complaint is filed. Evidence must
be gathered, the strengths and weaknesses of the case must be assessed, and the right
pre-litigation steps must be taken to insure that your case is on the winning path long
before the court ever sees the first filing. Litigation is not won by one dramatic argument
or piece of evidence. Instead your case must be built brick by brick, while at the same
time, your opponent’s case must likewise be taken apart.
While in court a client needs an attorney confident in his written work product as
well as in his oral advocacy. Whether it is at deposition, at a summary judgment
hearing, or at trial, a client can be confident that his or her attorney will be in full
command of the procedure, the facts, and the law.
Outstanding lawyers always keep abreast of current developments so that you
can be assured that your attorney will not back down from litigation under any
circumstances.
Practicing civil law is any less difficult than criminal litigation. There is a lot of
pressure practicing criminal law, there is so much more at stake. If a criminal lawyer
drops the ball, an innocent man or woman can wind up in the penitentiary. But it
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doesn’t mean that you do not have quite that pressure in civil cases. In fact, a good
number of great trial lawyers start off in criminal law. That work is pretty easy to get
and, by comparison, cases are easier on average than civil ones. That is because criminal
statutes are mostly black and white in nature and clients either broke the law or they did
not. Violations of civil law are usually more subtle. You have a lot of pressures in civil
cases, too. If a lawyer messes up there, people can lose their kids (in divorce cases),
wind up financially ruined (breach of contract cases, for example) or people who should
pay some cash can get off without paying anything (medical malpractice and such).
Practicing criminal law will also teach a lot about courtroom procedure, rules of
evidence and other things needed to form the foundation of a good civil practice.
A civil litigation lawyer must have several skills to represent his or her clients
effectively. Civil litigation lawyers will most likely focus their legal practice on specific
areas of civil law. For example, they might handle only medical malpractice cases, suits
against governmental agencies or insurance defense. Attorneys limit their legal practice
to certain areas because the body of law covering a particular area can be vast and
complex.
In addition to understanding the substantive law in their chosen area of practice,
civil litigation lawyers also must constantly refine their knowledge of the rules of civil
procedure, rules of evidence and the local rules of court. A civil litigation lawyer must
know these rules and understand how courts apply these rules so they can use them in
their client's favor. A lawyer who knows employment law but lacks knowledge of the
rules of procedure and the rules of evidence might find his or her lawsuit dismissed
because another lawyer used the rules to keep out certain evidence.
Knowledge of the law is not enough for a civil litigation lawyer. He or she also
must master the art of persuasion because as a trial lawyer, he or she must constantly
work toward persuading a judge or jury to make decisions that will favor their client.
This is not an easy task if, for example, the client is a company responsible for
manufacturing a product that might have injured or killed someone.
A civil litigation lawyer must understand how to conduct every phase of the
litigation process. At the pre-trial stage, he or she must know how to conduct a client
interview to determine whether the client has a viable claim. The lawyer must have
persuasive legal writing skills so that he or she can draft a complaint that will frame the
client’s case favorably and survive motions by the opposing party. After the civil
litigation lawyer files a lawsuit, his or her interrogatory skills and knowledge of the law
will extract key information from an opposing party during the discovery phase.
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At the trial phase, a civil litigation lawyer must know how to present his or her
witnesses and cross-examine opposing witnesses. He or she must know when to object
and make compelling arguments to the judge to keep out damaging evidence or get in
critical evidence. The lawyer must know when to be aggressive toward a witness
without angering a jury and must understand that he or she must be likable to a jury even
when the client is not. A civil litigation lawyer also must know how to tell a persuasive
story that will cause a judge or jury to render a verdict in favor of his or her client.
That is not to say that civil lawyers deal with more pressure than criminal lawyers.
I would argue that just being a trial lawyer is a stressful thing.
Exercise 2
Say whether these statements are true or false, correct the false ones and
enlarge on true statements:
1. Litigation process occurs only in courtroom.
2. One dramatic piece of evidence is sufficient for winning a case.
3. Best civil litigators are too experienced to learn more about their chosen area of
law.
4. Civil litigators must never lose eagerness to mater their knowledge of law, civil
procedure rules.
5. Practicing criminal law is a waste of time if you intend to be an ideal civil
litigator.
6. Civil cases are not so challenging as criminal cases.
7. Persuasiveness is a powerful trait that must be learned by all civil litigators
8. Civil litigators are expert on all areas of law.
9. There is no pressure in civil cases: the outcome in civil cases cannot be tragic.
10. It could be advantageous for an ideal civil litigator to have great
communication skills.
Language work
Exercise 3
Refer to the text, study the phrasal verbs in bold and match the given phrasal
verbs with the definitions below: take apart, drop the ball, in full command of, keep
abreast of, back down from, mess up things, get off without, wind up in:
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to avoid more serious consequences of punishment;
to defeat smb completely;
to end up in a specified state;
to spoil smth;
control completely;
stay up to date with;
fail in one’s responsibilities, make a bad mistake;
refuse to do smth.
Exercise 4
Use these phrasal verbs and expressions to fill in the sentences:
1. The attorney ... with its decisions to write a motion for jury trial without
consulting the client.
2. We’ll … our opponent’s case if we manage to obtain indisputable pieces of
evidence of his fault.
3. You will be an ideal civil litigator only if you …. all contemporary trends in
legal practice
4. If you lack knowledge of civil procedure rules you fail to be … of courtroom
procedure.
5. We need to find an outstanding lawyer for or he will … in jail.
6. Pickpockets usually ...without being punished.
7. I think I have to … this high-profile case, I don’t have enough expertise in this
area.
8. This inexperienced lawyer ..., he even forgot about the most critical evidence.
Exercise 5
Tips for advocacy skills: Refer to the text and supply these tips with the
suitable verbs from the text:
1. … weaknesses and strengths of the case.
2. …the client’s case favorably.
3. ...your client’s case brick by brick.
4. … right pre-litigation steps.
5. … your litigation practice on specific areas of law.
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6. … your knowledge of law.
7. … your legal practice to certain areas of law.
8. … the art of persuasion.
9. … your client effectively.
10. … compelling arguments to the judge and jury.
Exercise 6
Create more tips to this list.
Exercise 7
Match the given key terms from the text with their definitions: summary
judgment, deposition, pleadings, motion, filing a claim, discovery phase, advocacy:
He sworn testimony of a person, it is given under oath, but in the absence of the
judge. It can be used later to contradict testimony given by the same witness at trial.
An application for orders from court made within the framework of a lawsuit
(e.g. to set a trial date).
It refers to requesting access to the accumulation of evidence by the opposite
side in a case.
Decision made on the basis of evidence and statements presented for the record
without a trial. It is used when there is no dispute as to the facts of the case and one
party is entitled to court decision as a matter of law.
Written and verbal arguments, formal allegations and responses thereto by
either side in a lawsuit. These are usually filed to initiate a lawsuit (petition, complaint)
The art of presenting cases in court.
Registering your demand for something you feel entitled to with some
authorized agent.
Exercise 8
Fill in the sentences with some of the terms above:
1. At a … the witness said he saw a blue 4 door Ford Taurus and at a trial he said
he saw a red two door Chevy.
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2. In both criminal and civil cases both sides file … for documents by the
opposing party. The court will rule on those … and grant or deny the requests.
3. Information exchanged during …. phase includes evidence and lists of
witnesses that both sides intend to testify.
4. The skill of … is often described as the art of persuasion.
5. If you incurred costs or suffered injuries caused by sidewalk defects and are
seeking reimbursement the best option will be ….
6. Civil litigators organize all the … in a particular case into a single file.
Exercise 9
Make up all possible verb-noun collocations.
File, grant, deny, respond to, handle, render, conduct, survive, initiate
Lawsuit, motion, legal action, verdict, a claim, a counter-claim
Language note 1. Verbs of persuasion.
The verbs ‘convince’ and ‘persuade’ are very similar in meaning, but there is a
difference in how we use them.
After ‘persuade’ we use the structure to + infinitive:
I persuaded them to stay for another drink.
He persuaded her not to take the job.
After ‘convince’ we cannot use a verb infinitive. We say ‘convince someone
that‘:
She convinced the police that she was telling the truth.
He convinced her that it was the right thing to do.
Both of the above sentence would also be correct without ‘that':
She convinced the police she was telling the truth.
He convinced her it was the right thing to do.
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There can also be a subtle difference in meaning between ‘convince’ and
‘persuade’, as seen here:
e.g. Although Robert finally persuaded his girlfriend to move abroad with him,
she was not fully convinced that it was the best thing to do.
In the example, Robert’s girlfriend was persuaded (to move) but was not
convinced (that it was the correct decision). So, we can see that when we persuade
someone to do something it doesn’t always mean that we have also convinced that
person.
One more thing is worth mentioning about ‘persuade’ and ‘convince’. If we are
absolutely sure about something, we say I’m convinced:
e.g.— Are you sure he’s innocent?
— Yes, I’m convinced. NOT I’m persuaded.
Some related words:
convincing (adjective) — It was a convincing argument.
persuasive (adjective) — Marta can be very persuasive when she wants.
persuasion (noun) — He used his powers of persuasion.
‘Persuasion’ is a noun, meaning someone’s ability to persuade people.
e.g.: ‘powers of persuasion’ and ‘to use gentle persuasion’.
‘Persuasive’ is an adjective. If someone is ‘persuasive’ he makes you want to do
something or believe something. Words or speech can also be ‘persuasive’, meaning that
they (or it) persuade you to do something or convince you of something.
Someone who has strong powers of persuasion is a persuasive person.
Exercise 10
Fill in the sentences using the right expression:
1. I'm not … that moving to London is a good idea.
2. My parents … me to study law, even though I was against it at first.
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3. My trip to Austria and Switzerland … me that German was a useful language to
know.
4. Steven … his boss to give him time off at Easter.
5. My sister persuaded me … a car by arguing that it was unnecessary and that
cycling was much healthier.
6. We listened to him patiently but his argument wasn't very ….
Exercise 11
Study this information and answer the questions below the text.
How can you find a good attorney in the USA?
If an individual believes that an action by an organization has violated his civil rights,
the individual should contact an appropriate non-profit such as the National Organization
for Women (NOW), the American Association of People with Disabilities (AAPD), or the
American Association of Retired Persons (AARP) for advice and referrals. These
organizations help protect and extend the rights of their constituents. The organizations may
be able to refer the individual to civil rights attorneys who have experience in both the law
and the jurisdiction, or location, where the violation may have occurred.
One should consider the way that the civil rights attorney will be paid. The most
preferable method would be to find an attorney who will work pro bono, or free. Civil
rights attorneys are more likely to work on a pro bono basis if the case will bring the
attorneys and the law firms for which they work national publicity. This makes the case
highly visible, controversial, and uncomfortable for the individual or individuals who
have violated someone's civil rights.
If one cannot find a pro bono attorney, look for a lawyer who will be paid on a
contingency basis, which means the attorney will take a certain percentage of the
damages from a successful case. Civil rights attorneys who take a case on a contingency
basis generally do so because they believe they have a good chance of winning. These
lawyers are not willing to risk losing the case and not getting any reimbursement for the
time that they have spent in preparation and litigation.
The least preferable way would be to hire a civil rights attorney on a fee basis, in
which the attorneys are paid by the hour regardless of the outcome of the case. This
means that the attorneys may not be confident that the client will win his case. All
attorneys involved have to be paid regardless of how the courts rule on the case.
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There are times when just looking at an attorney's success rate doesn't let you
know if you have found a good civil rights lawyer or not. That is because civil rights
laws violations are often hard to prove. A good civil rights attorney, then, may not have
a great record, but have a look at the cases he or she did win and how much money the
clients received.
If you see a lot of cases in which big damages amounts were common, then you
may have found the civil rights lawyer you want and need:
1. Who can an individual refer to if his or her rights have been violated?
2. Which organizations protect the rights of citizens?
3. How are civil litigators paid?
4. Why is finding a pro bono attorney the most preferable method of protecting
rights?
5. What is the most expensive way of presenting a client?
Exercise 12
Master the Language of Law
File a claim and bring an action. Is there any difference?
A claim is a demand that something be given to you. Possibly something that you
own but do not possess or something you feel entitled to. When you file something you
register it with some sort of authority- hopefully one who is in a position to act on your
request.
So filing a claim is registering your demand for something with some authorized
agent. It doesn't have to be in the form of a lawsuit seeking compensation. I could file a
claim to get my impounded car back. But it's always a demand for ownership of
something you believe is or should be yours.
Legal action and filing a claim partly overlap:
You can file a claim that is not a legal action. For example, you can file a claim
for reimbursement of business trip expenses, or file an insurance claim. Since no law
court is involved, it's not a legal action.
You can initiate a legal action that wouldn't be thought of as a claim. For example,
environmental activists could seek an injunction to prevent a construction project in a
wilderness area from proceeding. It's not really appropriate to call it a claim, since they
aren't asserting ownership of the wilderness, nor are they expecting any personal gain
from the action.
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Some legal actions are also claims. It implies that the plaintiff is seeking legal
compliance, compensatory damages, and likely punitive damages as well.
Reading 2
Exercise 13
Match the names of the procedures and their descriptions:
Initial case investigation.
Pre-trial.
Pleadings.
Settlement.
Trial.
Appeal.
Discovery.
Litigation attorneys, also known as “litigators” or “trial lawyers,” represent
plaintiffs and defendants in civil cases and manage all phases of the litigation process
from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal.
1) …
Litigation attorneys often conduct an initial case investigation to determine, in the
plaintiff’s case, if enough evidence exists to file a lawsuit or, in the defendant’s case,
what evidence exists to defend a potential suit. The investigation process may include
locating witnesses, taking witness statements, gathering documents, interviewing the
client and investigating the facts leading to the dispute. Litigation attorneys often engage
in pre-litigation settlement discussions to resolve the matter before a lawsuit is filed.
2) …
Litigation attorneys draft a variety of pleadings and motions on behalf of the
plaintiff or defendant. Plaintiff attorneys will draft a summons and complaint to
commence the lawsuit. Defense attorneys collaborate with the client to investigate the
allegations of the lawsuit and formulate responses. Litigation attorneys also draft a
variety of motions including motions to strike, dismiss, amend or change venue and
motions for judgment on the pleadings.
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