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What does a litigation attorney do?

Updated January 8, 2025
7 min read

A Litigation Attorney manages all phases of the litigation process from investigation and pleading to trial, settlement, and appeal. They also question witnesses, victims, and others involved in cases.

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Litigation attorney responsibilities

Here are examples of responsibilities from real litigation attorney resumes:

  • Supervise and manage plaintiff's personal injury practice.
  • Develop litigation strategies including discovery, deposition, arbitration, and jury trial.
  • Draft internal memos, subpoenas and various discovery documents.
  • Direct and determine all aspects of plaintiff litigation and resolution strategy.
  • Review documents for FINRA arbitration concerning poaching of traders between inter-dealer brokers.
  • Respond to investigative subpoenas from U.S. government regulatory agencies requesting production of relevant client and third party material.
  • Coordinate with out-of-state bankruptcy counsel to ensure that such litigation are resolved timely and cost effectively for large manufacturing client.
  • Evaluate and analyze employee's civil complaints and relate investigation documents to prepare litigation and discovery strategy in anticipation of trial.
  • Argue class certification motion on behalf of plan participants in an ERISA breach of fiduciary duty matter.
  • Research and communicate current and potential changes and issues with Medicare and Medicaid regulations to company departments.
  • Litigate ERISA fiduciary liability under qualify retirement plans.
  • Perform research on client-specific questions regarding Medicare regulations, guidance and process.
  • Initiate discovery; take depositions, cross-examination witnesses.

Litigation attorney skills and personality traits

We calculated that 30% of Litigation Attorneys are proficient in Litigation, Law Firm, and Legal Research. They’re also known for soft skills such as Analytical skills, Interpersonal skills, and Problem-solving skills.

We break down the percentage of Litigation Attorneys that have these skills listed on their resume here:

  • Litigation, 30%

    Associate litigation attorney in A-V rated firm emphasizing commercial defense, professional liability, construction, personal injury prosecution and defense.

  • Law Firm, 14%

    Increased law firm profitability and client satisfaction by increasing size and accelerating frequency of case settlements.

  • Legal Research, 6%

    Provided comprehensive legal research and coverage analysis, including written opinions on insurance coverage and extra contractual risks to carrier.

  • Civil Litigation, 4%

    Defended personal injury civil litigation lawsuits and handled various insurance coverage matters and first party insurance claim evaluations.

  • Commercial Litigation, 3%

    Represented and counseled business owners, individuals, in matters involving complex commercial litigation, mortgage foreclosure, and supplementary proceedings.

  • Insurance Defense, 3%

    Practice consisted of client representation, specializing in insurance defense litigation with focus on physician and hospital liability.

Most litigation attorneys use their skills in "litigation," "law firm," and "legal research" to do their jobs. You can find more detail on essential litigation attorney responsibilities here:

Analytical skills. The most essential soft skill for a litigation attorney to carry out their responsibilities is analytical skills. This skill is important for the role because "lawyers interpret the law as it applies to their client’s case." Additionally, a litigation attorney resume shows how their duties depend on analytical skills: "evaluated and analyzed employee's civil complaints and related investigation documents to prepare litigation and discovery strategy in anticipation of trial. "

Interpersonal skills. Another essential skill to perform litigation attorney duties is interpersonal skills. Litigation attorneys responsibilities require that "lawyers must build relationships with current and prospective clients, as well as with their colleagues and other members of the legal community." Litigation attorneys also use interpersonal skills in their role according to a real resume snippet: "demonstrated effective interpersonal skills through working closely with office of general counsel and administrative appeals judges. "

Problem-solving skills. litigation attorneys are also known for problem-solving skills, which are critical to their duties. You can see how this skill relates to litigation attorney responsibilities, because "lawyers must evaluate information to propose viable solutions, mediate disputes, and reach agreements or settlements for their clients." A litigation attorney resume example shows how problem-solving skills is used in the workplace: "coordinate with out-of-state bankruptcy counsel to ensure that such litigation was resolved timely and cost effectively for large manufacturing client. "

Research skills. For certain litigation attorney responsibilities to be completed, the job requires competence in "research skills." The day-to-day duties of a litigation attorney rely on this skill, as "lawyers need to find laws and regulations that apply to a specific matter in order to provide appropriate legal advice for their clients." For example, this snippet was taken directly from a resume about how this skill applies to what litigation attorneys do: "provided expert legal advice/research in the areas of securities law and financial services litigation; reviewed legal documents/filings. "

See the full list of litigation attorney skills

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Compare different litigation attorneys

Litigation attorney vs. Bankruptcy specialist

The bankruptcy specialist is responsible for filing and documentation loan bankruptcy materials with the appropriate attorneys. They ensure full compliance with loan bankruptcy regulations and monitor accounts throughout the loan bankruptcy process to contact the appropriate party when necessary. A bankruptcy specialist might be an administrator or lawyer in a bankruptcy office and supports bankruptcy law. They are likely to evaluate state declaration and affidavits for legal progression, interact with customers and outside counsel about bankruptcy proceedings through written and verbal communication, and work with local counsel and upper management in effectively reviewing client's files.

We looked at the average litigation attorney salary and compared it with the wages of a bankruptcy specialist. Generally speaking, bankruptcy specialists are paid $73,529 lower than litigation attorneys per year.While the two careers have a salary gap, they share some of the same responsibilities. Employees in both litigation attorney and bankruptcy specialist positions are skilled in litigation, foreclosure, and probate.

These skill sets are where the common ground ends though. The responsibilities of a litigation attorney are more likely to require skills like "law firm," "legal research," "civil litigation," and "commercial litigation." On the other hand, a job as a bankruptcy specialist requires skills like "relief," "pacer," "msp," and "bankruptcy court." As you can see, what employees do in each career varies considerably.

Bankruptcy specialists earn the highest salaries when working in the finance industry, with an average yearly salary of $47,222. On the other hand, litigation attorneys are paid more in the professional industry with an average salary of $128,467.On average, bankruptcy specialists reach similar levels of education than litigation attorneys. Bankruptcy specialists are 0.4% more likely to earn a Master's Degree and 51.5% less likely to graduate with a Doctoral Degree.

Litigation attorney vs. General counsel

A general counsel, also called a chief legal officer, is the chief lawyer in the legal department of an organization. The counsel represents an enterprise for any pending legal matters. They work proactively to lessen possible problems associated with legalities and potential risks. They have to monitor practices and the people within the law firm for misconduct. They also perform dominant roles in regulation, ethics, public affairs, and legislation. It is common for them to serve as the public spokesperson of the company during the publicity of legal matters.

On average, general counsels earn a $16,221 higher salary than litigation attorneys a year.A few skills overlap for litigation attorneys and general counsels. Resumes from both professions show that the duties of each career rely on skills like "litigation," "law firm," and "legal research. "

Each career also uses different skills, according to real litigation attorney resumes. While litigation attorney responsibilities can utilize skills like "insurance defense," "family law," "mediation," and "insurance coverage," general counsels use skills like "juris," "risk management," "ethics," and "human resources."

General counsels may earn a higher salary than litigation attorneys, but general counsels earn the most pay in the finance industry with an average salary of $135,018. On the other hand, litigation attorneys receive higher pay in the professional industry, where they earn an average salary of $128,467.Average education levels between the two professions vary. General counsels tend to reach similar levels of education than litigation attorneys. In fact, they're 3.3% more likely to graduate with a Master's Degree and 51.5% less likely to earn a Doctoral Degree.

Litigation attorney vs. Council member

Law clerks are employees in a legal firm who handle clerical tasks for the office. They handle the office's official phone lines, answering incoming calls, and making outgoing calls. They also field office correspondence, often receiving incoming mail and distributing them to their addressees. They manage office documents and ensure that they are correctly filed and labeled in their respective storage bins. Law clerks help make office life more comfortable because they make sure that the office is running well. They also manage appointments and office calendars.

An average council member eans a lower salary compared to the average salary of litigation attorneys. The difference in salaries amounts to council members earning a $66,893 lower average salary than litigation attorneys.

There are many key differences between these two careers, including some of the skills required to perform responsibilities within each role. For example, a litigation attorney is likely to be skilled in "litigation," "law firm," "legal research," and "civil litigation," while a typical council member is skilled in "public policy," "finance committee," "community outreach," and "alumni."

When it comes to education, council members tend to earn higher degree levels compared to litigation attorneys. In fact, they're 9.5% more likely to earn a Master's Degree, and 49.0% more likely to graduate with a Doctoral Degree.

Litigation attorney vs. Law clerk

Law clerks tend to earn a lower pay than litigation attorneys by an average of $53,111 per year.While their salaries may vary, litigation attorneys and law clerks both use similar skills to perform their duties. Resumes from both professions include skills like "litigation," "law firm," and "legal research. "While some skills are required in each professionacirc;euro;trade;s responsibilities, there are some differences to note. "mediation," "insurance coverage," "excellent client," and "discovery motions" are skills that commonly show up on litigation attorney resumes. On the other hand, law clerks use skills like legal memos, summary judgment, demand letters, and client intake on their resumes.In general, law clerks earn the most working in the professional industry, with an average salary of $98,674. The highest-paying industry for a litigation attorney is the professional industry.The average resume of law clerks showed that they earn similar levels of education compared to litigation attorneys. So much so that theyacirc;euro;trade;re 1.1% more likely to earn a Master's Degree and less likely to earn a Doctoral Degree by 24.1%.

Types of litigation attorney

Updated January 8, 2025

Zippia Research Team
Zippia Team

Editorial Staff

The Zippia Research Team has spent countless hours reviewing resumes, job postings, and government data to determine what goes into getting a job in each phase of life. Professional writers and data scientists comprise the Zippia Research Team.