What does a litigator do?

Litigators play a central role in resolving disputes that arise between individuals, businesses and public bodies. Whether advising on commercial disagreements, regulatory challenges or high‑value cross‑border claims, litigators are involved at every stage of the process, from early risk assessment to negotiation, trial work, and increasingly, alternative dispute resolution.

The work is varied, demanding and often fast‑paced, requiring a blend of legal analysis, strategy, communication and commercial judgement. For those exploring law firm jobs or considering future specialisation, litigation remains one of the most diverse and intellectually stimulating practice areas.

Where do litigators work?

Litigators typically practise in private practice law firms and in in‑house legal teams within corporates, financial institutions and public bodies. In-house roles often revolve around managing risk and overseeing external counsel, while private practice positions tend to involve end‑to‑end case management and direct client representation.

For lawyers comparing in‑house legal jobs with private practice pathways, litigation offers two distinct but highly complementary career routes.

Understanding the role of a litigator

A litigator is a lawyer who represents clients in disputes, either to enforce rights or defend them. Although the term is often associated with courtroom advocacy, most litigation work takes place long before a hearing is listed, and many disputes never reach trial. The role centres on managing risk, strategising around evidence, and navigating procedural rules to achieve the most effective outcome.

Litigators handle a broad range of matters: commercial contract disputes, insolvency claims, shareholder actions, professional negligence, regulatory enforcement, fraud, insurance litigation and reputation management. Larger firms often encourage narrowing into specialist areas such as financial services disputes, construction litigation, white‑collar investigations or international arbitration.

See also: How litigators protect business interests

Identifying disputes and assessing risk

At the outset of a dispute, litigators gather information to understand the facts, legal issues and commercial context. Early case assessment is essential, helping clients understand strengths, weaknesses, financial exposure and likely timelines. This part of the job also demands commercial awareness: litigation strategy often evolves around business priorities, reputational considerations and cost management.

This stage may include:

• Reviewing contracts and key documents
• Interviewing witnesses or business stakeholders
• Assessing regulatory issues and limitation periods
• Advising on potential publicity and sensitivities

Many candidates exploring litigation roles approach a legal recruitment agency for guidance, particularly when transitioning between private practice sectors or moving from contentious to hybrid roles.

Managing the dispute process

Once a dispute progresses, litigators handle the procedural steps required by the court or tribunal.

Pre‑action engagement

Before issuing a claim, parties exchange information and explore settlement where possible. Litigators draft comprehensive letters of claim and responses, which often influence the direction and tone of the dispute.

Drafting statements of case

Litigators prepare pleadings such as statements of claim, defences and replies, setting out each party’s position. This written advocacy forms the backbone of any litigation strategy.

Disclosure and evidence

Disclosure (or discovery) involves identifying and exchanging relevant documents. Modern practice often includes e‑discovery tools, digital forensics and coordinated document reviews. Litigators also prepare witness statements and instruct experts to address technical or specialised issues.

Interim applications

Many disputes involve interim hearings – for injunctions, security for costs or urgent disclosure orders. Litigators draft submissions, manage evidence and work closely with counsel.

Settlement negotiation

A large proportion of cases settle before trial. Litigators lead risk discussions, negotiate terms and prepare settlement agreements. Strong negotiation skills are often as important as advocacy.

Trial preparation and advocacy

When a matter proceeds to trial, litigators coordinate the preparation of evidence, trial bundles, witness scheduling and submissions. Barristers typically lead advocacy in England and Wales, but many solicitors with higher‑rights of audience conduct advocacy themselves, particularly in smaller courts or specialist tribunals.

Alternative dispute resolution (ADR)

Litigation is only one route to resolving disputes. Many organisations prioritise mediation, arbitration or early neutral evaluation to achieve quicker and more cost‑effective outcomes. Litigators advise clients on the appropriate ADR forum and represent them throughout the process. Work in international arbitration (a major practice area in global disputes hubs) often overlaps with cross‑border litigation work.

International variations in the role

While core skills remain consistent, the role of a litigator varies across global jurisdictions:

• England & Wales – Solicitors manage casework and typically instruct barristers for higher‑court advocacy
• Scotland – Different court structures and wider use of solicitor‑advocates
• United States – Attorney‑litigators handle both case preparation and courtroom advocacy; jury trials and extensive discovery shape much of the strategy
• Civil law jurisdictions (e.g., France, Germany) – Judge‑led procedure with greater emphasis on written submissions and structured hearings

Key disputes hubs:

• Dubai (UAE) – A dual system involving the DIFC/ADGM common‑law courts alongside onshore civil‑law courts; significant arbitration work
• Saudi Arabia (KSA) – A rapidly modernising system influenced by Sharia and recent codifications, with an increased focus on commercial courts and mediation
• Hong Kong – Common‑law courts, bilingual proceedings and a major global arbitration centre (HKIAC)
• Singapore – A leading disputes hub with the SICC and SIAC; streamlined, technology‑forward processes

These distinctions affect training, advocacy opportunities and the balance between written and oral argument. They also shape the kinds of roles available in each market, with different expectations around specialisation, cross‑border capability and procedural expertise.

Key skills of a successful litigator

Effective litigators typically demonstrate:

• Strong legal analysis and written advocacy
• Negotiation ability and commercial judgment
• Resilience under pressure
• Confident client‑handling
• Comfort working with digital evidence and e‑discovery tools

Litigators must also navigate expectations around law firm salaries, which vary significantly by region, specialism and firm size. Candidates often compare private practice and in‑house compensation structures before deciding which career route best aligns with their ambitions.

Why litigation remains a compelling career path

Litigation offers variety, intellectual challenge and the opportunity to develop deep expertise. No two disputes are the same, and litigators often play a direct role in shaping the outcome of complex commercial issues. For lawyers drawn to strategy, advocacy and problem‑solving, the field remains one of the most rewarding, whether in private practice or in‑house.

See also: How to become a litigation lawyer