Litigation practitioners cover a vast array of issues. There are two major branches of litigation law: Civil litigation and Criminal litigation. This article will briefly describe each of the areas and their burdens of proof.

To start with, a definition: Civil litigation deals with the area of law in which there are disputes between two private parties and/or an organization, whereby the victim is claiming to be entitled to some form of remedy or compensation.  Criminal litigation is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses.

A civil litigation solicitor may sub specialize because of the vast area of law that it covers. A specialized type of civil practice can be very lucrative and becomes relatively easy to practice over time given the similar nature of many cases. Still many practitioners offer services in more than one area of litigation including: property disputes, employment, insurance, commercial, professional negligence, torts, contracts, motor vehicle accidents and personal injury. In order to prove that the plaintiff is entitled to a remedy, the plaintiff must meet the “burden of proof.” It is most important to realize that the civil burden is different from the criminal. In civil litigation, the burden initially lies with the plaintiff and then switches to the defendant.

A criminal litigation solicitor may also sub-specialise in different areas of criminal law. Some of these areas include homicide, fraud, theft and corporate crimes. It is; however, more often the case that a criminal solicitor will practice more than one area of criminal law; and you can also find some litigation practitioners who delve into both the civil and criminal side of litigation. With respect to the criminal burden of proof, the burden always rests with the Crown/Prosecution. Even if the Crown meets their burden of proof, the criminal defence lawyer will be able to raise the relevant defences to get the best deal for their client.

Regardless of what type of law a litigation solicitor decides to practice, the role of the solicitor, as it in any area of law, is to represent the client to the best of their abilities whilst upholding the ethics of the profession.

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