Litigation Lawyer: A Beginner’s Guide to Litigation

Dealing with legal disputes and litigation can often be a difficult and stressful time in a person’s life. But the right lawyer will make the litigation process as simple and easy as possible, as well as doing their best to get a favourable outcome for your case.

Here’s our guide to what you need to know and consider when it comes to litigation and finding the right lawyer for you.

What does a litigation lawyer do?

A litigation lawyer is someone who will represent and protect your interests when there is a dispute, whether it is a commercial, civil or criminal matter.

Commercial and Civil Cases
In a commercial or civil case, a litigation lawyer will present your side of the dispute in a way that maximises the chance of getting a favourable outcome, regardless of whether you are bringing or defending the claim. This may be done in a court hearing or through other dispute resolution mechanisms such as negotiation and mediation.

Criminal Cases
A criminal case, however, is one that is brought against you by the State or Commonwealth in which you face potential imprisonment, a fine or both. The process of criminal litigation is different, but the principle that a litigation lawyer will protect your best interests is the same.

How can a litigation lawyer help you?

A litigation lawyer is your guide for navigating through all the Latin phrases and complex jargon you’ll find in legal matters. This is one of the reasons why a litigation lawyer can be so helpful and important when it comes to handling a legal dispute.

Assistance with Documents
Your lawyer will help you with the following documents and will know the timeframe that each one should be completed in:

• Complaints
• Affidavits
• Defences
• Discovery
• Interrogatories
• Further and Better Particulars

Representation
A litigation lawyer will also represent you in court, arrange a barrister to represent you in court or prepare you for self-representation, depending on your needs and circumstances.

Finding your litigation lawyer

Experience
Finding the right lawyer for you can be tricky as you need to consider factors such as their expertise and personality. Experience is very important, of course, but litigation experience is different from other kinds of legal experience. A lawyer who has been practising law for only a few years might have more litigation experience than a lawyer who has been practising for decades.

Be sure to find out how much litigation experience a lawyer has, not just how many years they have been practising. This way, you’ll know that your litigation lawyer is familiar with the courts and will be able to represent you effectively.

Personality
The most important factor when finding a litigation lawyer is trust. You need to feel comfortable with your lawyer and believe that are doing everything they can to get the best outcome possible for you. Consider whether you would be more comfortable with a male or female lawyer or a lawyer of a certain age.

Costs
There are many fees associated with litigation that you may not have considered. There will be professional fees for your lawyer as well as court fees such as application fees, filing fees and possibly Barrister’s fees. There may also be costs involved in getting expert advice, opinion or report, valuations, supervision or travel. Fees other than your lawyer’s professional fees are known as “disbursements”.

Conclusion

To conclude, litigation needs a special type of lawyer who is experienced with the system and court procedure. It is recommended to look around for someone instead of hiring the first one that comes your way. Prices also vary greatly, so a fixed price quote can help you keep costs down while knowing that your interests are still being catered for. Alternatively, attempt other dispute resolution methods before you start litigation.

The law is complex and difficult to understand so we make sure we take the time to make sure you thoroughly understand and then how we will work with our knowledge of the law to obtain the best possible result.

If you need legal help when there is a dispute, please make an appointment by ringing Jeffrey Choy at 0419 233 670 or emailing him at [email protected]. He is available during office hours at his city office or after hours and weekends at his Riverwood office.