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Litigation lawyers
Figuring out the best way to resolve a dispute between two parties can be a minefield — here’s what you need to know about litigation services..
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Litigation may seem like a messy word labelling a messy process — but it's a common reality for business owners and individuals. This article will demystify litigation, explain the differences between mediation and litigation, and help you figure out whether a litigation lawyer can help resolve your disputes.
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What's in this guide?
What is a litigation lawyer?
There are two forms of litigation—civil and commercial. A civil dispute usually occurs when one party is seeking monetary compensation or what is known as 'performance'—this is when one party wishes to ensure another complies with a contract. Commercial disputes occur between a business owner and another party—this could be a competitor, supplier, partner, employee, even a customer—but the common thread is that these disputes will often need legal litigation.
Litigation is the process of solving these disputes through a court or tribunal, and this is where a litigation lawyer comes in. A litigation lawyer will help guide you through the process, and eventually, present your case in a way that ensures you get a fair hearing—they may do this either in a court or tribunal or through the process of mediation.
When should I use a litigation lawyer?
There are two reasons why you may need a litigation lawyer—if you are planning on bringing a claim against someone else, or if you are going to be defending a claim brought against you. Usually, a claimant will decide to bring forth a claim if a dispute can't be resolved without requiring legal intervention—and often after other steps such as mediation have failed. If you're aware of a claim being brought against you, it's important to consult a litigation lawyer as soon as possible so that you get fair representation.
Litigation Lawyer vs Alternative Dispute Resolution
When resolving disputes there are two methods of approaching things—litigation and alternative dispute resolution processes. Litigation is a legal process brought through a court or tribunal—and therefore requires each side to have legal representation in the form of a litigation lawyer.
The reality of most disputes is that finding an amicable resolution for both parties can be a struggle—whilst no one necessarily wants litigation, bringing in a litigation lawyer will help ensure that a result is achieved. Furthermore—litigation can help protect your interests, ensuring you don't settle for less than you need.
However, litigation is also a more timely and expensive process—and this is why people will often attempt alternative dispute resolution processes first. Alternative dispute resolution processes encompass a wide range of actions, from mediation for civil and commercial cases to ombudsman for matters of debt collection.
What does a litigation lawyer include and not include?
A litigation lawyer will work for you to ensure that your stance—whether that is as the defendant or the claimant—is argued fully and that your interests are represented in any court or tribunal proceedings. They may also be able to act as a mediator or facilitate alternative dispute resolution processes.
Included
- Helping you prepare the following documents:
- Affidavits. An affidavit will be the primary avenue for presenting evidence in your favour and must be witnessed by an authorised individual: usually a lawyer or Justice of the Peace.
- Discovery. Discovery is a compulsory process in all civil litigation proceedings, and your litigation lawyer will be able to make sure all the relevant documents are presented for it.
- Defences. Building a strong defence will be the backbone of your case, and a good litigation lawyer should be able to combine presenting the facts with constructing an argument that demonstrates the validity of your case.
- Interrogatories. Interrogatories are a part of the discovery process, requiring a party to answer in writing questions relating to the facts of your case.
- Researching your case and presenting the best possible approach. A good lawyer should have a comprehensive understanding of your case, this requires research, and then an ability to present those facts persuasively.
Not included
- Debt recovery. If you're looking to recover an unpaid debt, you should consult a debt recovery specialist.
- Criminal litigation. Criminal litigation is a separate process to civil litigation,
- Intellectual Property protection and trademarks. If your dispute relates to intellectual property and trademarks, you will need a lawyer specialising in those areas.
How effective is a litigation lawyer?
When it comes to resolving disputes in favour of the defendant—a litigation lawyer will be vital. These disputes will often involve important monetary compensations and contractual obligations and you will need to do what you can to ensure a favourable outcome. A litigation lawyer will bring a wealth of experience when it comes to presenting the facts of the case, arguing in court, and assembling important discovery documents.
For claimants—if you're planning on bringing a claim against someone else, it's important to make sure you have a strong case first. A litigation lawyer can only be successful if there is a strong case to be won. This is why it's a good idea to search around and see which law firms offer free consultations or legal advice in advance of being hired and to seek out multiple opinions if possible, before advancing your case.
Do I need a litigation lawyer to resolve a dispute?
This will depend entirely on the nature of the dispute—and how effective communication can be between both parties. If you believe that a resolution can be reached that will satisfy both parties—then mediation will prove a better option than proceeding with litigation. Often, it's a good idea, to begin with, mediation as a first approach, as litigation can be an expensive and time-consuming process with an uncertain result. If mediation is unlikely to be successful or not working, then you should proceed with litigation processes and hire a litigation lawyer.
Where to get free quotes for a litigation lawyer
Many law firms will offer free quotes for litigation lawyer services. Before you ask for a quote, you should consider the following:
- If mediation would be a better approach for your case
- Do you need a lawyer with experience in specific areas or industries—for example, if the case requires knowledge of technical subjects
- Is your case on behalf of your business, or a matter between individuals
Here several firms offering free litigation lawyer quotes:
- Legalvision. Legalvision offers specialist services designed to help SME's and corporations resolve litigation matters—you can get a fixed fee quote by using their online enquiry form.
- Lawpath. Once you've registered an online account with Lawpath, you will be able to get three competitive quotes from litigation lawyers who are a part of their marketplace.
- Genuine Legal. Genuine Legal offers a free one-hour consultation—this can be either over video call or face to face. To book this consultation fill out the enquiry form on their website.
- Rose lawyers. Rose lawyers offer a free 15-minute phone consultation that can be booked through an enquiry form on their website.
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