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.
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:
- Further and Better Particulars
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
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 practicing law for only a few years might have more litigation experience than a lawyer who has been practicing for decades.
Be sure to find out how much litigation experience a lawyer has, not just how many years they have been practicing. This way, you’ll know that your litigation lawyer is familiar with the courts and will be able to represent you effectively.
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.
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”.
Litigation can be a costly process and can sometimes even cost more than any potential benefit that you might gain from successful litigation. This is another reason why it’s so important to find the right lawyer, at Rose Lawyers, we will always tell you if the cost of litigation outways the potential benefit and suggest alternative dispute resolution methods such as mediation.
Our goal is always to represent your best interests diligently, not to maximise our fees with unnecessary litigation.
For more information about litigation, Call Rose Lawyers on 03 9878 5222 to schedule a free 15 minute phone consultation.
Sebastian has a broad range of experience in commercial and property related transactions. He also practises in wills and estates law, and has assisted clients...
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