Using a litigation lawyer

If you or your business has been damaged in some way, you can use the courts to bring a lawsuit against the person or business you are accusing.

In court, you will be known as the plaintiff, with the person you are accusing being known as the defendant. The process that your lawsuit goes through is called litigation.

Litigation law can prove complicated and expensive and should you find yourself involved in a commercial dispute, it is important that legal advice is obtained from litigation lawyers as soon as possible. 

What does a litigation lawyer do?

Litigation lawyers will prevent the unnecessary and dangerous escalation of a dispute and they can intervene with a focus on obtaining a prudent, satisfactory and commercial resolution. Litigation lawyers have a good understanding of alternative dispute resolution such as:

  • Negotiation
  • Mediation
  • Arbitration

They will be able to utilise these tools to achieve the best possible result for you. If a resolution proves impossible and Court proceedings become unavoidable, litigation lawyers will be able to advise you strategically when the dispute reaches this very contentious stage. 

They will be able to help at all stages of legal proceedings from:

  • Drafting your particulars of claim
  • Disclosing all relevant documents
  • Instructing expert evidence
  • Representing you in the High Court, County Court or the other specialist tribunals

Many litigation lawyers have what is known as ‘a right of audience’ whereby they are able to represent you in court without the need to separately instruct a barrister, which can be expensive.

Can you use one for everything?

A litigation lawyer is, therefore, a person who conducts the lawsuit on their client’s behalf. It is never advisable to bring your own lawsuit without the fully qualified legal support that a litigation lawyer can offer you. All of the law firms in your area will have a litigation lawyer on staff that can help, support, and advise you on your case.

The type of litigation you are involved with will also govern the kind of litigation lawyer you should approach.

  • Most lawsuits are civil matters that usually result in some form of compensation being paid if the plaintiff is successful and wins their case
  • In criminal law, litigation can be more complex. A litigation lawyer will be able to put you in touch with a barrister, as they are the only type of lawyer that can represent you in a criminal court

As your lawsuit could be long, complex and expensive, always contact a litigation lawyer as soon as you can. They can assess your case and tell you if your case has a realistic chance of success.

More importantly, the lawyer will explain if it will return a high-enough compensation payment to make the lawsuit worthwhile, as you will not only want enough money to compensate yourself, you will also want to ensure you can pay your legal costs as well. Your litigation lawyer can give you an honest appraisal of your case. Never take any action before consulting a litigation lawyer.

If you have a criminal case and need a barrister, please see our information page on how to find a barrister.

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