Using plaintiff lawyers

Plaintiff is the old-fashioned term for a person who starts a lawsuit. It is derived from the fact that they would be said to ‘plead their case’.

Before the various civil procedure reforms of the late twentieth century, pleading could be a lengthy process, with a great deal of back-and-forth between the opposing parties. Today this is strongly discouraged and to reflect this, the plaintiff is now known as the claimant - or the ‘pursuer’ in Scotland.

Making a claim

Taking a case to court is still a complex process and you should always seek legal representation from solicitors who are experienced in working for claimants. They will advise you on what evidence is relevant to your case, assess the chances of your success and try to negotiate a settlement with the other side.

If you cannot settle your case, your solicitor may then instruct a barrister to formally plead your case in a court. Normally you would not engage barristers directly, but in some cases it may be preferable and more cost-effective to do so.

Finding the right lawyer

Making a claim is a comparatively unusual action and many high-street solicitors do not specialist in litigation or only handle simple cases.

Our advisors, however, can discuss your case with you in detail and use their expertise to determine what specialisations may be required. They can then refer you to the right firm for your case.

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