Contrary to the paradigm conveyed through many tv shows and media platforms, most litigation matters actually settle out of court. Only a small percentage of actions will make it to the courtroom.
The Usual Process: A Simple View
- Your litigation lawyer will take a very detailed statement of the action, noting as much detail as possible.
Note: The earlier this statement is taken the better. Your memory of the incident and supplementary contextual clues are more accurate earlier on. Also, you don’t want the court or defendant/s alleging undue delay!
- If your case “holds weight” (i.e. is valid) a letter of demand, and where the circumstances warrant, invite for a negotiation will be sent to the defendant.
STOP: It is important to note that the court system requires that the parties complete all processes possible to come to a compromise before a court hearing is allowed.
- If negotiation fails, a court hearing will be sought and each party will present their side of the case. The judge will hand down a judgement and in some cases the “losing” party can seek a costs order to recoup a portion of the legal fees spent on the matter.
This is usually where your barrister will come into play. Complex matters, minutia and discussing foreboding will in most cases be handled by a barrister.
How do I know if I have a good Litigation Lawyer?
- They’re Cameron Rogers & Co. Solicitors.
- They have good communication skills
Communication skills are extremely important in any area of law however, the litigation landscape calls for a more efficient, cohesive and succinct communication approach
- They are hardworking
Litigation matters can turn on a dime with each new piece of information having a lawyer with a good work ethic can impact the outcome greatly.
- They have good organisation skills.
Each matter is unique so having a litigation lawyer who understands the importance of organisation is key
- Good negotiation skills
This is where our first sentence comes into play. Most matters settle out of court by negotiation. If your litigation lawyer is a master negotiator you’ve already got a leg up on the other side.
If you think that you may have a potential action please call us today to organise your initial consult with our highly experienced litigation lawyers.
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