How to choose the right Litigation Lawyer for your case
If you are in any circumstance where you are involved in litigation, finding the right lawyer/solicitor or law firm can be quite challenging. This is because of the availability of countless lawyers who all promise to deliver. However, there are some criteria that can help you choose the best person for your case. Here are 5 tips to help you make your decision.
The perfect fit
You will be working closely with your litigation lawyer to increase the chances that your case might succeed. Therefore, make sure that you choose an individual or firm that you are comfortable working with as your instincts can often be the right way forward. The working approach that the lawyer uses should suit your preferences. Be sure to ask your legal representative about the case approach that he/she will use so that you can get an idea about how s/he will handle anything from the letter of demand, without prejudice letter, to the pleadings and other stressful matters in the case.
You should hire a lawyer who has relevant experience to the case that you have. If you have been sued for breach of contract, then you should get a solicitor who handles contractual disputes. Make sure that you get a litigation lawyer who has handled similar cases and has a track record of getting appropriate outcomes. You should avoid generalist lawyers who handle all types of litigation as they may not end up giving you the services that your case deserves. Having said that there are a handful of generalist specialists who are so experienced they can handle a broad range of cases but such experts are more difficult to find and rarely exist.
trust is something that is sometimes overlooked. However, trust plays a very important role because you will need to place your faith in the professional who has carriage of your case and if you question their judgement trust does not exist. It really is a question about balance because you should feel free to ask questions (as appropriate) but have to question your adviser at each twist and turn of the matter. If, for instance, you are involved in a Property dispute then you may want to ask your local law society for the names of practitioners who do that type of work and then call some of them up to see if trust exists or can be established.
The legal fees
You should know how much money you will pay for legal representation. This will enable you to gauge whether you can afford the lawyer or not. Some lawyers will charge you by the hour especially for contract or commercial disputes. Some lawyers, usually in the United States but not in countries such as Australia, will ask for a percentage of the settlement that you get after winning the court case. Some attorneys will also make you pay for out of pocket expenses such as photocopying, faxes and hiring of consultants and experts for your case. There are now a whole range of alternative fee arrangements available and in some instances blended arrangements involving both fixed costs and hourly billing. At the end of the day you want to have a clear idea of the potential legal costs you may need to pay at each stage of the matter and, if you are successful what you could potentially recover.
Lawsuits can take a long time to conclude. Therefore, you want to be updated on how your case is going throughout the period as that may impact on a broad range of matters such as for instance in a Property dispute where settlement may need to occur by a particular date. Ensure that you talk to your advocate regarding the means of communication and how often you will get updates. Most legal representatives communicate to their clients through email, phone calls or mail. It can be quite frustrating to work with a lawyer who does not give you any updates and that is something you should not have to put up with.
Litigation is rarely a fun experience for most people. This is because it will interfere with your life, time, and business and will require lots of money in legal fees and can be emotionally draining for the parties involved. If you find yourself facing a lawsuit or dealing with a without prejudice letter , you must choose a litigation solicitor wisely. Once there is a fee agreement in place your litigation law firm will very much be part of your journey right until it is concluded unless for some reason you need to find someone else partway through the proceedings.