Litigation refers to the process of taking legal action to resolve disputes or enforce rights through the courts. The primary purpose is to enforce or defend a legal right and obtain a remedy such as damages or a specific performance.

There are many different types of litigation, with civil litigation being the most common. Litigation in civil cases includes disputes between individuals or organisations. Typical cases include contract disputes, intellectual property disputes, personal injury claims, claims against financial institutions and property disputes.

The role of a litigation lawyer

A litigation lawyer in England and Wales plays a crucial role in the legal process. They represent clients in disputes that are resolved in court or through alternative dispute resolution methods. Their responsibilities are diverse and cover various aspects of the litigation process.

Client Representation

Litigation solicitors represent clients in hearings, trials, and arbitration proceedings, arguing their case before a judge or arbitrator.

They provide legal advice to clients on their case’s strength, potential outcomes, and strategies.

Case Preparation

Litigation lawyers gather facts and evidence by interviewing witnesses, collecting documents, and collaborating with expert witnesses when necessary.

They draft and file the necessary court documents and pleadings that initiate or respond to litigation.

Discovery Process

A litigation lawyer manages the process of exchanging relevant information and documents with the opposing party. They prepare for and conduct depositions or witness statements to gather evidence.

Pre-trial Procedures

A litigation solicitor attends case management conferences and pre-trial hearings to discuss and set the timetable for the progression of the case. They make applications for interim orders, such as injunctions or summary judgments.

Trial

They represent the client in trial, present opening and closing statements, examine and cross-examine witnesses, and argue points of law.

A litigation solicitor develops a trial strategy based on the strengths and weaknesses of the case, the client’s goals, and the legal environment.

Settlement Negotiations

A litigation lawyer engages in negotiations with the opposing party to reach a settlement before or during the trial.

They also represent and advise clients during alternative dispute resolution processes.

Post-Trial

At the post-trial stage a litigation lawyer assists in enforcing the court’s judgment. This can include the collection of damages or the implementation of an injunction.

They also handle appeals if the trial does not result in a favourable outcome. This includes preparing briefs and presenting oral arguments in appellate courts.

Our network of litigation lawyers

ARC Costs assist both claimants and defendants in costs litigation for a range of legal cases. In addition to this, we can introduce you to our network of civil and commercial litigation law firms. The areas in which our network of solicitors can assist include:

• Commercial litigation
• Breach of contract claims
• Partnership and shareholder disputes
• Intellectual property disputes
• Land and property disputes
• Restrictive covenant disputes
• Injunctions

 

Litigation Lawyer FAQs

 

What should I consider before instructing a litigation lawyer?

Before instructing a litigation lawyer, you should consider their experience in the specific area of law relevant to your case. You should also look at their success rate in similar cases, and their understanding of your goals. Also, assess their communication skills and ensure they can explain complex legal concepts in understandable terms. Discuss their fee structure and any potential additional costs involved in litigation.

How long does the litigation process typically take?

The duration of litigation varies widely depending on the complexity of the case, the court’s schedule, the cooperation of the parties, and the efficiency of the legal teams involved. Simple cases may resolve in a few months, while complex litigation can take several years to reach a conclusion.

Can litigation be avoided or resolved out of court?

Yes, many disputes are resolved out of court through alternative dispute resolution methods such as mediation or arbitration, which can be faster and less costly than traditional litigation. Litigation lawyers can help negotiate these alternatives to achieve a satisfactory resolution without a trial.

What are the risks of going to trial?

Going to trial involves several risks including the unpredictability of jury decisions, the potential for higher costs, and the public exposure of sensitive information. Additionally, the outcome can sometimes be less favourable than what might have been negotiated through a settlement.

How do litigation lawyers charge for their services?

Litigation lawyers typically charge either on an hourly basis, a flat fee, or on a contingency basis, where they receive a percentage of the settlement or award. The choice of billing method may depend on the type of case and the client’s preferences. Always discuss the fee arrangement in detail before engaging a lawyer.

What is the role of a litigation lawyer in settlement negotiations?

Litigation lawyers play a crucial role in settlement negotiations by advising on the legal merits of the case, and strategizing negotiation tactics. They also represent their client’s interests to maximise the settlement terms. They ensure that any agreement reached is legally binding and enforceable.

What happens if I lose the case?

If you lose the case, you may be responsible for your own legal costs as well as part of the opposing party’s costs, depending on the court’s order. Your lawyer can discuss the possibilities of appealing the decision if there are grounds to believe that the trial was flawed or if new evidence has emerged.

If a Costs Order is made against you, our team of costs lawyers and costs draftsmen can assist in negotiating the level of legal costs payable by you.

How can ARC Costs assist?

ARC Costs maintains an extensive legal network of litigation lawyers with a track record of success on these types of cases, and we would be happy to pass on your details to assist in your case. 

In addition to introducing you to a litigation solicitor, we can also assist in the recovery and negotiation of legal costs in commercial cases, whether you are the paying or receiving party.

ARC Costs are highly experienced in advising and assisting with costs issues and disputes in different areas of law. As Costs Draftsman and Costs Lawyers, we can assist in your Commercial Litigation Costs issues.

If a costs award has been made, allowing you to recover costs from your opponent, we can assist with preparing a Bill of Costs on your behalf to ensure maximum recoverability. We can also assist in Costs Negotiations and represent you at detailed assessment proceedings which can determine the amount of costs you may be able to recover.

If you have been ordered to pay costs to your opponent, we can assist in disputing costs which may be sought and which you may deem to be excessive and unreasonable. We can do this by way of preparation of  Points of Dispute and also through negotiations to ensure you will only pay for costs which are reasonably incurred and not exaggerated.

Should you wish to discuss your costs query with us, please contact us on 01204 397302 or via email at info@arccosts.co.uk. Alternatively, you can complete our online query form and we will contact you to discuss your query further. We can provide expert legal advice on costs in our free, no obligation initial consultation.

We may receive payments from third party solicitors on our panel to whom we may refer your claim. We will never charge you for any referrals made to our panel of third parties.