Law

What is a Litigation Lawyer and Do You Need One

6 Mins read

The most important thing is to feel safe. Absolutely no one is insured against the occurrence of troubles, problems and force majeure. To provide yourself with worthy protection, especially in a situation when a subpoena has been received or there is a need to legally defend your rights, it is necessary to involve a specialist.

Only a competent lawyer will be able to develop the correct strategy of behaviour and “close” the issue in the shortest possible time. It is a litigation lawyer who can cope with this task.

Who and when needs a litigation lawyer

Not only an individual, but also a legal entity, may need the help of a litigation lawyer. These professionals are constantly involved in the processes, therefore they can boast of well-established communications and rich experience. They know exactly how to behave correctly in a given situation.

A  litigation lawyer may be involved to ensure the defence of the defendant or to represent the interests of the plaintiff. His help will be useful and relevant in any case.

The law is distinguished by its versatility and complexity of perception. It will be quite difficult to figure out all its twists and turns on your own. In addition, practice is often what matters. Trials do not always go as planned. Each individual case requires individual consideration and participation.

A litigation lawyer is a competent representative of a client within a court. Only a person with a legal education and certain skills can act in his capacity. The fate of the case often depends on the choice of a specialist, therefore, the question of finding him must be approached with all responsibility.

Important criteria for selecting a litigation lawyer

It is difficult to be a specialist in all areas, therefore, when choosing a lawyer, it is important to pay attention to his specialisation. At the same time, if you apply to a law firm, and not to a private lawyer, then the company can be of a wide profile (lawyers of various specialisations can work in it). It is not necessary to look for a company that deals exclusively with litigation. It is important that the company employs lawyers who specialise in resolving your issue.

Experience, judicial practice

A lawyer must be not only in words, but in deeds a specialist. The best proof of a lawyer’s experience is a portfolio of court cases won. As a rule, experienced lawyers post court decisions on the website or provide them for viewing in the office (of course, hiding the personal data of clients). Pay attention to the number of cases won, the dates of the first and last court decisions. Unfortunately, dishonest novice lawyers often steal decisions from the websites of experienced law firms, therefore, when analysing judicial practice, also study the texts of decisions: the text often indicates the full name of the lawyer’s representative, if the text contains the full name of a lawyer who is not in the team of the company’s specialists, or the full name lawyer is hidden, then this should be alarming.

Recommendations and reviews

Of course, there is nothing better than the recommendation of a friend / neighbour who has already had experience working with a lawyer. But even if you do not have a recommended specialist, when looking for a lawyer on the Internet, pay attention to his reputation (reviews can be posted on the website of the law firm, in the office of the company, on review sites (Google Maps, Capterra, …) etc.). However, all reviews are also worth “sifting through a sieve” in terms of credibility. It is often useful to also study the reviews of former employees of the law company, so to speak, an inside view.

Contract with a lawyer (legal company) and other documents

Nowadays, 90% of companies work with an agreement (unfortunately, not all 90% fulfil it). Pay attention to the text of the agreement. According to the text of the contract, you can assess the qualifications of the lawyer who composes it, but for this you need to be a specialist. At the same time, some “pitfalls” can be detected by a non-lawyer. The contract must be competent, but at the same time not very complicated and cumbersome. The contract must contain the duties of a lawyer, a detailed list of the services provided. You can often find contracts in which a lawyer prepares only a claim and a lawsuit in court, although he promised comprehensive services in words. The contract must clearly define the cost of services (the procedure for determining it), the procedure and the term of payment. Pay attention to whether the terms of the agreement comply with the terms of cooperation announced by the lawyer over the phone (at the meeting). Inconsistencies can be alarming. A client-oriented lawyer will explain to you in detail each term of the agreement, and if necessary, in order for you to be calm, will amend the text of the agreement, reformulate the terms about which you have doubts (if they do not contradict the agreed terms of work).

Pay attention not only to the contract, but also to how the document flow is built in the legal company (how the initial consultation is carried out, the analysis of documents, how the payment for services is formalised, the acceptance of documents, the issuance of a power of attorney, etc.). A good lawyer must be attentive to details and documents. Your first impression of the beginning of cooperation is also important: the consultation, the system of interaction with the client. A real specialist already at the first meeting tries to understand the matter, listens carefully to the client and asks clarifying questions. At the same time, he does not hide anything and is ready to explain his subsequent actions in an accessible, non-legal language.A competent litigation lawyer will not promise mountains of gold and will definitely warn you about possible options for the development of the situation, outline all the nuances – including negative ones, tell you about the greatest probability of one or another outcome.

Company or lawyers website

In the modern world, the site has already become an obligatory attribute of any stable company. The quality of the site, its content and other factors can tell a lot about a company. A one-page site with a minimum of information on it (but, as a rule, with pop-up promotions from the category “only today 15% discount”, etc.), often speaks of the inexperience of the company (although it may contain information about 10 years of experience). If a company has experience, then, as a rule, they do not hesitate to share it on their website (they talk about a team of specialists, post won cases, customer reviews, useful information). The completeness and functionality of the site is a sign that the company has invested financially in its site, and this, as a rule, indicates its stability.

Integrity of the lawyer or company

Often, when ordering legal services, clients neglect to check the legal company itself. For this reason, there are many fraudsters on the service market – “lawyers” (in most cases they are not even lawyers) who receive an advance payment from clients, and after 2 days the office is closed, phones are unavailable, the site is blocked. It is good if the client only loses money, often cooperation with such “lawyers” ends in the loss of original documents, which are long and difficult to recover, as well as time, which is often irreplaceable (missing the statute of limitations, withdrawal of money by the defendant during this time, etc.).

Prices

It should be noted right away that a high price does not guarantee high quality services. Too low price may indicate the inexperience of a lawyer who reduced prices in order to gain experience and build a portfolio. A high price may be the result of a) the inclusion in the price of the accompanying overstated costs of a lawyer, which do not directly affect the quality of services (advertising costs, PR, office, etc.); b) a psychological move (in marketing it is generally accepted that an expensive product (an expensive service) is valued more than a cheaper analogue); c) a small number of cases at work (in order to get the same profit, the company is forced to raise the price); d) ill-conceived personnel policy, remuneration system and other mistakes in the management of a legal company; e) a banal desire to earn more.

Convenience of work, service

Pay attention to the attitude of the company to the client, to what extent the company is focused on making it convenient for you first of all (convenient working hours, remote form of work, online ordering, chat, notifying customers about business events, etc.). Don’t waste your time and energy on a company that doesn’t value its client.

Conclusion

A litigation lawyer in the eyes of the law is no different from representatives of other branches of jurisprudence, but in fact the differences are more than significant. He directly conducts court cases and is not related to other branches of law. When the future is at stake, and it depends on the outcome of the proceedings, then the choice in favour of a specialised specialist is obvious.