Is a Litigator the Same as a Solicitor?
If you’ve just been served with court or tribunal documents, chances are your first reaction is panic.
Most people don’t deal with lawyers often. So when legal papers arrive unexpectedly, one of the most common questions we hear is:
“Do I need a solicitor… or a litigator? Aren’t they the same thing?”
The short answer is no — and choosing the wrong type of lawyer can cost you time, money, and control over your outcome.
As Sam Cohen, Principal Lawyer at Cohen Legal, explains, “If you’ve been served with proceedings, you need a litigator. Quite frankly, that’s what you need.”
Let’s break it down in plain English.
What Is a Solicitor?
In Australia, all litigators are solicitors, but not all solicitors are litigators.
A solicitor is a qualified lawyer who can work across a range of legal areas, such as:
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Property and conveyancing
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Wills and estates
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Business and commercial advice
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Contract drafting and review
Many solicitors focus on front-end legal work — helping clients put agreements in place, structure transactions, or plan ahead to avoid disputes.
That work is important. But it’s very different from litigation.
Cohen Legal Litigation Team Supporting Clients Through Court Process
What Is a Litigator?
A litigator is a solicitor who specialises in disputes — particularly disputes that have escalated (or may escalate) into a court or tribunal process.
Litigation begins the moment a dispute becomes formalised, such as when:
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You are served with a Statement of Claim
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Proceedings are issued in a court or tribunal
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Strict rules and deadlines apply
At that point, the matter is no longer theoretical. It’s procedural, time-sensitive, and strategic.
As Sam puts it:
“Once your dispute is formalised in a court or tribunal, that’s litigation. And it has very set rules and timeframes that must be followed.”
Why Not All Solicitors Are Litigators
Litigation is its own practice area. It’s not something you dabble in.
A litigator:
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Understands court procedures and evidence rules
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Knows how disputes usually end — not just how they start
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Thinks several steps ahead, including settlement strategy
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Knows when not to go to court
Sam explains it bluntly:
“Litigators are different. We’re different beasts.”
Going to a solicitor who doesn’t regularly litigate can mean:
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Missed deadlines
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Poor strategic concessions
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Higher legal costs over time
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Losing leverage early in the dispute
“I’ve had matters come to me halfway through,” Sam says, “and I’ve had to tidy them up — or undo concessions I would never have made.”
Commercial Litigation Lawyer Discussing Dispute Strategy
When You Specifically Need a Litigator
You should speak to a litigation lawyer if:
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✅ You’ve been served with court or tribunal documents
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✅ You need to defend a claim
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✅ You’re considering issuing proceedings against someone else
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✅ A dispute is escalating and no longer commercial or informal
“If you’ve been served,” Sam says, “you don’t need a commercial lawyer. You need a litigator.”
At Cohen Legal, our litigation work includes:
Client Receiving Legal Guidance During Stressful Dispute
Why Litigators Often Try to Avoid Court
This might surprise people — but good litigators don’t rush to court.
Court is unpredictable. Even strong cases carry risk.
As Sam explains:
“Once you’re in court, you’ve got no control over the outcome. A judge can get it wrong — that’s why we have appeal courts.”
A litigator’s job is to:
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Assess cost versus benefit
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Identify realistic outcomes early
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Push matters toward resolution where possible
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Use court strategically — as a last resort
“If I can push this into mediation and resolve it in a couple of months instead of a year in court,” Sam says, “isn’t that better?”
That perspective only comes from experience.
The Human Side: Litigation Is Stressful — We Don’t Add to It
At Cohen Legal, we understand that engaging a lawyer is often one of the most stressful experiences in a person’s life — especially when litigation is involved.
People come to us anxious, overwhelmed, and unsure who to trust.
That’s why our approach is different.
We focus on:
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Client-centred care — transparency on costs and decisions
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Accessibility and empathy — particularly for regional clients
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Clear communication — so you always know what’s happening
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Walking with clients — not just delivering outcomes
As regional litigators in Townsville and North Queensland, we know the pressures people face. Our role is to provide clarity, calm, and practical advice — not add to the stress.
Litigation Lawyer Explaining Court Documents To Client In Townsville
One Final Thing to Understand
Litigation is not about being emotional. It’s about being strategic.
As Sam often reminds clients:
“The law is not an answer for stupidity.”
Not every wrong can — or should — be litigated. A good litigator will tell you that early, even if it means advising you not to proceed.
That honesty can save you thousands.
Don’t Know Where to Start?
If you’ve been served and don’t know where to start, our team can guide you.
Getting the right advice early — from the right type of lawyer — can make all the difference.
Talk to Cohen Legal today.
North Queensland Law Firm Meeting Client After Being Served With Proceedings
Disclaimer: This article provides general information only and does not constitute legal advice. You should obtain advice specific to your circumstances before making any decisions.