Litigation – What is it?

Litigation is the area of law when things get a bit hairy – you or your business are in a dispute about contractual breaches, unpaid monies and other issues. Essentially, you’re heading into a legal fight and it’s stressful and complicated. You need a legal partner to help you navigate the legal vortex.

Seek help early

When you think things may get worse or you are out of your depth you should get legal advice early. Getting advice early from an experience litigation lawyer can help resolve the issues quickly, better explore your options, understand the strengths and weaknesses of your case and/or prepare you for what’s to come. 

What can you do to help your lawyer?

During your initial chat with your lawyer you should come prepared with all relevant correspondence, contracts, and documents. Giving your lawyer a comprehensive overview of your matter will help your lawyer understand the facts and context of the dispute so they can advise you on the best course of action.

What can a litigation lawyer do for you?

A litigation lawyer can make the process a bit simpler and a little less stressful by:

  • advising you if you have a cause of action or defence (i.e. you have a case to fight or defend) and of your prospects of success 
  • negotiating and attending mediation (where appropriate) to resolve your matter without the need to go to court
  • preparing the necessary documents to commence court proceedings (if necessary) and advocate on your behalf
  • helping you obtain the most favourable outcome for you

That’s not all!

Once you obtain legal advice and understand your options, it’s important to consider your commercial objectives and the affect litigation may have on your business before pursuing your case aggressively. You should consider:

  • your business’ reputation
  • impact on your business’ relationship with customers, employees or suppliers
  • the resources (both time and financial) your business is committed to invest in your case
  • your end game – what do you hope to achieve?

With more than 15 years’ experience in the building and construction industry and as a commercial litigator with a focus on contractual disputes, debt recovery, building and construction for the last 11 years, our principal solicitor Sam Cohen brings a wealth of knowledge and experience in a complex area of law. If you would like more information about reference dates or any other matters relating to building and construction, please contact us today!