Breanna Heaysman – Associate, Local Government, Planning & Litigation
What does a Civil Litigation Lawyer do?
The aim of a civil litigation lawyer is to resolve their client’s dispute as promptly and as cost effectively as possible, usually by way of settlement. Your lawyer is someone who will be able to represent and protect your interests if you need to make or defend a claim.
Regardless of whether the client is bringing a claim or defending a claim, once you have engaged a civil litigation lawyer, there is a period of fact finding which your lawyer will need to undertake to understand the client’s position and assess the strength of each party’s position.
Your lawyer will then provide you with accurate advice in relation to the strength of your position and best course of action moving forward, but it’s important to recognise that this advice may evolve as the matter progresses and there might be times when your lawyer needs to consult an expert in a specific field before they are able to provide you with accurate advice.
If the other party is unwilling to settle on terms that are acceptable to the client, the only recourse may be to proceed to a Court hearing/trial.
What will my Civil Litigation Lawyer do if Court proceedings have been issued?
If Court proceedings have been issued your civil litigation lawyer will assist you with the preparation of legal documents some of which include:
- Complaints
- Summons
- Affidavits
- Defences
- Discovery
- Interrogatories
- Requests Further and Better Particulars
Your civil litigation lawyer will also represent you at a mediation, in any Court hearings and engage a barrister, if necessary, but just because Court proceedings have been issued this doesn’t mean that your matter must proceed to a trial. Often matters resolve before the need for a Court trial.
What Costs are involved?
There are many fees involved with litigation that you may not be aware of. There will be professional fees for your lawyer and depending on your matter there may be Court fees such as application fees, filing fees and possible Barrister fees.
There may also be expert fees, valuations required or mediator fees which are all known as disbursements.
Litigation can be a costly process and at times cost more than any potential benefit that you might gain from litigating your claim. These are all matters which we advise on as civil litigation lawyers and before we commence any work, we will provide you with an estimate of the legal costs.
No two civil litigation matters are the same and if you would like to discuss a potential claim or have been served with Court proceedings our experienced Litigation Lawyers can assist you.
Please call (03) 5445 3333 or email info@beckleklegal.com.au to find out more.