If your business or one you know (or an individual) is facing litigation, either because another party is threatening it, or because you feel you have a right to take action, what do you do first and where do you seek help?
It has been said that litigation is a game in which the court is the umpire. It is an area of law where the client needs to have great faith in the legal team because it comes at a cost. Many cases have been commenced by inexperienced and excitable legal practitioners who want to help. The client has come looking for legal help and too often legal help is sought unwittingly from the wrong firm or the wrong practitioner.
In these circumstances both client and lawyer need to think and act carefully.
So how should a client act and what questions should he ask to find out if his lawyer is the right one in this case?
Usually by the time the parties are thinking about lawyers in a commercial dispute, emotions are already running high. Usually the client is frustrated and wants to take immediate action and almost always a client feels they are in the right.
It is precisely at this time that objectivity and cool heads are needed rather than for a lawyer to provide advice to a client thinking it might be the advice that a client wants to hear. The client needs an experienced lawyer because you don’t want to be involved in an unmeritorious case. If there are poor prospects then it’s better to hear that now, rather than later.
Usually the unsuccessful party will have to pay not only their own legal costs but also a proportion of the successful party’s costs too. The risks are high and it is not an area of law for the faint hearted.
To ensure you engage the right lawyer to conduct your commercial dispute matter, ask this:
If you need more information or if you need assistance or advice on how to proceed please call us on (02) 9238 0060 or email firstname.lastname@example.org.