Litigating has a notorious reputation of being very expensive, contributing to a situation where an increasing number of people contemplate representing themselves when they’re embroiled in a legal battle. There’s nothing in the law that prohibits representing yourself, but depending on the matter, the law and the court, procedures can be very difficult for a layman to understand, interpret and apply. This article will detail what litigation is and explain the benefits of appointing litigation lawyers instead of representing yourself.
What is Litigation?
Litigation in Australia refers to the civil procedure practice of dispute resolution in all its different forms under common law, state and federal legislation. Litigation matters vary in their subject matter and scope, and they can involve almost everything. Given the diverse area of potential disputes, there’s a need for professional assistance from a lawyer.
Litigation lawyers are persons with legal expertise who can represent either a plaintiff or defendant in civil matters. Their responsibility is to manage all the different litigation phases as required by the legal process.
A litigation solicitor provides legal advice to clients on a variety of issues. They deal with the preparatory matters for litigation, the preparation of claims, statements and evidence, and more. A litigation solicitor will appear in court on behalf of their client when a barrister is not appointed.
Meanwhile, a barrister is an expert advocate who deals with a particular legal field and can provide advice on specific areas of the law. They’re instructed by solicitors to appear in court and cannot be directly appointed by a client.
The Benefits of Appointing a Litigation Lawyer
As indicated, the process of litigation can be a quagmire if you don’t have the knowledge and background to represent yourself. There are definite benefits in hiring litigation lawyers with the required legal expertise to represent you. Some of the benefits include:
Remove Emotion from the Equation
Many people who represent themselves will tell you that your emotions tend to cloud your judgement when you represent yourself. The emotional involvement in the case when representing yourself in many instances leads to disputes that could have been settled amicably before turning into a lawsuit. Having an experienced lawyer representing you ensures that emotions are taken out of the equation so the dispute can be settled.
Save Money in the Long Run
While you need to pay a litigation lawyer, appointing an experienced person can help you to obtain a better settlement or compensation, depending on what your status in the matter is. This can mean you end up saving more money in the long run.
Do Everything the Right Way
Litigation lawyers know the law, the procedures and the court rules and are in a better position to ensure that everything is done properly. This reduces your risk of losing your case due to a procedural mistake that the opposing lawyers will pounce on. Your lawyer will ensure that you don’t incriminate yourself by getting trapped by the opposing party’s lawyers into admitting or revealing information which can hurt your case.