How Does A Dispute Lawyer Help – Thoughts From An Auckland Dispute Lawyer
It is a common knowledge that most cases especially commercial ones are settled long before they reach the trial stage. Therefore that presents opportunities for litigants to get ways of settling cases earlier, which in turn provides value to clients. Since prosecuting a case may come with unnecessary expenses, disruptions of business or delays that may haunt business planning and growth. When a situation land you in a dispute, it is therefore important for you to hire an Auckland dispute lawyer.
Litigation attorneys, also called “litigators” or simply “trial lawyers,” act as representatives of defendants or plaintiffs civil matters and manage the whole process of the litigation right from the investigation to pleadings, to discovery up to the pre-trial, or trial and settlement and sometimes to appeal.
Below are the roles and the responsibilities that dispute resolution lawyers undertake in the process of dispute resolution. It is important to note such tasks may vary depending on the experiences of the attorney, nature of the dispute, and whether the lawyer is representing the complainant or the defendant.
Role And Responsibilities Of An Auckland Dispute Lawyer
An Auckland dispute lawyer conducts a case investigation to establish, in the complainant’s case, if there is enough evidence to file a case, or if there is enough evidence available to defend a suit in the defendant’s case. The initial investigation process may involve locating witnesses and recording witness statements, interviewing the client and gathering facts and investigating all the facts relating to the dispute.
A litigation lawyer advises his or her clients on what the law says regarding their case and on the best strategy. If a dispute proceeds to formal proceedings, a dispute lawyer will draft the legal documents necessary and guide his client through the trial and hearing. Some senior dispute resolution litigants may assume the roles of arbitrators or mediators.
A dispute resolution or litigation lawyer advises transactional colleagues on best ways to assist their clients minimize or avoid the negative effects of possible future disputes with regards to their deals.
A litigation lawyer will also advise his or her client on what chance the client has of winning his or her case before the court. He or she may then advise the clients on ways they can explore to settle the matter and mediate with the other party to agree on the possible terms of settlement. In case the dispute proceeds to a formalized dispute resolution procedure, the lawyer will advise his or her client on the steps he should take and the time he should do it.
It is the role of the dispute lawyer to prepare the legal documents needed, which should include statements of the case, witness statements (if any), expert reports, or any other evidence. When the trial or hearing draws near, the lawyer might ask a barrister to represent the client, or alternatively choose to argue the case himself/herself. The dispute lawyer will attend the court’s trial, either way, and act as either an advocate or the barrister assistant. Once the dispute is finally settled through a court ruling or through arbitration process, dispute resolution lawyers or litigants can help to ensure that the terms of agreement or settlement are enforced.
A good dispute lawyer will try to avoid going to court as it is far more expensive than reaching an agreement between the various parties and their legal teams. If you need an Auckland dispute lawyer, you could consider contacting McVeagh Fleming which is a well-respected Auckland law firm with a strong reputation in the field of dispute resolution.