Litigation is a part of our everyday life; we just don’t see it.
Every now and then, we click and agree on some terms of agreements online without reading them. Similarly, we sign all sorts of legal deeds such as rent deeds, electricity deeds, etc. All these legal documents have a binding legal effect that can land us in trouble in case of non-compliance. Additionally, there are several civil disputes involving property claims, trespass, IPR, etc. In any case, we end up in need of a good lawyer who could represent our case efficiently. If you find yourself in legal trouble, do not jump directly in search of a lawyer.
Instead, take some time and go through all the notices that have been served to you. Next, take note of the areas of law involved in the dispute. Now, start researching the best lawyers in your area. Additionally, take note of your finances to figure out how much litigation cost you are willing to bear. If commercial disputes involving huge claims are in question, don’t hesitate in spending your top dollar. Also, it is crucial to judge the appropriate time to approach a lawyer to save yourself from unwarranted penalties. Similarly, if you want to initiate an action, it is important to consult a practitioner first to take care of all the necessary compliances. In this article, we will throw some light on the things that you should consider before hiring a litigation lawyer.
Choosing the right lawyer
The litigation process involves a lot of variables such as area of practice, experience, and jurisdiction. Jurisdiction means the territory where the dispute arose. This means you will have to carefully pursue the concerned documents to see when and where all the instruments were signed.
Circuit courts have a restriction on territorial jurisdiction, so you must find a lawyer who lives in that jurisdiction to proceed with all the filing. Similarly, an experienced lawyer is also important because he will take care of all the technicalities that others might miss.
Moreover, experienced lawyers have a good understanding of how the courts function and what they expect. Lastly, you must also take note of the major area of practice. You cannot hire a tax lawyer for commercial disputes. Lawyers who have a narrow area of practice are well aware of the legal developments, so they are well-equipped to represent the case.
Relevant legal experience is crucial when stakes are high in your case. An experienced lawyer would have handled cases with similar profiles, so he would give you the best advice on how to proceed. New generation lawyers who are still trying to establish themselves usually overlook some of the nuances, which could cost you in the long run.
Additionally, experienced lawyers can also assist you in out of the court settlements by approaching the parties and initiating the mediation process. This would help you save time and resources and reach an amicable solution as soon as possible.
However, when looking for experience, ensure to consider the relevant experience only. That is to say, if your case deals in a particular area of law, hire a lawyer with at least 10 years of experience in that area only. Different legal issues require different regulations and compliances, and only an experienced lawyer can provide you with the best solution.
Before proceeding to hire a litigation lawyer, take note of your finances. This would help you set a budget and determine the exact amount you are willing to spend. Once you are clear on your spend limit, you can choose a payment mode according to your convenience.
The most popular payment method in the litigation sector is the hourly billing rate. Here, the lawyer charges you for the amount of time he spends on the case, which includes appearance, research, drafting, and filing.
The other payment method is the flat rate, where you pay a fixed one-time amount until some hidden cost comes up. People prefer hourly billing because the litigation process takes time and may take months before you get your compensation. Therefore, you only pay for the exact time your lawyer spends on the case.
Now, established lawyers charge more money than the average fees because of the value they bring to the table. Paying high fees can be worth the money because experienced lawyers can settle your case outside the court, which will save your time and resources. Lastly, legal fees vary depending on the area of practice and jurisdiction.
Find a lawyer who does not deal in hundreds of cases annually. This would mean that the said lawyer has a very limited time to give to each case. Therefore, there could be a high chance that the lawyer ghosts after the first meeting.
A lawyer who confirms his availability for the case would be the right fit because he could provide you necessary support 24X7. Moreover, ensure that the litigation lawyer has a close aide who understands your case and is ready to update you at every step of the process.