Litigation Attorney

Not all lawyers are litigation lawyers.

In South Africa, a lawyer (or Attorney) is a legal practitioner who is entitled to provide legal advice, draft legal documents, and represent clients in legal proceedings. A litigation attorney is a professional who specialises in representing clients in court, or in other legal proceedings which involve disputes or litigation.

While all lawyers in South Africa have a general knowledge of the law and are able to represent clients in court, not all lawyers specialise in litigation. Some lawyers may focus on transactional work, such as drafting contracts and negotiating deals, while others may specialise in areas such as intellectual property or tax law.

A litigation lawyer, on the other hand, is specifically trained and experienced in the procedural and strategic aspects of court proceedings. They are skilled at gathering evidence, preparing arguments and presenting their clients’ cases in court.

Litigation and being sued are related concepts in South African law, but they are not the same thing. Here are the key differences:

Litigation
Litigation refers to the general process of taking legal action against someone else in order to resolve a dispute. This can involve an action or application in court, or pursuing other legal remedies such as arbitration. Litigation can be initiated by either party in a dispute and may involve a range of legal issues.

Being sued
Being sued, on the other hand, refers specifically to the situation where someone else has initiated a legal process against you. In this case, you are the defendant or respondent in the litigation process. Being sued can occur in a variety of contexts, such as a contractual dispute, personal injury claim or divorce matter.

Litigation is a broad term that refers to the process of resolving legal disputes, while being sued is a specific situation where you are the defendant or respondent in a legal dispute initiated by someone else.

No, litigation is not only about financial restitution. Litigation is the process of resolving disputes through the legal system, and while financial restitution may be one outcome of litigation, there are often other objectives as well.

For example, in some cases, the goal of litigation may be to obtain an interdict, which is a court order requiring someone to stop doing a specific action. In other cases, the goal may be to obtain specific performance, which is a court order requiring someone to fulfil their contractual obligations.

In addition, litigation can sometimes be used as a means to obtain a declaratory judgement, which is a ruling by the court on the legal rights and obligations of the parties involved in a dispute. This can be helpful in situations where the parties are uncertain about their legal rights or obligations.

So while financial restitution may be a common objective in litigation, it is not the only objective and the goals of litigation will vary depending on the specific circumstances of each case.

If you are considering litigation, there are several important aspects you should consider before proceeding:

Likelihood of success
Before deciding to litigate, you should assess the merits of your case and the likelihood of success. This will involve a careful analysis of the facts and the law, as well as any potential defences the other party may raise.

Costs
Litigation can be expensive, so it is important to consider the potential costs involved. This will include not only legal fees but also expert fees and other expenses.

Time
Litigation can also be time-consuming and may take months or even years to resolve. You should consider whether you have the time and resources to devote to the process.

Alternatives to litigation
Before proceeding with litigation, you should consider whether there are any alternative methods of resolving the dispute, such as negotiation or mediation.

Risks
Litigation always involves some degree of risk as there is no guarantee of success. You should consider the potential risks and benefits of proceeding with litigation and whether the potential rewards outweigh the risks.

Impact on relationships
Litigation can also have an impact on relationships with the other party or parties involved in the dispute. You should consider whether the litigation will have a lasting impact on these relationships and whether this is something you are willing to accept.

Overall, it is important to carefully consider all of these factors before deciding whether to proceed with litigation. Contact Andrew Scott, litigation attorney – to assess your case.