What do litigation lawyers actually do in South Africa?
Litigation lawyers in South Africa are legal professionals who represent individuals, businesses, and organisations in legal disputes—especially those that end up in court. Their expertise spans civil and commercial litigation, contract enforcement, property disputes, and more. A litigation lawyer manages all phases of the litigation process, from the initial investigation and pleadings to trial, settlement, or appeal. Whether it’s filing court documents, arguing motions, or negotiating settlements, they are the legal muscle behind your case.
When should a business hire litigation lawyers?
Most businesses only consider litigation lawyers when they’re already being sued. However, proactive companies engage them early—when a dispute first arises or even before signing major agreements. This can prevent expensive courtroom battles later. Litigation lawyers are especially important during high-value commercial transactions, shareholder disagreements, and breaches of contract. Their job is to protect the company’s interests while navigating South Africa’s complex legal system.
What types of cases do litigation lawyers handle?
Litigation lawyers handle a broad range of matters, including:
- Commercial disputes (e.g., breach of contract, partnership disagreements)
- Property disputes (e.g., title issues, boundary disagreements)
- Insolvency proceedings
- Labour and employment disputes
- Shareholder and director conflicts
- High Court applications and interdicts
They are trained to manage complex cases that involve multiple parties, technical evidence, and critical deadlines.
What happens during the litigation process?
The litigation process generally follows these key stages:
- Pleadings – Formal written statements filed with the court.
- Discovery – Exchange of evidence and documents.
- Pre-trial – Case planning and settlement discussions.
- Trial – Courtroom arguments, examination of witnesses.
- Judgment – The court delivers a verdict.
- Appeal (if necessary) – Review by a higher court.
Litigation lawyers guide their clients through each of these steps with precision and strategy, ensuring compliance with procedural rules and court deadlines.
How do litigation lawyers protect your business in court?
Litigation lawyers protect your business by building a solid, evidence-based case and defending it vigorously in court. They identify weaknesses in the opposing party’s arguments, present legal precedent in your favour, and use persuasive courtroom techniques to advocate for you. In commercial litigation, where financial losses can be significant, their role is not just legal—it’s also strategic and financial.
Why are litigation lawyers important in High Court matters?
South Africa’s High Court handles more complex and high-value matters—often involving constitutional rights, commercial disputes, and administrative reviews. Litigation lawyers with rights of appearance in the High Court are specially trained to argue these cases. They prepare in-depth heads of argument, engage with senior counsel (advocates), and ensure your case is presented with the highest level of professionalism.
Can litigation lawyers help resolve disputes without going to court?
Yes, and often they do. While their primary role is to litigate, they are also skilled negotiators. A strong litigation lawyer will assess whether a matter can be settled out of court through mediation or arbitration. This often leads to quicker, more cost-effective outcomes while still protecting your rights. In fact, the mere presence of a seasoned litigation lawyer can compel the opposing side to settle.
What should you look for in a litigation lawyer?
When hiring a litigation lawyer in South Africa, look for:
- Experience in High Court matters
- A track record of success in similar cases
- Strong negotiation and communication skills
- Understanding of your industry
- Accessibility and responsiveness
Choosing the right litigation lawyer could mean the difference between a favourable outcome and a costly loss.
How do litigation lawyers work with other professionals?
In complex cases, litigation lawyers often collaborate with forensic accountants, industry experts, and advocates. This team approach helps build strong evidence and present it convincingly in court. Your litigation lawyer will coordinate these professionals to support your position, ensuring the court receives a compelling and fact-based presentation.
How do you get started with a litigation lawyer?
If you’re considering litigation or facing a dispute, don’t wait. The earlier a litigation lawyer is brought in, the better they can guide the matter. At Andrew Scott Attorneys, our litigation team is skilled in navigating the High Court and commercial arenas. Contact us to book a consultation and take the first step toward resolution.
