In this issue, we will attempt to provide a brief explanation of the litigation process and provides links to other informative articles on the subject. Simply click on these links to read more.
What is litigation?
Litigation is a phrase that is commonly used when referring to the process where parties refer their disputes to a court for adjudication and a litigation attorney is similarly an attorney that specialises in moving these disputes to court on behalf of their clients.
How Do I Choose a Litigation Attorney?
A successful litigation attorney must have an in-depth knowledge of the rules of court and the processes applicable to such courts. He/she will have to decide on issues such as which court to approach, whether the matter must be instituted through motion proceedings or action proceedings etc.
As litigation emanates from other fields of expertise, your litigation attorney should have sound knowledge and experience in Family Law, Commercial Law, Property Law, Labour Law, Wills and Estates, Criminal Law and even specialist fields like the Private Security Sector.
Mahatma Gandhi once said that “If science becomes all technique and technology, it quickly degenerates into man against humanity”. The same applies to legal practitioners. We firmly believe that legal services should always be rendered with sympathy, empathy and a basic understanding of our client’s needs, even their emotional needs at times.
Great care and consideration should be taken in appointing a litigation attorney.
What Types of Disputes Lead to Litigation?
Almost all disputes, including disputes within the Private Security Sector, may lead to litigation in one form or another if not properly addresses by the parties. The following disputes may serve as examples of disputes that are regularly referred to court for adjudication:
Claims for damages that arose as a result of motor vehicle accidents, injuries, cases of assault, actions by animals, slander or libel, etc.
Labour-related disputes such as retrenchments, dismissals, victimisation, unfair labour practice, etc.
Family disputes such as spousal maintenance, child maintenance, divorce, domestic violence, Rule 43 Applications, etc.
Commercial disputes such as breach of agreement, enforcing contractual terms, collection of monies, delivery of goods, etc.
Property disputes such as the sale of property, the transfer of property, evictions, leases, disputes with neighbours, etc.
Criminal Matters such as bail applications, unlawful arrests, forfeiture of bail, criminal charges, etc.
How Much Will My Court Case Cost Me?
Legal costs during litigation may differ substantially from case to case and from court to court. It is advisable to discuss legal costs with your attorney and to obtain an estimate of fees from him/her to avoid any unpleasant surprises.
How long will my court case take?
Much like asking “how quickly would an injury heal?” – the answer is ‘it depends’. Once again the time to finalise a matter will differ substantially from case to case. Factors such as whether it will be opposed or unopposed in which court it will be moved etc. will play a significant role in establishing the time it may take to finalise your case. Your attorney will be in a better position to discuss this with you once you present him with all the facts.
