A litigation lawyer helps individuals, families, and businesses resolve legal disputes. They provide legal advice, assess evidence, prepare legal documents, negotiate with opposing parties, and represent clients in court when necessary.
In Ontario, litigation lawyers may handle disputes involving contracts, real estate, estates, shareholders, commercial transactions, and other civil matters. Although some cases proceed to trial, many disputes are resolved through negotiation, mediation, or settlement.
Understanding what a litigation lawyer does can help you decide whether you need legal representation, what to expect from the litigation process, and how to protect your interests when a dispute arises.
What Is a Litigation Lawyer?
A litigation lawyer is a lawyer who advises and represents clients involved in legal disputes. Litigation generally refers to the process of resolving disputes through the court system, although litigation lawyers often work to resolve matters before a trial becomes necessary.
For example, a business owner may hire a litigation lawyer to pursue payment under a contract, a property owner may need help with a real estate dispute, or a beneficiary may seek advice about a disagreement involving an estate.
Litigation lawyers assess the facts, explain the relevant law, identify available legal options, and develop a strategy based on the client’s circumstances and objectives.
In Canada, the terms litigation lawyer, litigator, and litigation counsel are commonly used to describe lawyers who handle legal disputes. The term attorney is more commonly associated with the United States, although it may also appear in general online searches.
What Does a Litigation Lawyer Do?
The responsibilities of a litigation lawyer depend on the type of dispute, the applicable law, and the stage of the case. Their work may include the following.
1. Assessing the Legal Dispute
A litigation lawyer reviews the facts, relevant agreements, correspondence, financial records, and other available evidence. They identify the legal issues, assess potential claims and defences, and explain the strengths, weaknesses, risks, and possible outcomes of the matter.
This initial assessment helps clients understand their options before deciding how to proceed.
2. Conducting Legal Research
Litigation lawyers research applicable legislation, court decisions, procedural rules, and other legal authorities. This research helps determine which legal principles apply and what evidence may be needed to support a client’s position.
In Ontario, the relevant rules and procedures depend on the court, the type of proceeding, and the nature of the dispute.
3. Preparing Legal Documents
A litigation lawyer may prepare or respond to statements of claim, statements of defence, motions, affidavits, written submissions, and other court documents, depending on the proceeding.
Documents must comply with applicable procedural requirements and deadlines. Errors or missed deadlines can affect a party’s ability to pursue or defend a claim.
4. Negotiating Settlements
Not every legal dispute needs to go to trial. Litigation lawyers communicate with opposing counsel, negotiate potential settlements, and may assist clients during mediation or settlement conferences.
A negotiated resolution may save time and expense, but whether settlement is appropriate depends on the facts, the legal issues, the available evidence, and the client’s objectives.
5. Managing Evidence and the Discovery Process
In proceedings where discovery is available, litigation lawyers help gather, review, organize, and assess relevant evidence. Depending on the applicable rules, this may include documentary discovery, examinations for discovery, expert evidence, and other investigative steps.
The purpose is to understand the issues in dispute, evaluate the parties’ positions, and prepare for the next stage of the case.
6. Representing Clients in Court
When a dispute cannot be resolved through other means, a litigation lawyer may represent a client at hearings, motions, trials, or other court proceedings.
Their responsibilities may include presenting legal arguments, examining or cross-examining witnesses, introducing admissible evidence, and responding to the opposing party’s arguments.
The precise work involved depends on the proceeding and the lawyer’s role in the case.
7. Advising on Appeals and Enforcement
In appropriate circumstances, a litigation lawyer may advise on an appeal after a court decision. Appeals are governed by specific rules, deadlines, and legal standards; they are not simply a second trial.
After a judgment or settlement, further legal steps may sometimes be necessary to enforce the outcome or resolve outstanding issues.
What Types of Cases Do Litigation Lawyers Handle?
Litigation lawyers may focus on one or more areas of law. The following are common examples of disputes that may require litigation services.
Civil Litigation
Civil litigation involves legal disputes between individuals, organizations, or businesses, generally seeking remedies such as damages, declarations, or court orders rather than criminal penalties.
Examples include negligence claims, disagreements over legal obligations, and disputes about financial losses.
Contract Disputes
Contract litigation may arise when a party alleges that another party has failed to meet its contractual obligations.
Examples include unpaid invoices, disputed service agreements, breached commercial contracts, and disagreements over the interpretation of contract terms.
Real Estate and Property Disputes
Property litigation may involve disagreements over ownership, title, boundaries, real estate transactions, contractual obligations, or other property-related rights.
The appropriate legal process depends on the issue and the parties involved.
Estate and Trust Litigation
Estate and trust disputes can arise over the validity of a will, the administration of an estate, the interpretation of a trust, the conduct of an estate trustee, or the distribution of assets.
These matters may involve beneficiaries, estate trustees, executors, or other interested parties.
Commercial and Shareholder Disputes
Businesses may require litigation advice when disputes arise between shareholders, business partners, corporations, suppliers, or other parties.
Issues may include alleged breaches of agreements, disagreements about business obligations, shareholder rights, or claims involving directors and officers.
The available remedies depend on the facts and applicable law.
How Does the Litigation Process Work in Ontario?
The litigation process varies according to the type of claim, the court or tribunal involved, and the applicable procedural rules. A typical civil court matter may involve several stages.
Step 1: Initial Legal Assessment
The lawyer reviews the dispute, relevant documents, potential claims or defences, and any applicable deadlines. They explain possible approaches and the risks associated with each option.
Step 2: Negotiation or Other Early Resolution
Where appropriate, the parties may attempt to resolve the matter through correspondence, negotiation, mediation, or another dispute-resolution process.
Some matters may settle before a court proceeding is started.
Step 3: Starting or Responding to a Court Proceeding
If court action is appropriate, the parties may need to prepare and serve the required documents in accordance with the applicable rules.
The documents and deadlines depend on the type of proceeding and the court in which the case is brought.
Step 4: Disclosure and Discovery
Depending on the applicable procedure, the parties may exchange relevant documents, answer questions, conduct examinations, or obtain expert evidence.
These steps help clarify the issues and prepare the matter for settlement discussions or a hearing.
Step 5: Motions, Settlement Discussions, or Trial Preparation
Some cases require motions to address procedural or substantive issues. Others proceed through further negotiation, mediation, or trial preparation.
The court may also require conferences or other procedural steps before a matter can proceed.
Step 6: Trial or Other Resolution
If the dispute does not settle, it may proceed to trial or another form of adjudication. A judge or other authorized decision-maker considers the evidence and applicable law before making a decision.
The process does not always follow the same sequence, and not every case reaches trial.
When Should You Hire a Litigation Lawyer?
You may want to consult a litigation lawyer if:
- You have received a statement of claim, court notice, or other legal document.
- A business, customer, supplier, or contractual counterparty is involved in a serious dispute with you.
- You are facing a property, estate, trust, or shareholder dispute.
- Negotiations have stalled and you need advice about your legal options.
- You need to understand whether you can bring a claim, defend an allegation, or seek a court order.
- You are concerned about an upcoming legal deadline or the consequences of taking no action.
Seeking advice early can help you understand the available options and avoid overlooking important deadlines. If you have received court documents, do not assume that informal negotiations will suspend a response deadline.
How Much Does a Litigation Lawyer Cost?
The cost of hiring a litigation lawyer in Ontario depends on the complexity of the dispute, the amount of evidence involved, the number of parties, the anticipated court steps, and whether the matter settles or proceeds to trial.
Depending on the lawyer and the engagement, fees may be based on hourly billing or another agreed arrangement. Additional expenses may include court fees, service costs, expert reports, transcripts, and other disbursements.
Before proceeding, ask the lawyer to explain the proposed fee arrangement, the anticipated stages of the case, likely additional expenses, and the factors that could increase the overall cost.
It is also important to understand that litigation involves uncertainty. Legal fees and the outcome of a dispute cannot generally be guaranteed.
Also Read: The Real Costs of Hiring a Real Estate Lawyer in Ontario
What Is the Difference Between a Litigation Lawyer and a Trial Lawyer?
The terms are closely related, but they are not always interchangeable.
A litigation lawyer handles the broader process of managing legal disputes, which can include case assessment, document preparation, negotiation, discovery, motions, settlement discussions, and court proceedings.
A trial lawyer is generally associated more specifically with representing clients at trial. Some litigation lawyers regularly conduct trials, while others focus primarily on particular stages or types of disputes.
The responsibilities of a particular lawyer depend on their experience, practice area, and the needs of the case.
How Do You Choose the Right Litigation Lawyer?
Before retaining a litigation lawyer, consider the following factors:
- Relevant experience: Look for experience with the type of dispute you are facing.
- Understanding of Ontario procedure: Ask about the court or process relevant to your matter.
- Clear communication: The lawyer should explain legal issues and options in terms you understand.
- Fees and scope of work: Understand the billing arrangement, expected expenses, and what services are included.
- Strategy and risks: Ask about possible outcomes, alternatives to litigation, and the uncertainties involved.
- Professional standing: Verify the lawyer’s licensing and professional status through the appropriate law society.
During an initial consultation, prepare a brief timeline of events and bring relevant contracts, correspondence, notices, or other documents. This can help the lawyer understand the dispute more efficiently.
Frequently Asked Questions About Litigation Lawyers
What is the meaning of a litigation lawyer?
A litigation lawyer is a lawyer who advises and represents clients in legal disputes. Their work may involve assessing claims, preparing legal documents, negotiating settlements, conducting court proceedings, and advising on possible appeals.
What do litigation lawyers do on a daily basis?
Their daily work may include reviewing evidence, researching legal issues, drafting documents, communicating with clients and opposing counsel, negotiating resolutions, preparing witnesses, and attending court proceedings.
Do all litigation lawyers go to court?
No. Litigation lawyers may resolve disputes through negotiation or mediation without a trial. Their level of courtroom involvement depends on the type of work they undertake and the needs of the case.
Is a litigation lawyer the same as a civil lawyer?
The terms overlap. Civil law is a broad area that includes non-criminal legal matters, while civil litigation focuses on resolving civil disputes through legal proceedings and related processes. Not every civil-law matter involves litigation.
Can a litigation lawyer help resolve a dispute without going to court?
Yes. A litigation lawyer can assess settlement options, negotiate with the opposing party, and assist with mediation or other appropriate resolution methods. Whether a settlement is possible depends on the circumstances.
When should I contact a litigation lawyer?
Consider seeking legal advice when a dispute becomes serious, a legal claim is threatened or started, you receive court documents, or you need to understand your rights and obligations. If a deadline applies, seek advice promptly.
Speak With a Litigation Lawyer
Legal disputes can involve significant financial, commercial, and personal consequences. Understanding your rights, obligations, and available options can help you make informed decisions about how to proceed.
Prudent Law assists clients with litigation and dispute-related legal matters. If you are dealing with a contract, property, estate, shareholder, or other legal dispute, contact us to discuss your circumstances and determine whether legal assistance may be appropriate.
