Getting Help From A Litigation Lawyer
Many of us have watched programmes on TV about court-room dramas. They are extremely popular often because of the power and presentation of the lawyers and the uncertainty of the outcome. However, most court cases are not like that. They tend to be about dry subjects, mainly where two parties cannot reach an agreement on a certain issue. The last resort is to take the case to court where the litigation lawyers will present the evidence from the two sides and a judge will make an adjudication.
The article below will discuss what a litigation lawyer is and how Auckland litigation lawyers can help people with their particular case.
A Litigation Lawyer Is?
Most lawyers work from their office and do not set foot in a court as the vast majority of cases can be resolved by negotiation between the two sets of lawyers. However, if that is not possible, then the case will go to the District Court in Auckland. Here, the legal representatives of each party will present their cases, argue against the other, and help their client with their own appearance in court. Such legal representatives are known as litigation lawyers and sometimes litigators.
There are two strands of practice for litigator – civil and criminal litigation. Generally, for criminal, a person will look for a criminal defence lawyer as the prosecution will be on behalf of the Crown.
For the majority of time, it is civil litigation that people need representation.
Auckland Litigation Lawyers Work On?
Litigation can arise in almost every field of legal practice. This can range from employment disputes, insurance claims, faulty goods and even tax disputes. Where agreement is not possible, the case will be heard before a court.
To illustrate, here are a few examples of the type of work a litigation lawyer might undertake.
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Employment Cases
Employment law is a tricky area and many companies fall foul of the complicated processes involved in employing people.
For example, redundancy is a common situation where an employer might try to negotiate a generous settlement for staff that they no longer want to employ. However, there is a very clear path laid out by the New Zealand Department of Employment. However, even with a generous offer, if an employer does not follow the procedure, then they are laying themselves open to litigation.
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Breach of Contract
A common reason for a situation to go to court is for what is generally known as breach of contract. This can arise for many different reasons such as supplying goods that do not match the purchase specification, failure to provide a service that was contracted, and many others. Usually the lawyers of each side will be able to advise their clients of the wisdom of settling out of court but sometimes that is not possible. In these cases, then the litigation lawyers for each side will appear before a judge who will deliver their verdict.
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Disputed Will and Estates
Often, wills are disputed by aggrieved heirs of a deceased person. Some will feel they should have been left more money or they may dispute the legacy given to another person included in the will. This is very common among blended families where a two people come together and one or both have children from a previous relationship. If the will is not worded well, then disputes can arise all to easily. In these situations, the case will go to civil litigation for a judge to hand down a decision.
Summary on Help From Litigation Lawyers
The foregoing shows that litigation lawyers can work on a vast range of different types of cases. They can help their clients prepare the case, present the documents into court and then argue their side of the matter. The best course of action is not to go to court as the judge might make a decision that you do not agree with. It is also much more costly. However, if agreement cannot be reached, the civil litigation is the last resort.
McVeagh Fleming is a litigation lawyer in Auckland. You can find more details about them from their website.