Litigation & Disputes

Despite what Hollywood tells us, Disputes and Litigation Lawyers in Leicester are more likely to be negotiating to settle your problem than grandstanding in a court. What actually occurs during a dispute and litigation case is often not what people expect.

Firstly, let’s separate the two terms so we know what we are dealing with.

Broadly speaking they are probably best thought of as stages of a legal process. That’s possibly an oversimplification, but it does help put things in context.

A dispute is a disagreement that has become a conflict, between two or more parties. Usually at dispute stage, that conflict has not yet been taken to court. What causes the dispute can be a range of flashpoints, such as contracts, property, employment, or family matters.

At the dispute stage, the parties may well still want to try to resolve the issue informally. Sometimes just the involvement of a dispute solicitor and the fear of legal action, is enough to settle the matter. Other options include trying alternative dispute resolution (ADR) methods. The most common of these are mediation, and arbitration.

So, a dispute does not necessarily involve the formal use of the legal system and can sometimes be resolved without resorting to the court.

Litigation is the formal legal process of resolving a dispute through a court. Litigation involves formal legal procedures, such as submitting evidence, exchanging legal documents, and presenting arguments before a judge or jury.

In most cases, a dispute will escalate to litigation as the last resort if all other methods have failed.

The Disputes and Litigation Solicitors role is to present at all stages to resolve the dispute in the best way and ensure that legal process, whatever that may be, is followed. For businesses and individuals in Leicester, having access to a skilled litigation lawyer with local knowledge can make a significant difference in the outcome of a case.

What Kind of Disputes Would a Solicitor Be Involved With?

Any kind of dispute with the potential to escalate to legal action, from a business transaction through to personal dispute, will require at least some advice and perhaps further action from a Solicitor. Their role essentially involves representing clients in legal disputes and then working to achieve the best possible outcome. That could be through settlement out of the courts or by seeking a judgement in them. What they do changes with each case, but some key general areas are likely to be:

• Assessing Legal Claims and Defences – The first step in any litigation process is understanding the strength of the case or even if there is a case at all. A Litigation Solicitor will review the facts and the evidence and then assess your legal position. This involves identifying potential claims (or the best defence against a claim), explaining the legal options available to you, and finally advising on the best course of action. In some cases, your lawyer may recommend an early settlement (what people often call settling out of court) if it is in your best interests.
• Negotiation and Mediation – Litigation lawyers will aim to resolve disputes without going to court whenever possible. Remember this is all about the best resolution, it is not about causing an unnecessary court battle, so they will usually start by investigating whether negotiation is the best way to try reach an agreement. Alternatively, they may suggest mediation. Mediation is often quicker and more cost-effective than litigation, making it a popular option for dispute resolution.
• Managing Dispute Resolution through Arbitration – Cases, particularly those involving commercial disputes or employment issues, often go through arbitration rather than mediation. Unlike mediation, arbitration is a formal legal process where an arbitrator reviews the evidence and makes a final decision. Litigation lawyers will represent clients in arbitration hearings, guiding them through the process and ensuring they receive a fair outcome. Once the decision is made, it is as legally binding as a court decision.
• Drafting Legal Documents – If things move to litigation and Court proceedings, it will involve a lot of paperwork. A disputes lawyer is responsible for making sure all that paperwork is correct and presented in the right way. Drafting key legal documents, such as letters before action, claims forms, witness statements, and defence documents are all part of this. These documents must be clear, comprehensive, and in compliance with legal procedures. If your case goes to court their work prior to the hearing will be invaluable.

Does Local Knowledge Make a Difference?

Well, to be blunt, yes, it very much does in some circumstances. The law, as we often hear, is always the law, but local knowledge of the region can be very useful. Leicester and the surrounding area is unique. It is a diverse and constantly changing place. A local lawyer will better understand the regional challenges people and businesses may face.

Most clients will find that choosing a litigation lawyer from the Leicester area ensures that you receive personalised, locally relevant advice. They will also be more accessible for in-person consultations, and much better equipped to handle cases involving local businesses, authorities, or property markets. Additionally, they will have a deep understanding of Leicester’s legal environment, making them better positioned to represent you. And finally, they will be more accustomed to attendance at Leicester County Court – they will know the Judges and that helps plan trials and win. 

Are you looking for the best litigation solicitor in Leicester? 

Get in touch today with us and we will review your message and put you in touch with the right person and right law firm for the job.