In Perth many lawyers advertise themselves as either ”Perth litigation lawyers” or “Perth commercial litigation lawyers”. There are differences between the two types of legal practise, and these two distinct but similar fields of legal practise will be covered accordingly.
Litigation lawyers in general
A lawyer in Perth who practises in the field of litigation is a type of lawyer who assists clients with the dispute resolution process. Although dispute resolution is a broad concept, we should think of this to include legal matters that are both out-of-court and in-court.
Generally Perth lawyers who are litigation lawyers will explain that they are either civil litigation lawyers or criminal litigation lawyers. This is just another classification to the broad area of legal practise which is litigation practise.
Some lawyers will practise both civil or criminal litigation. Civil litigation covers many areas of law such as those listed on Our Expertise page. Criminal litigation is self-explanatory and is legal practise in legal matters related to crimes against the State or Federal Government.
What can a litigation lawyer in Perth actually do for me or my legal matter?
Litigation lawyers generally get involved in the event that you are involved in a legal dispute or there is potential for a legal dispute to arise. Most legal disputes arise by way of a demand letter or notice of some sort, in legal terms, this is commonly referred to as a ‘letter of demand’.
If you receive a letter of demand, it is not unusual to feel threatened, intimidated or that your rights are not being recognised. Although you may believe many reasons why the demand(s) was made wrongfully, you may not know how to express these inaccuracies to the claiming party and correctly deny or concede to their demands or claims.
In the above circumstances, it would be advisable to obtain legal advice from a Perth litigation lawyer.
A litigation lawyer at BMS LAW will generally assist you by:
taking your full instructions as to the factual circumstances of your legal matter
communicate on your behalf to all relevant parties
ensuring that your rights are safeguarded
advising you on the best course of action to take in relation to your legal matter
advising you of your legal costs that are anticipated and immediately foreseeable
advising you on your chances of success if the matter does go to court
Commercial litigation lawyers in general
A lawyer that practises in commercial litigation is one who assist clients with legal disputes that broadly involve 'trade or commerce'. Trade or commerce generally includes all things related to businesses, consumers, and their relationships. One example of a commercial legal dispute would be one where there is a contract and this contract is breached. See our other blog post for more information on breach of contract.
What can a commercial litigation lawyer in Perth do for me or my legal matter?
In general circumstances, a commercial lawyer may be appropriate in a situation where there is a breakdown in the relationship between businesses and/or consumers.
For example this could be a dispute involving an offer of some sort and the acceptance of that offer. In a perfect world, an offer and acceptance with another element known as ’consideration’, gives rise to legal arrangement known as a contractual agreement or simply an agreement made.
Some situations whereby a commercial litigation lawyer may get involved:
A party to the agreement breaches their obligations and the other parties involved wishes to enforce upon these obligations
A party to the agreement wishes to vary the agreement and the contract does not allow for such
A party or both parties wish to terminate the agreement
it is advisable to seek legal advice from a litigation lawyer in Perth.
Final considerations
There are free materials available on various WA Government websites to help everyday people have a better understanding of litigation and legal matters in general, such as :
District Court of Western Australia
Legal Aid
(The links above are provided only for ease of reference and may change.)
If you have a legal dispute of some sort, it is best to get legal advice early before things get unnecessarily complex . Reach out to a litigation lawyer at BMS LAW at a time that suits you by contacting us on (08)63890270 or email info@bmslaw.com.au