A dispute can become more complex and costly when missed deadlines, facts, or key documents come to light early on.
Whether you are facing a commercial dispute, contractual dispute, debt claim or other civil matter, some preparation can make your first legal consultation far more productive. If you have already received a formal court document, bring it with you to the meeting. The court process is governed by strict procedural rules and time limits.
Prepare a Clear Timeline of Events
One of the most useful things you can give a dispute resolution lawyer in Perth is a simple chronology.
Write down:
- What happened first?
- When did the dispute arise?
- Who was involved?
- What was agreed?
- What went wrong?
- What steps have you already taken?
Be Clear About What You Want to Achieve
Before the meeting, consider your preferred outcome.
Do you want payment of an outstanding debt? Are you trying to enforce a contract? Do you want to negotiate a settlement, defend a claim or prevent a dispute from escalating?
Your lawyer Perth needs to understand your commercial or personal priorities, not simply the legal disagreement. In many civil disputes, resolving the matter without a trial can be preferable where an acceptable settlement is possible. Western Australian courts and the Department of Justice recognise mediation as an important way of resolving civil disputes and, in some cases, narrowing the issues before trial.
Make a List of Questions
Your first consultation is an opportunity to understand your options. Consider asking an experienced and reputable litigation lawyer in Perth:
- How strong is my position?
- What evidence will I need?
- Should I negotiate or commence proceedings?
- What are the possible risks?
- Which court or process may apply?
- What alternatives to litigation are available?
- How long could the matter take?
- And what does it cost? Would I be liable for the other party’s costs?
The appropriate court may depend on the nature and value of the dispute. For example, the WA Magistrates Court hears many civil claims for debt or damages of up to $75,000, with more serious matters heard in the District or Supreme Court.
Tell Your Lawyer the Full Story
Do not leave out information because you think it makes your position look weaker. A dispute resolution lawyer in Perth can only properly assess your options if they know about the good, bad and uncertain parts of the dispute.
Mention previous offers, difficult communications, missed deadlines, admissions, unusual contractual terms or anything else that could affect the matter.
A lawyer in Perth clients can rely on should be able to assess the situation objectively and explain the practical consequences of different strategies.
What Should You Bring to the Meeting?
A useful preparation checklist includes:
- Relevant contracts and correspondence
- A chronology of events
- Names and contact details of the parties involved
- Court documents, if applicable
- Financial records connected with the dispute
- Evidence supporting your position
- A list of questions
- A clear idea of your preferred outcome
Frequently Asked Questions
Can a litigation lawyer help resolve a dispute without going to court?
Mediation allows the parties, often with their lawyers, to explore settlement with the assistance of a neutral mediator.
What if I have already received a court claim?
Do not ignore it. Bring the documents to a lawyer as soon as possible so you can understand the applicable deadlines, your options and the steps required to respond.
A discussion with an experienced litigation lawyer Perth can help you understand your options and determine the most practical next step.
Sign in to leave a comment.