Category Archives: Litigation lawyers

Litigation lawyer in Auckland

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How A Litigation Lawyer In Auckland Can Help You

Some of the most popular television shows are legal shows ranging from the fictional Law & Order to reality star Judge Judy. Why do I mention these? Merely to illustrate the importance of legal systems in our world today and to demonstrate how people believe that by viewing these shows and learning jargon, we are now able to represent ourselves in certain situations. While this is true in the case of Judge Judy’s court, it is never recommended if you do not have a legal qualification yourself. This article will discuss what a litigation lawyer is and how this type of litigation lawyer in Auckland can benefit you in specific cases.

What Is A Litigation Lawyer?

Litigation caseA litigation lawyer, also known as a litigator, is a lawyer who works with cases that are likely to go to court to find a settlement. A litigator can opt to practice in one of two different types of litigation law, either criminal or civil litigation. A criminal litigation lawyer will work on cases within the criminal legal system whereas, a civil litigation lawyer focuses on corporate or personal situations where there is a legal dispute.

What Type of Cases Does An Auckland Litigation Lawyer Work On?

There are many different types of cases that go to civil litigation but in short, it is where two or more parties cannot come to an agreement. As a result, the case will go before a judge in court.

Some common examples include:-

1. Wrongful Dismissal
A wrongful dismissal case can be very complex and is usually where an individual has been wrongfully dismissed from their place of work. This may be due to various reasons, but the point of contention in these cases often remains as a breach of contract. This can include times where the dismissal notice period was ignored, the correct process was not followed, or even having a job description rewritten. In these situations, it is possible for the individual to claim financial compensation which can run to several thousands of dollars.

2. Landlord-Tenant Disputes
A civil litigator with a specialisation in real estate will handle disputes between landlords and tenants. The landlord-tenant dispute will arise when either client considers there to be a breach of contractual agreement by the second client. This can apply to both residential and commercial situations. However, for most residential issues, the NZ Housing Tribunal will adjudicate. For commercial property issues, these will go before the Auckland District Court. Examples of these types of cases can cover interpretation of leases, responsibility for repairs, and problems in relation to Personal Guarantees in some cases.

3. Bad Debt Claims
A common type of civil case a litigation lawyer will face is for debt recovery or settling outstanding bills. For smaller contested amounts, less than $15,000, the Dispute Tribunal is the forum but for larger amounts, then the case will go before the District Court. Common claims are for disputed contracts, sub-standard quality of goods, unpaid bills, and tax disputes.

litigation lawyers in AucklandFinal Words On Finding a Litigation Lawyer

As can be seen, litigation lawyers provide services in various types of cases. By using the information above, you can make an informed decision as to whether a litigator can help you.

For more information about a litigation lawyer in Auckland, go to McVeagh Fleming website.