What to Know Before Hiring a Litigation Lawyer
Litigation is the process of resolving disputes through the court system. A litigation lawyer guides you through every step: from drafting and serving a statement of claim, through discoveries, motions, and trial, to judgment and enforcement. Canadian civil litigation follows provincial rules of court, so your lawyer must be licensed in the province where the dispute will be heard.
Experienced litigators specialize by area: commercial litigation, employment disputes, insurance defence, personal injury, construction disputes, estate litigation, and more. When selecting a litigator, prioritize their track record in your specific type of dispute over general reputation or firm size. A boutique litigator who specializes in contract disputes will typically outperform a generalist at a large firm on a straightforward commercial claim.
Litigation is expensive because it is time-intensive. Expect to pay $300–$700/hour for experienced counsel, with complex trials running into six figures. Ask prospective litigators to estimate the cost to reach settlement (most cases settle before trial) vs. the cost to complete a full trial. This helps you make an informed decision about whether litigation makes economic sense for your situation.
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Find My LitigatorFrequently Asked Questions
What does a litigation lawyer do?
A litigation lawyer represents clients in court proceedings and adversarial legal processes. This includes drafting pleadings, conducting examinations for discovery, arguing motions, preparing for and conducting trials, and handling appeals. Litigation covers civil disputes, commercial conflicts, employment matters, and more.
How much does a litigation lawyer cost in Canada?
Litigation lawyers in Canada typically charge $300–$700/hour depending on seniority and location. A straightforward civil lawsuit can cost $10,000–$50,000 in legal fees. Complex commercial litigation can run into the hundreds of thousands. Many litigators offer a free initial consultation to assess your case.
What is the difference between a litigator and a transactional lawyer?
Litigators handle disputes, court proceedings, and adversarial matters. Transactional lawyers handle deals, contracts, and non-contentious legal work like mergers, real estate closings, and corporate governance. Some lawyers do both, but most specialize in one or the other.
When should I hire a litigation lawyer?
You should consult a litigation lawyer when you are served with a claim or lawsuit, when negotiations have broken down and legal action is likely, when a deadline to file a claim is approaching (limitation period), or when you need to enforce a court judgment. Do not wait until a court date is set.