LITIGATION

Litigation refers to the process of taking legal action against another person, group or business to solve a dispute. You can and should seriously consider hiring an experienced litigator in most situations. The law is complex and takes a certain amount of know-how to navigate, as a solid case can quickly unravel without the help of a competent and experienced trial lawyer.  

Generally, whichever party loses the court case is ordered by the judge to pay the other party's legal fees. If you do not win your suit, you will be on the hook for your legal fees as well as the defendant's fees. You'll have to disclose all of your assets, and you might lose money and property if you aren't careful. 

All Canadian lawyers can call themselves both "barristers and solicitors," although many define their practices as either one or the other. A barrister is a litigator, i.e. a courtroom lawyer. These days, the term "litigator" or "trial lawyer" is more often used than "barrister." 

Barristers can represent either defendants or plaintiffs. Not all litigation will end up in court, but a barrister is well prepared to handle this legal process when necessary and help you navigate your way through the legal system.  Barristers manage all phases of the litigation, namely:

• conducting an initial assessment of the case: issues, facts, evidence (sometimes referred to as the "who, what, where, when, why and how" of the case), applicable law and formulating the theory of the case;
• drafting Pleadings (Statement of Claim, Statement of Defence, Counterclaim, Reply);
• conducting document disclosure;
• oral/written questioning of the other party adverse in interest to adduce information that may be used as evidence at trial;
• bringing or responding to motions throughout the litigation process;
• representing parties regarding motions for summary judgment;
• representing parties regarding injunction motions;
• representing parties at confidential pre-trial settlement conferences (or JDR's) 
• representing parties at trial; and
• representing parties on appeal.

Most cases never reach trial but instead are settled to eliminate the risk and expense of going to court. Barristers often engage in early settlement discussions to attempt to resolve the matter before (or very soon after) a Statement of Claim is prepared, filed and served on the other party. 

Barristers collaborate with their experts and clients when cases proceed to trial to craft a trial theme. They identify the strengths and weaknesses of their case and develop persuasive arguments to support it. Barristers strategize and prepare their clients, witnesses and experts for testimony around the clock in the weeks leading up to the trial.

Barristers might appeal the case for their client if the trial goes badly, but they can't do so simply because they/their client(s) don't like the outcome. The losing party must present evidence as to why the trial court's decision was wrong in some way based on issues such as specific evidence being admitted at trial when it should not have been. Barristers must research procedural issues, draft appellate documents, and present oral arguments before appellate courts. If the case is particularly significant or complex, barristers might retain the assistance of barristers who specialize in appellate practice.

André represents parties in all aspects of the litigation process, from start to completion, including the following: contract disputes, corporate and commercial litigation, serious personal injury, defamation, medical malpractice, estate litigation and malicious prosecution.  

If you need a trial lawyer, it is best to find a barrister with extensive experience in the area of your need to represent you in the best manner possible.