what is a litigation lawyer?
As a litigation lawyer, you represent the defendant or plaintiff in a civil matter. You follow the litigation process to get your client the desired outcome. When you represent the plaintiff (the injured party), you prove that the defendant's action caused harm and warrants compensation or settlement. Sometimes, you settle cases outside court or in mediation or arbitration, where cases for both sides are heard before a neutral party.
Litigation covers many legal areas, including commercial laws, where you represent businesses in civil suits, and family and public laws. Regardless of the area of law, your focus is on dispute resolution through court proceedings or a settlement. Court procedures are complex and strict, so it is important to understand the procedures for filing proceedings in different courts.
As a litigation lawyer, you are skilled in handling court cases. In a court-based dispute, you investigate the dispute to identify the strengths and weaknesses of the case. After reviewing your case, you prepare the initial pleadings (the claim that initiates a lawsuit). If you represent the defendant, you prepare a written answer to the claim. With your research and investigative skills, you can find loopholes in the case from the discovery documents. You also require negotiation skills to negotiate a good settlement offer.
view rolesaverage litigation lawyer salary
The average salary of a litigation lawyer in Australia is $118,000 per year. When you work in an entry-level position, you start with a salary of $100,000 annually. With experience and additional qualifications, you will likely earn a remuneration package of $152,500 annually.
how to increase your salary as a litigation lawyer
As a litigation lawyer, your earnings fluctuate based on experience and educational qualifications. When new to the role, you start with a lower salary due to minimal experience. In entry-level positions, you also handle less complex cases that attract a small settlement, which lowers your remuneration expectation. With extensive experience, you can take on class-action cases and represent large organisations on civil matters. Since a percentage of the settlement usually goes to legal fees, the value of the settlement improves your remuneration.
Your area of expertise also influences your earnings. For instance, representing clients in corporate or commercial law attracts higher remuneration due to the complexity of the cases. Working on personal injury litigation reduces your earning expectations due to the low settlement amounts.
The location also affects your remuneration package. When you work in metro areas, you earn a higher salary compared to litigation lawyers in smaller cities. The high demand for litigation lawyers in metro areas improves your salary expectations.
Want to know what you will earn as a litigation lawyer? Check out what you are worth with our salary checker.
types of litigation lawyers
Litigation lawyers can specialise in different areas of law. In business litigation, you handle legal disputes that occur within businesses, such as disputes with vendors, shareholders or business partners. You also handle issues like breach of contract, debt collection, unfair competition and trademark infringement claims.
In personal injury litigation, you represent plaintiffs and help them get a claim for injuries suffered as a result of someone else’s actions. You represent the plaintiff during settlement to ensure they receive financial compensation to cover medical bills and replace lost wages.
In civil litigation, you cover any form of litigation that involves monetary compensation. These cases include financial disputes with landlords, medical malpractice cases, unfair dismissal and personal injury.
working as a litigation lawyer
Are you curious about what litigation lawyers do daily? Here are the typical duties, responsibilities and work environments of litigation lawyers.
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litigation lawyer job description
Some of the common tasks of litigation lawyers include:
- submitting and receiving pleadings: as a litigator, you listen to a client's complaint, and after the initial investigation, you draft a complaint to send to the defendant. The pleading from the plaintiff outlines their complaint. When you represent the defendant, you receive the complaint filed against them and respond within the required time frame. In the pleading, you respond with the defendant's side of the story.
- investigating the complaint: as a litigation lawyer, you investigate the plaintiff's claim and find legal precedents that support their claim. You also determine the defendant's possible strategy based on the discovery files. The aim of investigating is to identify loopholes that support your case.
- preparing arguments: as a litigation lawyer, you prepare the arguments for court proceedings or mediation. When you receive the requested documents from the plaintiff or defendant, you come up with a strategy. During pre-trial, you interview witnesses and interrogate experts to support your claims. You can also organise an interrogation of the defendant to know their side of the story.
- communicating with the opposing counsel for settlement: as a litigation lawyer, you assess the case and determine the possibility of an out-of-court settlement. Sometimes, settlements give better outcomes to the plaintiff and save both parties money. You negotiate the settlement offer based on the facts of the case.
- representing clients in court: as a litigation lawyer, you represent your client in court. Your job is to defend your client if they are the accused or present facts and arguments to support the claims made by the plaintiff. You line up witnesses and question them to inform the jury of the facts of the case. After closing arguments, you wait for the final decision from the jury.
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work environment
Litigation lawyers work with individuals and companies in various industries. In commercial law, you represent clients in the production, telecommunications, mining, manufacturing and construction industries. While you spend most of the day in your office reviewing legal documents and preparing for trial, you also travel to the client's premises. During the investigation, you travel to the plaintiff's workplace to gather facts. Aside from working at the office, you also go to mediation or arbitration conference rooms and courtrooms to represent clients. As a litigation lawyer, you are expected to wear formal attire when representing clients in court. Some law firms have hybrid and remote work settings for lawyers.
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who are your colleagues?
Depending on your employer and the industry you work in, your colleagues might include lawyers, legal secretaries and legal assistants. You might also be working in close proximity to compliance officers and paralegals, as well as other specialists that could include, but not be limited to, legal counsel, office managers and data entry clerks.
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work schedule
Litigation lawyers work traditional business hours from Monday to Friday. You work 40 hours weekly in a full-time position. However, during major cases, you are likely to work evenings and weekends to prepare court proceedings and review last-minute discoveries. Some litigation lawyers work part-time hours, which means they only work a few hours a week.
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job outlook
As a litigation lawyer, you are an expert in civil matters, which prepares you for exciting career opportunities. Aside from becoming a senior counsel or legal advisor, your corporate and commercial law expertise prepares you for higher roles in the company, such as senior legal counsel or executive positions. Alternatively, you can specialise in one aspect of litigation and become a consultant after gaining sufficient experience.
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advantages of finding a litigation lawyer job through randstad
Finding your litigation lawyer job through Randstad provides important advantages such as:
- a wide variety of training and development opportunities
- an experienced contact person to provide help if needed
- a range of opportunities in your area
- get paid weekly or monthly, depending on the job
- temporary and permanent contracts
Want a permanent contract? A temporary job as a litigation lawyer is often a stepping stone to an attractive permanent job. Thousands of people earn a permanent contract every year with great employers thanks to a temporary job found through Randstad. What's more, many companies recruit their permanent employees through Randstad too.
education and skills
If you are considering a career as a litigation lawyer, the first step is to gain a law degree. To pursue a Bachelor of Laws in Australia, you should attain an Australian Tertiary Admission Rank (ATAR) of 90 or higher. If you don’t meet the requirements to obtain a law degree, pursue another undergraduate degree and get a Juris Doctor degree, which takes around two years.
After completing your bachelor’s degree, complete a graduate diploma in legal practice or Practical Legal Training (PLT) to be admitted into your state bar. The training takes three months of full-time study or eight months of part-time study. Apply for admission to practise law in your state and start your supervised legal practice, which takes 18 to 24 months. When you finish supervised training, take the bar exams to be admitted to the Australian Bar Association.
litigation lawyer skills and competencies
Some of the skills and qualities of litigation lawyers include:
- research skills: as a litigation lawyer, you rely on extensive research skills to prepare for court cases. Your research skills help you investigate cases and identify gaps that could benefit your client's defence.
- communication skills: as a litigation lawyer, you require good communication skills to communicate clearly with clients and other lawyers. Effective communication is also essential for making strong arguments in the courtroom.
- attention to detail: as a litigation lawyer, you leverage the evidence you have to win a favourable settlement for your clients. Your attentiveness to details helps you identify discrepancies in the documents or evidence presented.
- negotiation skills: when a dispute is settled out of court, you rely on your negotiation skills to get the best settlement. With strong negotiation skills, you are able to negotiate better terms and financial compensation for your client.
FAQs about working as a litigation lawyer
Here, you will find the answers to the most frequently asked questions about the profession of a litigation lawyer.
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what do litigation lawyers do?
As a litigator, you handle cases involving civil matters. You present a complaint to the defendant or represent a defendant accused of causing injury or harm. You represent clients in court and in settlement negotiations.
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how much do litigation lawyers make in Australia?
As a litigation lawyer, you earn an average remuneration package of $118,000 per year. When you are new to the role, you start with a salary of $100,000 annually, but with experience, you can take home over $152,500 per year.
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how do I become a litigation lawyer in Australia?
You require a law degree or a Juris Doctor to pursue Practical Legal Training (PLT) in Australia. When you complete the training, apply to practise law in your state or territory. When you complete the supervised legal practice, you can take the bar exam to become a litigator.
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what type of cases do litigation lawyers handle?
Litigation involves a wide range of civil cases in various legal areas. As a litigation lawyer, you handle issues related to breach of contract, employment disputes and personal injury disputes.
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what is the difference between a barrister and a litigation lawyer?
A litigation lawyer represents clients in lower courts or magistrate courts. A barrister, on the other hand, represents clients in higher courts and cannot prepare or sign contracts for clients.
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how do I apply for a litigation lawyer vacancy?
Applying for a litigation lawyer job is easy: create a Randstad profile and search our job offers for vacancies in your area. Then send us your CV and cover letter. Need help with your application? Check out all our job search tips here.