To begin with property litigation is not just about litigation, that is dealing with proceedings in court. About fifty percent of the work the firm does is advisory. It involves advising clients on their legal positions. This could be to assist them in a negotiation, or in relation to a potential dispute. But why should a client ask a litigator to advise rather than a conveyancer or other transactional lawyer? The answer is often the litigator’s perspective. Generally, a litigator will have a better understanding of how a judge would approach a dispute. With this in mind he is better equipped to present his client’s case to the client’s opponent – and if a case is presented well it is more likely to lead to a settlement rather than to litigation. Unlike his transactional colleague a litigator will be involved in more legal research on a day to day basis. He will also have a much better understanding of legal remedies, which is particularly important for a client when deciding on a course of action.
Property litigation is not a perfect title but it does give a sense of this area of legal practice. In recent years it has also been described as real estate litigation.