What is a Litigation Lawyer? (And What Do We Actually Do?)

Published by Odyssey Legal | Business & Litigation Lawyers

If you're facing a business dispute, you've probably heard the term "litigation lawyer." But what does that actually mean? And when do you need one?

In this article, we'll demystify the role of litigation lawyers and explain when engaging one could save you or your business thousands of dollars. Alternatively, you can watch our Youtube video explaining what a litigation lawyer is, and does (click here).

What Is Litigation?

Litigation is the legal term for resolving disputes through formal legal processes.

When two parties can't resolve a disagreement on their own. Whether it's about an unpaid invoice, a broken contract, a building and construction dispute or defamation, litigation provides a structured legal process to reach resolution.

Here's what most people don't realise: litigation doesn't always mean going to court. In fact, majority of litigation matters are capable of being resolved before ever seeing a courtroom.

What Is a Litigation Lawyer?

A litigation lawyer (also called a litigator) specialises in representing clients in disputes and legal conflicts.

Think of us as dispute resolution specialists. When you have a legal problem that negotiations alone can't solve, we step in to protect your interests through the legal system.

What Do Litigation Lawyers Actually Do?

1. Represent You in Disputes

When you engage a litigation lawyer, you're no longer dealing with the other party directly. We become your voice and your advocate.

This means:

• All communication goes through us.
• We handle the stress and confrontation.
• You can focus on running your business.
• The other party knows you're serious.

2. Negotiate Settlements

This is where litigation lawyers spend most of their time and where we save clients the most money.

Approximately 90% of disputes settle before going to trial. A skilled litigation lawyer knows how to negotiate from a position of strength, pushing for favorable terms while avoiding unnecessary court costs.

3. Prepare Your Case

If negotiation doesn't work, we prepare your matter for formal proceedings:

• Gathering evidence (documents, emails, contracts, photos).
• Preparing witness statements and affidavits.
• Conducting legal research.
• Drafting court documents.
• Developing case strategy.

A well-prepared case has significantly better settlement prospects and if it goes to trial, you're in the strongest position possible.

4. Appear in Court (When Necessary)

When settlement isn't possible, we represent you in:

• QCAT (Queensland Civil and Administrative Tribunal).
• Magistrates Court (claims up to $150,000).
• District Court | Queensland Courts
• Supreme Court (complex or high-value matters).
• Federal Court.
• Adjudication (fast-track for building disputes under BIFA)

We handle all court appearances, present your case, and argue on your behalf.

Types of Disputes We Handle

At Odyssey Legal, we are experts in:

Debt Recovery: Unpaid invoices, letters of demand, statutory demands, Court proceedings (incl. bankruptcy and insolvency).

Contract Disputes: Breach claims, contract interpretation, termination issues or Court proceedings.

Building & Construction: Progress payments, defective work, QBCC disputes, adjudication or Court proceedings.

Defamation: Concerns notices, reputation damage, negotiated settlements and Court proceedings.

Business Disputes: Partnership dissolution, shareholder conflicts, business separation.

When Do You Need a Litigation Lawyer?

Immediate Action Required:

• You've received a letter of demand.
• You've been served with Court documents.
• You've received a statutory demand (21 days to respond).
• You've received a concerns notice (28-day response).

Strongly Consider Legal Advice:

• A debt is 30+ days overdue with no communication.
• A contract dispute is escalating.
• Someone is making false statements damaging your reputation.
• A supplier or contractor is consistently breaching terms.

How Odyssey Legal Approaches Litigation

We're litigation lawyers, but we're also business people. We understand litigation is a means to an end—protecting your interests cost-effectively.

Our approach:

• Quick assessment and clear advice.
• Strategic thinking focused on your goals.
• Transparent costs with no hidden surprises.
• Commercial focus on outcomes that make business sense.
• Negotiation first, court when necessary.

Common Myths About Litigation Lawyers

Myth 1: "Litigation lawyers just want to go to court" Reality: We'd rather resolve matters through negotiation. Court is expensive for everyone.

Myth 2: "I can't afford a litigation lawyer" Reality: You often can't afford NOT to have one. Early legal intervention costs far less than DIY mistakes.

Myth 3: "Engaging a lawyer will make things worse" Reality: Professional representation usually leads to faster, more favorable outcomes.

Myth 4: "I should wait and see what happens" Reality: Waiting almost always makes matters worse and more expensive.

Take Action Before It's Too Late

If you're facing a dispute, the worst thing you can do is nothing. Problems rarely resolve themselves; they escalate, become more complex, and cost more to fix.

We see this constantly: clients who waited 6 months to call us, wishing they'd called at 6 weeks. By then, their options are limited and their costs are significantly higher.

Need a Litigation Lawyer?

At Odyssey Legal, we're experienced litigation lawyers who specialise in helping our clients and Queensland businesses resolve disputes efficiently and cost-effectively.

Contact us today:

• Phone: 07 5370 8759
• Email: info@odysseylegal.com.au
• Book Your Free Initial Consultation: We offer a free initial consultation to assess your situation and provide clear advice on the best path forward.

Don't wait until a small problem becomes an expensive legal battle.

About Odyssey Legal

Odyssey Legal is a specialist litigation and business law firm servicing all of Queensland. With over a decade of experience, we focus on helping Queensland businesses resolve disputes, recover debts, and protect their interests.