Litigation & Disputes – A Consumer Guide

Litigation is stressful, expensive and often slow. This guide helps you understand how dispute work should be handled, what good service looks like, and how to spot warning signs early.

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1. What litigation & disputes involve

Litigation usually includes some or all of these steps:

  • initial advice on prospects and strategy;
  • gathering evidence and documents;
  • sending or responding to a formal “letter before action”;
  • negotiation or alternative dispute resolution (ADR);
  • issuing a claim or defence;
  • court directions, disclosure and witness statements;
  • preparing for trial;
  • enforcing a judgment (if you win).

A good litigator gives clear written advice on risks, costs and timescales at each stage.

2. What good litigation service looks like

You should expect:

  • a clear explanation of options (settle, negotiate, litigate);
  • honest advice about strengths and weaknesses;
  • written costs information before work is done;
  • explanations of each court stage in plain English;
  • regular updates and prompt responses;
  • realistic expectations — no over-promising;
  • proper supervision if junior staff work on tasks.

Before instructing, use:

3. Common problems in litigation

Litigation produces many of the same service issues as other legal work, but the stakes are higher:

  • failure to advise properly on risks (“prospects of success”);
  • poor communication — long delays in replying;
  • missed court deadlines;
  • sending the wrong documents or filing late;
  • unexpected bills or “cost surprises”;
  • no clear strategy explained to you;
  • over-aggressive or under-prepared approaches;
  • poor supervision of trainees.

If any of these recur, record them in your Risk & Issue Log.

4. Warning signs to watch for

Be concerned if your lawyer:

  • is vague about prospects of success;
  • dodges questions about costs or “worst-case scenarios”;
  • ignores repeated emails or calls;
  • seems unaware of court deadlines or time limits;
  • keeps changing their advice without written explanations;
  • sends documents with errors or missing content;
  • gives the impression they haven’t read your papers;
  • blames everything on “the court” or “the other side”.

If the behaviour suggests potential breaches of professional rules, see:

5. Key questions to ask litigation lawyers

These questions help test competence and honesty:

  • “What are the strengths and weaknesses of my case?”
  • “What are my options besides going to court?”
  • “Can you give a realistic range of likely costs?”
  • “How long might this take, including key stages?”
  • “Who will prepare witness statements and evidence?”
  • “What deadlines should I be aware of?”
  • “How often will you update me?”
  • “What is the worst-case scenario?”

For the full list, see Questions to Ask a Lawyer.

6. Running a litigation case as a project

Litigation produces a huge amount of paperwork. Structure is essential:

  • Timeline Tracker – track every court deadline, promise, delay or extension.
  • Communication Log – record calls, letters, and any non-answers.
  • Risk & Issue Log – log each service issue separately.
  • Cost Monitor – litigation is expensive; track changes early.

These records make complaints — and Ombudsman claims — much stronger.

7. Understanding litigation risks

You should always be clearly told about:

  • time limits (for claims, applications, appeals);
  • risks of losing and paying the other side’s costs;
  • risks of incomplete evidence;
  • what happens if you miss court deadlines;
  • when a barrister may be needed and what they cost.

If these are not explained, ask for them in writing using your Communication Log.

8. Settlement, negotiation & ADR

Courts expect parties to try to settle where possible. Your lawyer should discuss:

  • mediation;
  • without-prejudice negotiation;
  • offers to settle (“Part 36” in England & Wales);
  • pros and cons of settling early vs fighting on.

If your lawyer refuses to discuss settlement options, ask why.

9. If something goes wrong

Serious problems in litigation include:

  • missed court deadlines or orders;
  • poor or incorrect advice on prospects;
  • last-minute surprises caused by inaction;
  • significant cost overruns without explanation;
  • failure to follow instructions;
  • failure to provide evidence or documents in time.

Your steps:

  1. Ask for a written explanation of what happened and why.
  2. Update your logs and timeline with the facts.
  3. Make a numbered formal complaint to the firm.
  4. Escalate to the Ombudsman if needed.

Helpful tools:

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