Finding the Right Lawyer for a Commercial Dispute in Adelaide

When a business faces a dispute—whether with a supplier, customer, partner, or competitor—the stakes are high. Commercial disputes can quickly escalate, becoming costly, stressful, and disruptive. Choosing the right lawyer to guide you through the process is one of the most important decisions you can make.

This article explains how to select the right commercial dispute lawyer in Adelaide, what questions to ask, and what to expect in terms of costs, timelines, and outcomes.

Why Choosing the Right Lawyer Matters

Commercial litigation isn’t just another legal matter—it can involve complex contracts, high-value claims, and significant business risks. Courts in South Australia can impose adverse costs orders, meaning if you lose, you may need to pay not only your own legal fees but also a significant portion of the other party’s costs.

Because of these risks, it’s vital to work with a lawyer who has proven experience in commercial litigation and who will give you realistic, objective advice—not just what you want to hear.

Key Questions to Ask Your Lawyer

Before committing, treat your first consultation as an interview. Ask:

1. Have you handled cases like mine?

   Experience in commercial disputes is essential. A lawyer familiar with business litigation will understand the strategies, risks, and potential outcomes.

   
   

2. What are my options?

   Court hearings are expensive and time-consuming. Ask if your case could be resolved through alternative dispute resolution (ADR) methods like mediation or arbitration.

   
   

3. What are the strengths and weaknesses of my case?

   A good lawyer won’t sugar-coat the risks. Understanding weaknesses early helps you avoid costly surprises.

   
   

4. What is my case worth?

   Your lawyer should provide an estimated claim value, helping you weigh whether the dispute is worth pursuing.

   
   

5. Who will handle my case?

   Will you deal with one solicitor or a team? Who will update you, and how often? Clarity avoids frustration later.

   
   

6. How will decisions be made?

   The best outcomes happen when clients are active participants. Confirm whether you’ll be consulted on key decisions.

   
   

7. What do you need from me?

   Be clear on what documents, evidence, or information your lawyer requires, and how you can best assist.

   
   

8. How long will it take?

   Timelines vary. Opposing parties may delay proceedings. A skilled lawyer will aim for the best outcome in a reasonable timeframe.

   
   

9. How will fees be charged?

   Most commercial lawyers charge hourly, with rates depending on seniority. Always ask for a Costs Agreement upfront.

   
   

10. Are there other questions I should be asking?

    This gives insight into the lawyer’s style and whether you feel comfortable working with them.

Mediation vs Litigation: Weighing Your Options

Not every dispute needs to go to court. Mediation and negotiation often lead to faster, cheaper, and more collaborative outcomes. However, in some cases—such as breaches of contract or shareholder disputes—litigation may be unavoidable.

A good commercial dispute lawyer will carefully explain the risks and benefits of each approach, ensuring you make an informed decision.

Costs, Risks, and Timelines

• Legal Costs: Expect hourly billing, though estimates should be provided. Always request a clear costs disclosure.

• Adverse Costs: If you lose, you may need to pay the other side’s legal fees.

• Timeframes: Commercial disputes can take months or even years. A proactive lawyer will push for resolution but won’t promise unrealistic timelines.

  
  

Frequently Asked Questions

How do I know if I’ve chosen the right lawyer?

Look for experience in commercial disputes, clear communication, and someone who explains both strengths and risks honestly.

Can I avoid going to court?

Often yes. Mediation or arbitration may resolve the matter more efficiently than litigation.

What if I lose the case?

You may have to cover both your legal costs and part of the other party’s costs. Your lawyer should explain these risks before you start.

How much will it cost?

Fees vary depending on complexity and the lawyer’s experience. Ask for a costs agreement and ongoing updates.

What should I bring to my first meeting?

Relevant contracts, correspondence, and financial records. The more information you provide, the better your lawyer can assess your case.

Final Thoughts

Choosing the right lawyer for a commercial dispute in Adelaide can mean the difference between a costly, drawn-out battle and a resolution that protects your business interests. Take the time to ask the right questions, weigh your options, and ensure you feel comfortable with the lawyer’s style and advice.

If your business is facing a dispute, don’t wait until it escalates. Speak with an experienced Adelaide commercial dispute lawyer today. Contact Craig McKay Legal on 08 8331 3204 or take advantage of our complimentary no-obligation telephone consult on any new matter.