Guiding clients through litigation: Insights from our Associate Lawyer
Litigation – the process of resolving disputes through the Court system – can be a daunting experience, especially for clients who don’t deal with it every day.
Between the legal jargon, long timelines, high stakes, and ongoing stress, it can quickly feel overwhelming.
To demystify the process, we asked our Associate Lawyer Liam McColl to share how he helps clients navigate disputes with confidence and clarity.
Tell us about your background
Becoming a lawyer wasn’t in my initial plan. After high school, I explored other fields at university, keen to upskill and broaden my academic experience.
After university, I kept asking myself “what next?”, which ultimately drove me to complete my Practical Legal Training (PLT) in 2018, and from there, be admitted as a lawyer in 2019.
I began my legal career in 2019 working alongside a generalist sole practitioner, with a focus on commercial litigation. I then moved to a larger firm in 2022 where I specialised in civil litigation and dispute resolution. However, after being a member of a larger firm, I realised I wanted to be part of a smaller team where I could make a real impact and build my own brand.
That drive led me to join Aintree Group Legal in November 2023.
How do you approach defending clients facing a dispute or litigation matter?
The best approach is to prepare the client fully for what is to come. It starts with honest advice, where I really question the merit behind the claims and the possible outcomes that could arise. From the outset, my priority is minimising costs for my clients and achieving the best possible result.
I balance my duty to the Court with providing practical, transparent advice, including preparing my clients for both the costs and the steps involved to reach a desired outcome.
Summarise the litigation process and what is involved
Disputes usually start when my client wants to initiate a claim or defend one. From there, the process enters the pleadings stage, followed by a long interim period where both sides exchange information through discovery, clarify issues, complete interlocutory steps and participate in a form of dispute resolution, such as mediation.
Most cases resolve without stepping into a courtroom, but if trial becomes necessary, I guide my clients through the process, all the way to closing submissions and await judgment.
What is your role when you’re representing a client at court?
In hearings or trials, I usually take the role of ‘instructing solicitor’ where I assist counsel (the barrister) to ensure every detail of my client’s case is known inside out. I work closely with the barristers and prepare all correspondence and Court documents.
In matters with a lower cost threshold, I may even appear in front of the Judicial Officer alone, managing both solicitor and advocate responsibilities to keep things streamlined and cost-effective for my clients.
Can you share how you help clients feel supported during what can often be a stressful process?
Litigation can often be an overwhelming experience for the client, especially if they’ve never been through it. To support my clients, I take care to demystify the process, breaking down stages clearly, providing regular monthly updates, and responding to questions as they arise.
“I imagine myself in the client’s shoes and explain every step in understandable terms. It’s about making sure clients always know what’s coming next and feel supported at every stage.”
How does your work tie in with Aintree Group’s values of being courageous custodians of our community?
I live our Aintree Group values by taking an assertive but authentic approach. By valuing openness and honest communication, I ensure my client knows exactly what to expect and the potential outcomes from the case. I don’t consider myself someone who “gilds the lily”.
At Aintree Group Legal, being ‘courageous custodians of our community’ means doing what’s right – not what’s easy. For me, that often means advising clients to seek early resolution when it saves them stress and money, even if it means less time in court.
Ultimately, my paramount duty is to the Court.
What do you wish every client knew before starting the litigation process?
I wish more clients knew that most cases can resolve through alternative dispute resolution, such as mediation. Resolving the dispute early, and not feeling apprehensive of compromise, is in the best interest of all parties, especially to reduce costs and emotional input.
It’s important (as hard as it can be) to put aside your own feelings and emotions, and really think about the best outcome for the case at hand.
What do you find most rewarding about your role?
For me, the most rewarding part of my role is when a client walks away happy with the outcome.
When I receive positive feedback and the client acknowledges the hard work I’ve put into their case, it reminds me why I do what I do.
What is the biggest misconception people have about going to court?
One of the biggest misconceptions about going to Court is that it plays out like the high drama seen on television – full of theatrics and heated arguments. In reality, I’ve always observed Court as a far more academic process. While lawyers advocate strongly for their clients in the courtroom (albeit with a bit of theatre still involved), there is often a sense of professionalism and collegiately between lawyers behind closed doors, that the public rarely sees.
It is a surprise to many people how methodical and, at times, uneventful court proceedings can feel, especially if they are not familiar with the details of the case.
Because our practice focuses on civil and commercial matters, it’s also rare to encounter a jury trial. A judicial officer (Judge or Judicial Registrar) arbitrates the outcome of majority of our matters (if they got to trial), and the size and atmosphere of the courtroom will depend entirely on the nature of the matter.
How do you decide whether to recommend mediation, settlement or pursuing a full trial?
It is a common requirement that the parties take part in a form of alternative dispute resolution (often mediation) before any case is taken to trial. And in most cases, the case will resolve during this process.
I highly recommend to all my clients that they take mediation seriously and try to resolve the case sooner rather than later. There is nothing stopping both parties from settling the issue before trial even needs to happen.
What’s the most valuable lesson you’ve learned from representing clients in disputes?
The most valuable lesson I’ve learned is the importance of stepping back and being objective.
While working closely with clients lets you understand their perspective and sense of justice, it’s crucial to focus on the solution that makes the most commercial sense, which works in their best interests.
Court matters are unpredictable, outcomes can change quickly, and the judge’s decision is never certain until they deliver judgment.
I’ve found that thinking on my feet and being flexible provides a far better result for the client than trying to control every aspect of the process.
Liam McColl
Associate Lawyer at Aintree Group Legal
He has a keen interest in commercial disputes, civil procedure, and enforcement, and enjoys investing himself in the complexity of every matter and is always thinking outside the box.
Liam is currently learning German (er spricht ein bisschen Deutsch), and is a self-professed film and history nerd. He also enjoys watching cricket, even at the expense of his sleeping schedule when Australia is playing overseas.
Whether through mediation or in the courtroom, the goal of Liam and our Legal Team is always the same – helping clients feel informed, supported, and confident through every step of the process.
If you’re facing a dispute or simply want to understand your options, get in touch with the Aintree Group Legal team for practical, transparent advice.
