No. It is better to come first, so that the lawyer can help you choose the right professional and define what needs to be examined, and so that no deadline is missed.
How to choose a recommended lawyer for litigation and a construction defects claim
In a lawsuit, the choice of lawyer affects every stage: the professional reports that are filed, the examination of witnesses, and the decision on when to settle. A recommended litigation lawyer is one who personally appears in court in similar cases, knows how to work with engineers and other expert witnesses, and gives an honest risk assessment even when it is unwelcome.
When you need a litigation lawyer
- You have found defects in a new apartment and the developer will not repair them (see: Found a defect in your new apartment: what to do and by when).
- A dispute in a condominium: construction on the common property, a leak from a neighbour, installation of a lift, house committee fees (see: the Superintendent of Land Registration).
- Breach of a sale agreement or a transaction that was not completed.
- You have been served with a statement of claim and there is a deadline for filing a statement of defence.
In construction defects claims, the inspection and warranty periods under the Sale (Apartments) Law matter, so it is advisable to seek advice early. How a civil case proceeds, stage by stage, is explained here.
Six things worth checking
- Courtroom experience in similar cases. Ask in which courts the lawyer has appeared and in which types of cases. Judgments and decisions published in legal databases allow you to check this yourself.
- Working with expert witnesses. A construction defects claim rests on an engineer's report, and sometimes on an appraiser's report as well. A lawyer who understands the professional language can scrutinise your own report and confront the other side's expert witness in cross-examination (see: The art of cross-examination).
- An honest risk assessment. A good lawyer will also tell you where your case is weak, and how much the proceedings may cost, before anything is filed.
- Who appears at the hearings. Make sure that the lawyer you met is the one who writes the pleadings and appears at the hearings.
- Transparent fees. Litigation fees may be a fixed sum per stage, an hourly rate, or a combination. Ask for a written agreement setting out what is included.
- Availability throughout the proceedings. A case can go on for a long time. Ask how you will be kept informed and who answers when a decision is given.
Questions to ask at the first meeting
- Which similar cases have you handled, and in which courts?
- Which expert witness is needed, and when should a report be commissioned?
- What are the weaknesses in my case?
- Which deadlines must not be missed?
- How are the fees structured, and what may be added (court fees, expert witnesses)?
Warning signs
- A promise of a particular outcome or amount of compensation.
- Pressure to file a claim immediately, without a professional report and without reviewing the documents.
- No written fee agreement.
The office's litigation experience
Advocate Amos Ilan (Israel Bar no. 35320), an advocate since 2003, has to date represented clients in hundreds of litigation cases in the Magistrates' Courts, the District Courts and the Supreme Court. He writes the pleadings himself and appears at the hearings himself. His familiarity with engineering, appraisal, electrical work and construction allows him to scrutinise professional reports and to cross-examine expert witnesses in their own professional language.
The following are some of the proceedings published in legal databases:
| Proceeding | Court | Subject |
|---|---|---|
| CC 11667-08-20 Sagi et al. v. Gindi Holdings Development Ltd. et al. | Bat Yam Magistrates' Court | Damp defects in an apartment; representing the plaintiffs |
| CC 35299-04-16 Cohen Ayelet v. Megiddo Investments and Construction Ltd. | Tel Aviv Magistrates' Court | Representing a contractor in a construction defects claim against a contractor. |
| Misc. Civ. App. 61803-03-15 Dastgar et al. v. Gelberg et al. | Tel Aviv District Court | Construction on the common property versus rights under TAMA 38; representing the respondents |
| CC 64413-10-18 Eldor v. Kruvi | Tel Aviv Magistrates' Court | Order to stop construction works in a condominium; representing the plaintiff |
| CC 2237-09-14 Hilo v. Gottlieb | Tel Aviv Magistrates' Court | Installation of a lift in a condominium |
| CC 54637-05-20 Shalev et al. v. D. Ben David Investments and Real Estate Ltd. et al. | Hadera Magistrates' Court | Representing a defendant in a claim for damage caused to a neighbour by construction |
| Class Action 50829-02-17 Viazmansky et al. v. Carmel - Mortgage and Investment Association Ltd. et al. | Tel Aviv District Court | Representing a class representative plaintiff in a class action |
| CA 17254-08-10 Anker Uzi Ltd. v. Nitzan Friedberg Ltd. | Tel Aviv District Court | Representing a respondent in an appeal concerning a commercial dispute in the electrical sector. |
Advocate Ilan was interviewed by ynet on construction defects (2021) and published an opinion piece in Globes (2021). What clients have written themselves can be found on the recommendations page.
Nothing in this article constitutes legal advice or a substitute for it, and every case is examined on its own circumstances. The proceedings in the table are presented as information about the office's experience and do not constitute an undertaking as to the outcome of any other matter.
Questions and answers
Do I need an engineer's report before I approach a lawyer?
How long does a civil case take?
It depends on the court, the number of parties and whether professional evidence is needed. At the first meeting you receive an estimate for your specific case.
Will the lawyer I met appear at the hearings?
At this office, yes. Advocate Amos Ilan handles the case personally, from the statement of claim to the final hearing.
Which is better, a settlement or a judgment?
There is no single answer. The decision rests on an assessment of risks, costs and time, and is made together with the client at every stage.
Need a lawyer or a notary?
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