How to check a litigator has run matters like yours before
Verify a litigator's experience with concrete checks: Law Society register, case summaries, past client references, published judgments. What to ask and what.
You're considering hiring a litigator for a matter that could go either way, and you want someone who's handled something similar before—not their first rodeo. The challenge is that experience claims are easy to make and hard to verify. What concrete steps can you actually take to confirm a litigator has genuinely run cases like yours?
Check their practising licence and track record
Start with the Law Society of South Africa register. Search for the attorney by name and confirm their practising number is active and in good standing. That's baseline hygiene. Next, ask directly: "What similar matters have you handled in the past three years?" Request specifics—the nature of the claim, the court it was in, the approximate value, and the outcome. A litigator who has run matters like yours should be able to rattle off details without hedging.
Then ask for written proof. This doesn't mean breaking client confidentiality; it means asking the attorney to provide a summary—anonymised if needed—of comparable cases they've concluded. Many track this in case summaries or testimonials. If they're evasive or say "I can't discuss past clients," that's not the issue; the issue is whether they'll produce evidence that they've done this work. Some attorneys publish case summaries on their practice profile or can point to published judgments where they appeared. Ask them to show you. If they can't produce anything concrete, that's a signal to probe harder.
Another useful check: ask which firms they've worked for and in what capacity. If they spent five years in a commercial litigation unit at a large firm, they almost certainly have exposure to complex disputes. If they've been solo for two years and it's your first time asking them about experience, that's different information. Neither makes them wrong for the job, but it changes what you're actually betting on.
Call their references and ask the right questions
Request contact details for at least two past clients who hired them for a similar type of dispute. Don't skip this because you're embarrassed to ask. A litigator confident in their experience will have references ready. When you phone, don't ask vague questions like "Were you happy?" Instead, ask: "What was the nature of your case? How did this attorney's approach compare to others you interviewed? Did they correctly predict timelines and costs? When things got difficult, did they adapt their strategy or stick to their original plan?"
Listen for whether the reference can articulate what the attorney actually did—not just that they were "professional" or "responsive." If a reference says, "They spotted a procedural gap that saved us three months," that tells you something about problem-solving. If they say, "I don't remember much about the strategy, but they kept me informed," that's less illuminating.
Also ask references whether the attorney was honest about likelihood of success. A litigator who tells every client they'll win is either delusional or lying. Good ones tell you what they think the case is worth, what the risks are, and what a loss might look like. Past clients often remember that conversation clearly.
Dig into their court record if possible
For litigation that's already been decided, judgments are public. If a litigator mentions they acted in a reported case, you can search the online judgment databases (like Saflii, the online law reports, or the relevant court records) and read what the court said about their arguments. This isn't about whether they won or lost; it's about whether they ran a disciplined case.
In Magistrate's Court, records are less widely published, but you can ask the attorney whether any of their recent matters went to judgment and whether you can read the ruling. If they have nothing to show you—no references, no traceable cases, and no clear explanation of relevant experience—you're working blind. That might be acceptable if they're cheaper or come recommended by someone you trust, but it's not verification.
When you've gathered this information, you're not checking whether they're perfect. You're checking whether their experience claim is real and specific enough that you can make an informed decision. Strove's verified litigators have all been through basic vetting; from there, your job is to dig into the details they can actually demonstrate.
Common questions
- What if an attorney won't give me references or case details?
- Ask why. Some may cite client confidentiality, which is fair—but they should still be able to provide anonymised summaries or connect you with clients who've agreed to be references. Consistent refusal to show any track record is a yellow flag. You have the right to make an informed decision before hiring.
- Can I look up past cases a litigator has handled?
- Yes, for cases that went to judgment. Search Saflii or the relevant court records using the attorney's name. For settled matters, they won't be public unless the attorney has published a summary. Ask the attorney directly whether they have recent matters in judgment you can read.
- Does it matter if they've never handled my exact type of case before?
- Not necessarily. Litigation skills often transfer across types of dispute. What matters more is that they've litigated at all and can show you how they approached strategic problems. If it's a specialist area (tax, family, construction), experience in that field matters more.
- How many references should I ask for?
- At least two, ideally from cases concluded in the past two years. Three is even better if the attorney can provide them. Make sure at least one is from a case with an outcome you care about—a win, a settlement, or a loss they handled well.
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