How Commercial Litigation Attorneys Work
Whenever disputes arise in your business affairs, or between you and your associates, you will need the legal representation of a commercial litigation attorney. These are lawyers whose area of specialization is litigation law, a branch of business law. They are normally asked for whenever there is need for someone to take care of a situation in which a contract has been violated, or a dispute has started between business partners, or the business owners and their shareholders. This type of law is also getting more use in an area called collections. For this, you will need a litigation attorney to start legal proceedings of attaching assets or bumped up wages, which will be part of the collection process. They shall represent either defendants or plaintiffs. Rarely do they perform other transactional duties, such as submission of trademark registrations, or incorporation of businesses.
Litigation attorney attend to a lot of legal issues. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Lawyers specializing in this type of law normally handle such types of cases exclusively, even if they fall under the scope of business law. They are not concerned with business law variations. If you do not get a commercial litigation attorney at a particular law firm, expect them to give you excellent referrals of one.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. Normally, they work towards getting those matters settled before they reach the courts. If they do not manage to do so before they have to go to trial, their level of experience in court will determine how successful they shall be the case. They shall proceed by preparing for the case, then go to court and argue their side, and if they are not successful, they shall file an appeal. There are variations in how they charge for their services, either on an hourly basis, or on a flat rate basis.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. For such cases, there has to be a clear demonstration of how the previous lawyer had not handled the case well through the discharging of their duties. The petitioner then has t show clearly how they endured suffering as a result of the lawyer’s actions. Showing the presence and extent of the harm is not enough. They have to show that had the lawyer done their job, none of it would have happened. Such cases fall under the jurisdiction of commercial litigation since the failure of the lawyer is a breach of a business contract.
You can contact Jeffrey Benjamin whenever you need help in such litigation matters.