Functions of Commercial Litigation Attorneys
When you realize you are in a major disagreement with your business partners, or such disagreements arise in your usual business dealings, it is wise to seek the services of a commercial litigation attorney. These are lawyers who are skilled in commercial litigation law, which is part 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 law is also applicable in 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 work for either plaintiffs or defendants. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations of businesses.
Many legal issues need the attention of litigation attorneys. Their clients usually have issues that need resolving, or disputes that range from contractual agreements to multifaceted real estate disagreements. Lawyers who have chosen the path of commercial litigation law will only practice this branch, and no other, even if it is in business law. They are not concerned with business law variations. In case someone approached a law firm which did not have a commercial law specialist within its ranks, would usually direct the client to another firm with the suitable professionals present.
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 this is not possible, they will rely on their experience as trial lawyers to argue and win the case, along with the evidence presented. 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. In such cases, it is the task of the petitioner to prove to the court that their previous lawyer in their case was not diligent enough in their duties and services. They have to show that as a result of such negligence, they suffered harm. 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. Cases that concern legal malpractice are under the category of commercial litigation, as the lawyer being put on trial has provided legal services to the petitioner, which qualifies as a business.
You can contact Jeffrey Benjamin whenever you need help in such litigation matters.