Doing Businesses The Right Way

How Commercial Litigation Attorneys Work

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 whose area of specialization is litigation law, a branch of business law. They are usually called in to handle a situation such as the violation of contracts, or to handle disputes that might arise among business partners or their shareholders. This branch of law is finding more use in the area of 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. They hardly handle any other kinds of work, like 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. 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 attorney who is great at it usually has considerable experience as a trial lawyer. 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. In their normal daily operations, they shall prepare for a case, then argue it in court, and if unsuccessful, file an appeal. You will find some litigation attorneys charging on an hourly basis, and others on a flat rate basis for their legal fees.

On rare occasions, a commercial litigation lawyer will represent defendants or plaintiffs in legal malpractice court cases too. 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. 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.