Businesses – Getting Started & Next Steps

By | October 29, 2017

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. They specialize in the branch of business law which is litigation law. There are highly sought after whenever a case comes up that involves the violation of contracts, or disputes have arisen between business partners, or even with their shareholders. This type of law is also getting more use in an area called collections. In it, you can hire a commercial litigation attorney to begin legal proceedings for attaching assets or bumped up wages, which becomes part of the collection process. They find their use for either plaintiffs or defendants. They hardly handle any other kinds of work, like submission of trademark registrations, or incorporation of businesses.

Many legal issues need the attention of litigation attorneys. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Litigation attorneys rarely do other jobs, not even those that are under business law. They do not do other things under business law. If you go looking for a commercial litigations lawyer in a firm that does not have one; they will refer you to a firm that has.

A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. In normal circumstances, they try and get those disputes settled out of court. 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. 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. 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. There has to be proof that as a result, the petitioner suffered loss. It is not enough for there to be the harm suffered. 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.
With Jeffrey Benjamin as your attorney, you are in good hands.