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 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. 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 do not do other things under business law. 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. 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.
On rare occasions, a commercial litigation lawyer will represent defendants or plaintiffs in legal malpractice court cases too. In such cases, the petitioner has to show the court how the lawyer they has in their case was not good enough in handling their case through their services. The petitioner then has t show clearly how they endured suffering as a result of the lawyer’s actions. 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. These cases are handled by commercial litigation attorneys since in essence, the provision of legal services to a client is considered a business transaction.
You can contact Jeffrey Benjamin whenever you need help in such litigation matters.