Functions of Commercial Litigation Attorneys
Any time you have disagreements between you and your business partners, or in the course of your business, you need to seek the services of a commercial litigation attorney. They specialize in the branch of business law which is litigation 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 represent either defendants or plaintiffs. Rarely do they perform other transactional duties, such as submission of trademark registrations, or incorporation of businesses.
They find a lot of work on some legal issues. Their clients normally have many issues that need their input, or disagreements that cover contractual agreements, all the way to 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 lawyer who has been practicing for a great while will have amassed considerable experience being 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. Some attorneys charge large fees on an hourly basis, or a flat fee for their services, depending on the kind of case in question.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. 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. 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 go further and show that has it not been for their lawyer, they would have succeeded in that case. 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.