The Need for 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 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 shall represent either defendants or plaintiffs. Rarely do they perform other transactional duties, such as 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 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 attorney who is great at it usually has considerable experience as a trial lawyer. It is their usual intention to have such disagreements handled outside a court of law. 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.
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 the petitioner to display their suffering. 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.
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