A business litigation attorney is a legal expert that uses their education and experience to handle large and little legal difficulties (often lawsuits) that any legal entity or business may face daily.
Attorneys that specialize in business litigation handle disputes that come from a variety of sources. Litigation follows the same method regardless of the proximate reason (direct cause) of the case. During the litigation process, opposing parties present motions, witnesses, evidence, and statements. It should be remembered, however, that the plaintiff in a criminal action is the government, not a private individual.
It is essential to emphasize that not every lawsuit is solved within the honored walls of a courtroom, many are settled during the pretrial process.
Before we go into why your company needs a litigation lawyer, let’s define commercial litigation.
Every sort of company legal dispute is covered by commercial litigation. This comprises:
- Commercial torts
- Shareholder disagreements
- Violation of contract
- Intellectual property controversies
- Group actions
- Disputes in partnerships or joint ventures
- RICO civil claims
- Charges of breach of fiduciary duty
Business-to-business litigation can take place in state court, federal court, administrative proceedings, and/or private arbitration due to its complexity. Furthermore, unlike civil litigation, depending on the nature of the dispute and the variables involved, sides can sometimes have both claims and defenses.
Who do Business Litigation Lawyers Work for?
A commercial litigation lawyer may work for a larger legal firm or as in-house counsel for large enterprises. Many skilled business litigation attorneys, on the other hand, work as self-employed consultants. This is because, luckily, most businesses are not involved in legal action frequently enough to justify the salary of an in-house, full-time business litigation lawyer. On-staff corporate litigation lawyers are frequent in certain businesses, such as the giant insurance industry.
Business Litigation Professional Responsibilities
Corporate litigators can handle the following for you:
- Contractual disputes or contract interpretation disputes
- Conflicts that arise as a result of a contract breach
- Business collaborations and activities
- Disputes that may arise from shareholder concerns about managerial direction and control, especially for public organizations
- Disgruntled employees who feel they were fired unlawfully, among other things, might cause disputes.
A corporate lawyer may choose to specialize even more and focus on matters involving:
- Internal Revenue Service (IRS) issues and business tax liabilities
- Legal issues involving product liability class actions.
- Patent or intellectual property law
Business litigation lawyers may encounter contentious situations during negotiations (or in the ordinary course of business), and they must be able to manage tensions and work calmly through what can be demanding, challenging, and unpleasant situations.
Business litigators are courtroom veterans who possess the legal assurance and communication skills necessary for effective courtroom representation. Many corporate litigators, on the other hand, have honed their writing talents to resolve legal disputes before they ever reach a courtroom.
Business litigators, fortunately, are skilled and convincing writers. These skills and competencies are frequently the driving force behind a cost-effective resolution of a commercial litigation case. Furthermore, avoiding a courtroom reduces the emotional strain and stress that those involved in a case must through.
The following are the responsibilities of business litigators:
- Researching documents, facts, and the situation to develop a large picture of the problem to find cause and blame.
- Identify which experts, if any, are required throughout the litigation.
- Identifying case law and precedent that supports or refutes the claim.
- Creating legal briefs for court filing the following:
- Describe the events in detail
- Provide evidence to back up your legal argument
- Determine your entitlement to recovery and restoration
Breach of Contract
If a firm is faced with a circumstance that necessitates suing for breach of contract, the business litigator would be the one to file the case. A contract breach occurs when one of the parties to a legally binding agreement fails to fulfill the contractual obligations.
The business litigator drafts a written brief outlining the contract’s facts and conditions, as well as citing the precise areas where the defendant is alleged to have broken them. This documentation would include quoted case law in support of the recovery claim.
Following the filing of the motion by the business litigation attorney, the following actions must be taken.
- The discovery process is the process of gathering information and sharing it with opposing lawyers.
- Additional pretrial motions are formal requests to the court about a case concern. A formal request for case dismissal or asking opposing counsel to divulge information are two examples.
As previously stated, many issues in business litigation are resolved at the pretrial stage, before the case is presented to a judge or jury. During this negotiation, a business litigation specialist will provide counsel to help their client (the business) reach a fair and equitable settlement.
If the pretrial does not result in a settlement, a business litigator will be assigned to represent their client in a court of law on the topic at hand.
Litigations Officer in Denver, Raleigh and Los Angeles
Using the services of a commercial lawyer for your business is critical to ensuring that your activities are legally sound.
Consider CYLGPC for commercial business litigation services. We have headquarters in Denver, Raleigh and Los Angeles. If you’d like to learn more about how we may help you and your company, call us today!