The Need for Commercial Litigation Attorneys
Whenever disputes arise in your business affairs, or between you and your associates, you will need the legal representation 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 law is also applicable in 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.
Litigation attorney attend to a lot of 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. In normal circumstances, they try and get those disputes settled out of court. 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. 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. 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. They have to show that as a result of such negligence, they suffered harm. Showing the presence and extent of the harm is not enough. They have to show that if the lawyer had been keen in their work, they would have prevented it. 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.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.
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