Business litigation lawyers are attorneys who handle business-related issues on behalf of governments and organizations. They play a major role in helping you pursue a business or a person that has harmed your business. Their services save you from potential monetary damages.
If you are not sure whether you need to hire a commercial litigation lawyer, read on to learn issues he can help you with.
Responsibilities of a Business Litigation Lawyers
Commercial litigation lawyers are responsible for handling disputes between one business and another or a business and an individual.
For this reason, they require a significant amount of formal education and get a license by passing the bar exam. These lawyers then apply this knowledge to analyze the weight of your case, hence minimizing any possible financial risks.
Some of their responsibilities include:
Solving Disputes within an Organization
Disputes between shareholders, partners or company members are normal and if not appropriately solved, they can result in the breaking of a company.
A litigation lawyer will solve this crisis by advising splitting the business between the feuding parties. He can also help in requesting one of the disputing persons to leave the company.
Solving Disputes Between Businesses
Just like individuals, two businesses can be faced with a dispute which can harm the reputation of both businesses. Some of the common business disputes include:
- Disagreement on terms of a partnership
- Vendor-customer disputes
- Joint-venture disputes
If you are faced with any of these issue types of business to business disputes, a commercial litigation lawyer is the right person to seek help from.
Common Claims that Lead to Disputes Within a Business
Not all crises that require a business to seek litigation help. However, there are some that cannot be solved any other way and these include:
- Violation of a business contract between a business and an individual or between businesses
- Violation of fiducial duties by a member, a shareholder or a partner to the business
- Violation of warranties
- Hitching of prospective customers
- Funds and assets embezzlement
- Trademark and copyright violation
- Disputes with vendors
- Disputes involving franchise
- Disputes on joint ventures
- Partners, member, and shareholder disputes
The Litigation Process
There are two parties involved in a business litigation process:
- Plaintiff– The person or business that takes another to court
- Defendant– Business or person whom the lawsuit is against
The court where the lawsuit is heard highly depends on the nature of the lawsuit and the place where the violation occurred. There are also special business lawsuits that are taken to special courts such as tax court, small claims court, and bankruptcy courts.
Generally, the litigation steps are as follows:
- Hiring an Attorney– Both the plaintiff and the defendant need to hire a business litigation lawyer to represent them in court. You have the freedom to skip hiring an attorney and instead represent yourself in what is called “pro se”. However, this is not a wise decision and you need to be careful before making it.
- Filing of the Complaint- The plaintiff goes to court to file a complaint. The court files a summons which notifies the defendant that a lawsuit has been filed against him and indicates the deadline for giving a response. The date for the beginning of the lawsuit is set.
- Discovery– The involved parties gather information about the case. This includes taking case related depositions and records.
- Filing of motions– The parties involved file motions with the court requesting for some procedures and other information. This may include a change of venue or requesting a jury or a judge hearing.
- Court hearing– On the appointed date, either the judge or the jury listens to both sides and makes a decision. In case one of the parties is dissatisfied with the verdict, he is free to request for appeal.
Why You Should Hire a Commercial Litigation Lawyer
Commercial litigation takes 30% of all hiring in legal hiring. The numbers indicate that hiring a litigator is better than representing yourself. Below are reasons why businesses litigation lawyers are important.
- He helps in protecting the interests of your business. He devotes his time to provide you with timely counsel on any issue you have
- He is dedicated on any business issue you have, hence, living you enough time to focus on other matters
- Offer expert advice on whether your situation is better solved through litigation. He should give you alternatives for litigation
Qualities to Look for When Hiring a Business Litigation Attorney
Now that you understand what a litigation attorney does and his benefits, does your Florida business need litigation help? Here is what to look for when hiring a business litigation lawyer in Florida.
- Reputation– To be sure, you need to ask around about the cases that particular lawyer has handled in the past and how many of them he has won. If possible, talk to his previous clients to learn how satisfied they were with his service delivery.
- Hire a lawyer who specializes in your area of interest– Hire an attorney who specializes in business and understands all the details. Such a lawyer is more competent and increases the chances of winning the case.
- Experienced– Ask how many years the lawyer has been operating or how many cases he has helped in litigating. Of course, there are lawyers who have been in the field for a long time but have not had the chance to solve many cases. There are others who graduated recently but got hired inactive firms. Such lawyers have accumulated a lot of experience in their short period of service.
- Should match your budget- You should hire a commercial attorney that matches your budget. The lawyer should also deliver quality services that match the money you are paying him.
What Makes Us Standout?
The best business litigation lawyers focus on creating a long-term relationship with clients. This helps him understand your business in depth. Our firm focuses on creating a long term relationship with you.
Our relationship with your business helps you in cutting unnecessary cost. If you want to work with a law firm that offers you full support on any legal issue you have or may arise, feel free to contact us.