How Commercial Litigation Attorneys Work
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 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. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations of businesses.
They find a lot of work on some 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 will not do anything for other business law branches. If you do not get a commercial litigation attorney at a particular law firm, expect them to give you excellent referrals of one.
A commercial litigation attorney who is great at it usually has considerable experience as a trial lawyer. In normal circumstances, they try and get those disputes settled out of court. If this does not happen, then they will combine their considerable experience arguing in court with the present proof to try and win the case there. 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.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. 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. 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 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.