How Commercial Litigation Attorneys Work
Any time you have disagreements between you and your business partners, or in the course of your business, you need to seek the services of a commercial litigation attorney. These are lawyers whose area of specialization is litigation law, a branch of business law. There are highly sought after whenever a case comes up that involves the violation of contracts, or disputes have arisen between business partners, or even with their shareholders. This type of law is also getting more use in an area called 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. They hardly handle any other kinds of work, like submission of trademark registrations, or incorporation of businesses.
They find a lot of work on some 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. Litigation attorneys rarely do other jobs, not even those that are under business law. They do not do other things under business law. If you go looking for a commercial litigations lawyer in a firm that does not have one; they will refer you to a firm that has.
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. A commercial attorney normally prepares for a case, then argues it in court, and if necessary, files 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. 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.