Functions of Commercial Litigation Attorneys
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 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 law is also applicable in collections. In it, you can hire a commercial litigation attorney to begin legal proceedings for attaching assets or bumped up wages, which becomes 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.
Many legal issues need the attention of litigation attorneys. 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 are not concerned with business law variations. 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. 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.
On rare occasions, a commercial litigation lawyer will represent defendants or plaintiffs in legal malpractice court cases too. In such cases, it is the task of the petitioner to prove to the court that their previous lawyer in their case was not diligent enough in their duties and services. There has to be proof that as a result, the petitioner suffered loss. It is not enough for the petitioner to display their suffering. They have to show that had the lawyer done their job, none of it would have happened. These cases are handled by commercial litigation attorneys since in essence, the provision of legal services to a client is considered a business transaction.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.