In most cases, it is wise to hire a commercial litigation lawyer before a lawsuit is even filed. An experienced business litigator may be able to negotiate a favorable settlement that can avoid the expense and headache of going to court.
The decision to hire a commercial litigation lawyer is not one that should be taken lightly. When do you need one? What are the advantages of hiring a lawyer? How much does it cost? These are all questions that people often ask themselves when considering whether or not they need to hire a commercial litigation attorney.
As a business owner, you know that your business means everything to you. Unfortunately, the success of your business is in jeopardy if someone sues it for something they claim was done wrong or, according to them, not met their expectations.
When do you need a lawyer? When you hire a commercial litigation lawyer to represent your interests, you need not worry about the facts of your case or whether or not they will win at court because that is their job.
When you hire a lawyer, you are not only gaining someone who will try their best to ensure that your company comes out on top of a legal battle, but also an expert who will use their skills and experience to guide you in making business decisions which are beneficial to the company.
Commercial litigation is a form of civil litigation. This is usually a legal dispute of a non-criminal offense between two businesses or an individual and a business. Commercial litigation is generally handled by a specialized commercial litigation attorney known as a commercial litigator.
You may be wondering what does a commercial litigator does? A commercial litigator which is also known as a commercial attorney is hired by both the plaintiff and defendant in a case. Both litigators do the same thing regardless if they are the plaintiff’s attorney or the defendant’s attorney.
There are certain things that a business or business owner should take into consideration if they have a case that needs commercial litigation. When choosing a commercial litigation attorney, it is essential to know if the attorney is experienced and has the skills required for your specific case.
Daniel Tan is a professional blogger and currently working with Finduslawyers.org. Find US Lawyers offers articles, news, and guest post on a wide range of legal topics. At Find US Lawyers directory we provide detailed profiles of lawyers and law firms
The most common types of commercial litigation involve claims citing breach of contract. Whether you are in contract with another business, client, or supplier, a dispute involving breach of contract can be costly if you argue your case wrongly. It would be best if you covered all your bases, hence the reason you should hire a business litigation lawyer to assist you with the case.
Conflicts with intellectual property involve copyrights, trademarks, or patents. If another person or business uses your intellectual property without your consent, you can sue them. When you hire a commercial litigation attorney, they will obtain a court order on your behalf to prevent this person or business from further using your intellectual property. The lawyer will also help you seek any damages that might be owed to you.
A partner or shareholder in your company can initiate a lawsuit against you or your business. The conflict can emanate from allegations of breaches of fiduciary duty or improper management of the company. If you are facing such a situation, you should consult a commercial litigation attorney.
Litigation lawyers may focus on contracts, product liability, and other specialized practice areas, such as the following: Intellectual property, including patents, trademarks, and copyrights. Professional negligence, including medical malpractice and breach of fiduciary duty.
There are two main types of litigators. The circumstances of your case will determine which is the appropriate type of attorney to handle your case. Civil litigation attorneys generally represent individuals in torts, such as personal injury, medical malpractice, and employment-related cases. Commercial litigators typically represent businesses involved in complex legal matters, such as intellectual property claims, antitrust lawsuits, class actions, and disputes over trade secrets. They may also litigate cybersecurity violations, fraud, shareholder disputes, and breach of contract/breach of fiduciary duty claims. It should be fairly simple to determine your situation, and base your initial attorney search on the right type of lawyer for it.
In this step, the attorney will seek information to strengthen their arguments in their client’s case. As the name of this phase implies, discovery compels both sides of the suit to share information with each other, and prevents each from concealing information from one another. This is often the longest phase of the litigation process.
On the defense side, litigators usually charge an hourly fee ranging from $250 on the low end to $500 or more for the most accomplished and experienced professionals, usually with a retainer required up front. Commercial litigation attorneys bill hourly or on a contingency basis, with hourly rates averaging $250 to $500 per hour, or a contingency percentage of about 33%. Clients are also responsible for paying expert witness fees and filing fees, among other associated costs.
Generally, for both the plaintiff and the defendant, the lawsuit process involves these steps: 1. Pleadings. This is the first step, and involves submitting a complaint that explains the jurisdiction, the plaintiff’s claims, and the damages being sought. The complaint will ask for a jury if the plaintiff is seeking a jury trial. 2.
It’s important to understand that most lawsuits take a minimum of one full year. It’s equally important to understand that, due to attorney caseloads, court date availability and other factors, activity on most lawsuits is periodic, rather than constant, with stages of intense activity and long lapses in activity in between. Generally, for both the plaintiff and the defendant, the lawsuit process involves these steps:
Litigators handle every type of dispute imaginable, especially those involving businesses, shareholders, and employees. Litigation lawyers may focus on contracts, product liability, and other specialized practice areas, such as the following: 1 Intellectual property, including patents, trademarks, and copyrights 2 Professional negligence, including medical malpractice and breach of fiduciary duty 3 Liability, such as manufacturing defects and breach of warranty claims 4 Discrimination, employment disputes, and non-compete violations 5 Environmental law and pollution claims 6 Defamation, libel, and slander cases