How Commercial Litigation Attorneys Work
Whenever disputes arise in your business affairs, or between you and your associates, you will need the legal representation of a commercial litigation attorney. These are lawyers who are skilled in commercial litigation law, which is part of business law. They are normally asked for whenever there is need for someone to take care of a situation in which a contract has been violated, or a dispute has started between business partners, or the business owners and their shareholders. This type of law is also getting more use in an area called 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. 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 usually have issues that need resolving, or disputes that range from contractual agreements 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. In case someone approached a law firm which did not have a commercial law specialist within its ranks, would usually direct the client to another firm with the suitable professionals present.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. Normally, they work towards getting those matters settled before they reach the courts. 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. They shall proceed by preparing for the case, then go to court and argue their side, and if they are not successful, they shall 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. They have to show that as a result of such negligence, they suffered harm. 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. Such cases fall under the jurisdiction of commercial litigation since the failure of the lawyer is a breach of a business contract.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.