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. They specialize in the branch of business law which is litigation 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 type of law is also getting more use in an area called collections. Through them, you shall be able to start legal proceedings, in which they become part of the collection process when assets or bumped up wages are attached. 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. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Lawyers specializing in this type of law normally handle such types of cases exclusively, even if they fall under the scope of business law. They will not do anything for other business law branches. 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 has been practicing for a great while will have amassed considerable experience being a trial lawyer. Normally, they work towards getting those matters settled before they reach the courts. If they do not manage to do so before they have to go to trial, their level of experience in court will determine how successful they shall be the case. 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.
Sometimes, these lawyers will take legal malpractice cases for either a defendant or a plaintiff. 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. The petitioner then has t show clearly how they endured suffering as a result of the lawyer’s actions. Showing the presence and extent of the harm is not enough. They have to go further and show that has it not been for their lawyer, they would have succeeded in that case. 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.