Functions of Commercial Litigation Attorneys
Whenever disputes arise in your business affairs, or between you and your associates, you will need the legal representation of a commercial litigation attorney. They specialize in the branch of business law which is litigation 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 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. 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. Lawyers who have chosen the path of commercial litigation law will only practice this branch, and no other, even if it is in business law. They do not do other things under business law. 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 attorney who is great at it usually has considerable experience as a trial lawyer. In normal circumstances, they try and get those disputes settled out of court. 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. 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. In such cases, the petitioner has to show the court how the lawyer they has in their case was not good enough in handling their case through their services. They have to show that as a result of such negligence, they suffered harm. Showing the presence and extent of the harm is not enough. 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.