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The Need for Commercial Litigation Attorneys
When you realize you are in a major disagreement with your business partners, or such disagreements arise in your usual business dealings, it is wise 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. For this, you will need a litigation attorney to start legal proceedings of attaching assets or bumped up wages, which will be part of the collection process. They shall work for either plaintiffs or defendants. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations 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. 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 are not concerned with business law variations. If you go looking for a commercial litigations lawyer in a firm that does not have one; they will refer you to a firm that has.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. It is their usual intention to have such disagreements handled outside a court of law. If this does not happen, then they will combine their considerable experience arguing in court with the present proof to try and win the case there. In their normal daily operations, they shall prepare for a case, then argue it in court, and if unsuccessful, file an appeal. There are variations in how they charge for their services, either on an hourly basis, or on a flat rate basis.
On rare occasions, a commercial litigation lawyer will represent defendants or plaintiffs in legal malpractice court cases too. 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 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.