How to Find a Good Commercial Litigation Attorney

The main duty of a litigation lawyer is to either defend or represent his client in court. When the client is the claimant, it means that he is trying to recover money in a civil lawsuit. Most of these cases involve individuals who are suing for small amounts. These suits are generally settled in small claims court. Cases that involve businesses, on the other hand, are more complicated and often involve much larger sums of money and legal teams. An attorney that deals in business disputes is called a commercial litigator.

Also known as business law, commercial law is an enormous field that covers everything from breaches of contract to employment disputes to class action suits. A commercial litigation attorney also deals with shareholder and franchise issues and debt collection.


Who needs them?

Most businesses benefit from incorporation. There are numerous tax breaks and other advantages that every newly incorporated company can enjoy. But to make sure that everything is done correctly, it is always a good idea to contact a commercial litigation attorney. Remember, the laws that govern incorporation differ from state to state. In order to realize the benefits, you must comply with the letter of the law.

A commercial litigation lawyer can also help with contract law. Since all businesses are based on contracts, they cover an extremely wide range of issues and matters. Contracts are needed to delineate agreements between two or more parties. They help them facilitate an effective working relationship by defining terms, conditions, and roles, which inevitably helps them avoid disputes. An experienced commercial litigation lawyer can help you create a rock-solid contract that cannot be challenged in court.

Most business owners contact a commercial litigation lawyer on one of three occasions: when they need to draw up a contract; when they are being sued by an individual or another business; or when they want to incorporate.

What you need to know

There are loads of law firms that specialize in commercial litigation, since it is a highly-profitable field. But there is a definite pecking order. A large law firm generally will not give as much attention to a client that has a small or unprofitable case. They will represent their clients in court, of course, but if the dollar signs are not there, they may not put their best litigators on the case.

It is for this reason that claimants should shop around a bit before they select a legal representative. There is absolutely nothing wrong with larger law firms, per se. But many business owners find that small legal practices suit them better when they are not asking for seven-figure settlements.

Last but not least, you want an attorney that won't waste your time. Because most of them get paid by the hour, many litigators schedule unnecessary meeting just to run the proverbial meter and increase their cut of the final settlement. If your lawyer engages in this unscrupulous behavior, sack him and find one that actually cares about your case and can handle it for a fair and reasonable price.

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