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. They specialize in the branch of business law which is litigation 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 branch of law is finding more use in the area of 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 find their use for either plaintiffs or defendants. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations 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 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 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. Some attorneys charge large fees on an hourly basis, or a flat fee for their services, depending on the kind of case in question.
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. There has to be proof that as a result, the petitioner suffered loss. Showing the presence and extent of the harm is not enough. They have to show that had the lawyer done their job, none of it would have happened. These cases are handled by commercial litigation attorneys since in essence, the provision of legal services to a client is considered a business transaction.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.