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. These are lawyers whose area of specialization is litigation law, a branch of business 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. You will find them in the middle of many cases, such as contractual agreements, and even 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. If you do not get a commercial litigation attorney at a particular law firm, expect them to give you excellent referrals of one.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. In normal circumstances, they try and get those disputes settled out of court. 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. You will find some litigation attorneys charging on an hourly basis, and others on a flat rate basis for their legal fees.
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. 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 had the lawyer done their job, none of it would have happened. 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.