The Role Of A Commercial Litigation Attorney In Resolving Business Disputes

A commercial litigation attorney is an important asset for any business owner, particularly when addressing potential disputes before they escalate. Many small and medium-sized businesses may lack the resources to manage costly litigation or settlement payouts. In some cases, large-scale contract disputes could even threaten the survival of a business not prepared to handle them.

Having a commercial litigation attorney on your team can help prevent business disputes from arising and, if necessary, ensure that any litigation has a minimal impact on your business.

Below are some key roles a commercial litigation attorney can fulfill for your business.

Drafting Business Contracts

One of the most important services a commercial litigation attorney provides is drafting clear, well-structured business contracts. Vague contract terms can leave your business vulnerable to litigation that could have been avoided with properly drafted contracts. While many business owners assume their contracts are adequate, this is only confirmed when they are tested in a legal setting.

A commercial litigation attorney can help draft those initial business contracts in a way that can help clarify expectations and protect your business. This may start by reviewing your existing business contracts or creating one from scratch to ensure they are legally sound and protect your business in the event of a dispute.

Reviewing Business Contracts

Before entering into agreements with vendors, suppliers, or other partners, a commercial litigation attorney can review the contract terms to ensure they align with your business’s interests. Identifying potential issues before signing the contract can prevent your business from entering into unfavorable agreements. Your attorney can give you guidance on how to negotiate or modify contracts to protect your business.

Contract Negotiation

Whether your company is issuing the contract or needs to sign one, a commercial litigation attorney can help to negotiate the terms of the contract that reflect your business’s needs. Do not sign a contract and agree to terms that your company cannot meet or that would have some other negative repercussions. A skilled attorney can often secure positive outcomes through negotiations.

Arbitration

Many business contracts stipulate arbitration as the preferred method for resolving disputes. Arbitration can often be more cost-effective than litigation, avoiding costly court fees and other legal expenses. Your commercial litigation attorney can represent your company in the case of arbitration, working to resolve the dispute efficiently. However, if arbitration fails, it is advantageous to have had your attorney involved from the beginning.

Mediation

Similar to arbitration, mediation is the process of alternative dispute resolution. A mediator listens to both sides of the argument and attempts to help them reach a settlement without going to court. Mediation is often the least expensive way of resolving a business dispute. Having a commercial litigation attorney on your side throughout the mediation process ensures your business’s interests are protected, offering valuable insights on concessions and strategies for resolution.

Commercial Litigation Disputes

Unfortunately, some business disputes do require litigation. For the best chance of a favorable outcome, it is essential to work with an attorney who is knowledgeable in commercial litigation and has a good track record. Establishing a relationship with a commercial litigation attorney early on ensures you have reliable representation if disputes escalate to court.

Compliance Issues

A commercial litigation attorney can assist with any contract compliance issues, whether a supplier is not fulfilling their obligations or a partner claims your business is non-compliant. Your attorney can assess the situation and offer solutions to resolve compliance issues before they escalate into full legal disputes.

Breaches of Non-Compete Agreements

If a former employee or independent contractor breaches a non-compete agreement and it negatively affects your business, a commercial litigation attorney can act quickly to mitigate the damage. Your attorney can also draft non-compete agreements for you in the future to ensure they are enforceable.

Intellectual Property Theft

Protecting your intellectual property is essential to maintaining your business’s competitive edge. If your intellectual property is stolen, a commercial litigation attorney can take action to recover damages and prevent further unauthorized use.