When To Seek Legal Counsel For Commercial Litigation

As a business owner, encountering commercial litigation is something you’d ideally avoid. Commercial litigation arises when disputes occur over matters such as insurance claims, breached contracts, or other business-related conflicts. These disputes can also involve leases, real estate transactions, debt issues, or property disagreements. Understanding commercial litigation is crucial to minimize the risk of escalating matters to court.

Despite best efforts, business disputes can happen. Shareholder disagreements, failed negotiations, or unresolved conflicts may leave litigation as the only viable option. In these situations, consulting a commercial litigation attorney is essential. An experienced attorney will guide you through the legal process and advocate for your business interests, safeguarding its future.

Explore further to understand the value a commercial litigation attorney can bring and how they can support you when the need arises.

Types Of Commercial Litigation

There is a wide range of business disputes encompassed under commercial litigation – here are some of the most common:

Antitrust Litigation

This type of litigation involves a business practice that violates laws of competition and can be both civil or criminal.

Breach Of Contract

One of the most common types of commercial litigation occurs when one business party fails to fulfill its part of a legally binding agreement. This covers a wide range of circumstances, but some examples are not paying for services rendered or not delivering agreed-upon goods.

Intellectual Property Litigation

This type of commercial litigation involves disagreement over intellectual property: that is, an idea that has been copyrighted, patented, or trademarked. This can encompass songs, inventions, and more. The technical nature of such a case requires the expertise of lawyers who specialize in this focus of law.

Securities Litigation

Incidents of insider trading, market manipulation, or fraud fall under a type of litigation called “securities litigation.” A qualified attorney can gather the right type of evidence, preserve relevant information that is electronically stored, and retain the right kind of experts.

Most security litigation cases are resolved outside of court, but it’s always a good idea to have a competent litigator on your side. This will help you avoid a settlement that is not in the best interest of your business.

Understanding The Commercial Litigation Process

There are several stages of litigation to expect, which your attorney will explain to you, generally, cases tend to go like this:

Investigation

With any litigation case, there is an investigation stage where both parties gather documentation to support their claims. An investigation determines whether the case has enough merit to be pursued further.

Filing

After the investigation is completed, a complaint is filed with the court by the plaintiff. This complaint details the allegations as well as the relief they seek. The defendant will have the opportunity to admit or deny the claims.

Discovery

This stage involves the exchange of evidence and other relevant information: emails, supporting documents, and perhaps witness testimonies. This part is usually the most time-consuming part of the process.

Trial

If the case is not settled during the discovery process, then the next step is going to trial. Both parties then present their evidence and arguments before a jury or a judge, who will then determine the outcome.

Settlement

A settlement, or mutually agreed-upon solution, can be made at any point in the litigation process. Settlements are common because they save time and legal costs. It’s not uncommon for them to be made before the case goes to trial.

Reasons To Hire A Commercial Litigation Lawyer

Your business is your livelihood, and hiring a commercial litigation lawyer can help protect it in the following ways:

Take Care Of The Situation The Right Way

Not having a reputable legal counsel can prolong a stressful situation or cause it to escalate and end up in court when it could be resolved privately. Don’t risk your business by not hiring the right counsel from the beginning. The sooner you reach out for help, the sooner the issue can be resolved.

Your Time Is Valuable

As the saying goes, time is money. An attorney can help the litigation process go as smoothly as possible, so it can be resolved as quickly as possible.

It Helps To Be Prepared

Most commercial litigation cases are settled outside of court, but you never know what can happen. Only one party must be unresolved for litigation to be pursued. A specialized attorney who is involved from the beginning of the dispute can both prepare you and prevent the situation from escalating. It is in the best interest of your business to be prepared with the appropriate counsel.

Keep Your Focus On Your Business

Even if a dispute is going on, you still have a business to run in the meantime. Your focus should be devoted to that. Let your attorney handle the legal side of things: it’s what they do.