The Need for Commercial Litigation Attorneys
Any time you have disagreements between you and your business partners, or in the course of your business, you need 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. 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 shall work for either plaintiffs or defendants. Rarely do they perform other transactional duties, such as submission of trademark registrations, or incorporation of businesses.
They find a lot of work on some legal issues. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Lawyers specializing in this type of law normally handle such types of cases exclusively, even if they fall under the scope of business law. They will not do anything for other business law branches. 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 is not possible, they will rely on their experience as trial lawyers to argue and win the case, along with the evidence presented. They shall proceed by preparing for the case, then go to court and argue their side, and if they are not successful, they shall 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.
Sometimes, these lawyers will take legal malpractice cases for either a defendant or a plaintiff. In such cases, it is the task of the petitioner to prove to the court that their previous lawyer in their case was not diligent enough in their duties and services. They have to show that as a result of such negligence, they suffered harm. It is not enough for the petitioner to display their suffering. They have to show that if the lawyer had been keen in their work, they would have prevented it. Cases that concern legal malpractice are under the category of commercial litigation, as the lawyer being put on trial has provided legal services to the petitioner, which qualifies as a business.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.