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October 29, 2017

Functions of 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. There are highly sought after whenever a case comes up that involves the violation of contracts, or disputes have arisen between business partners, or even with their shareholders. This branch of law is finding more use in the area of 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. They hardly handle any other kinds of work, like submission of trademark registrations, or incorporation 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 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 has been practicing for a great while will have amassed considerable experience being a trial lawyer. Normally, they work towards getting those matters settled before they reach the courts. 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. A commercial attorney normally prepares for a case, then argues it in court, and if necessary, files 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. 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. It is not enough for the petitioner to display their suffering. They have to show that had the lawyer done their job, none of it would have happened. 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.
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