Whenever disputes arise in your business affairs, or between you and your associates, you will need the legal representation of a commercial litigation attorney. These are lawyers who are skilled in commercial litigation law, which is part 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 branch of law is finding more use in the area of 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. Litigation attorneys rarely do other jobs, not even those that are under business law. They will not do anything for other business law branches. 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 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. You will find some litigation attorneys charging on an hourly basis, and others on a flat rate basis for their legal fees.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. 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. Showing the presence and extent of the harm is not enough. They have to go further and show that has it not been for their lawyer, they would have succeeded in that case. 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.