Functions of Commercial Litigation Attorneys
When you realize you are in a major disagreement with your business partners, or such disagreements arise in your usual business dealings, it is wise 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.
Litigation attorney attend to a lot of legal issues. Their clients usually have issues that need resolving, or disputes that range from contractual agreements to 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. If you go looking for a commercial litigations lawyer in a firm that does not have one; they will refer you to a firm that has.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. Normally, they work towards getting those matters settled before they reach the courts. If they do not manage to do so before they have to go to trial, their level of experience in court will determine how successful they shall be the case. 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. 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. 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 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.
With Jeffrey Benjamin as your attorney, you are in good hands.