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. They specialize in the branch of business law which is litigation 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 find their use for either plaintiffs or defendants. Rarely do they perform other transactional duties, such as 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. 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 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 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. There are variations in how they charge for their services, either on an hourly basis, or on a flat rate basis.
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 there to be the harm suffered. They have to show that had the lawyer done their job, none of it would have happened. These cases are handled by commercial litigation attorneys since in essence, the provision of legal services to a client is considered a business transaction.
With Jeffrey Benjamin as your attorney, you are in good hands.