Commercial litigation is an area of civil law where one or more parties to the lawsuit is a for-profit, or commercial, enterprise. The need for companies to bring lawsuits against others, as well as defend against them, is one area of law that continues to grow.
It’s difficult to determine the total number of civil lawsuits that are filed each year. The U. S. Government reported that in August 2017 alone there were more than 23,000 civil filings in Federal courts. At that rate, over a quarter of a million cases would be filed annually.
Most Companies Are at Risk
Almost every business activity leaves a company open to a potential dispute and eventual lawsuit. Disputes can arise between companies and their vendors, suppliers, staff, and even their customers. Disagreements can occur between one or more owners or shareholders.
It is even possible for companies to be sued by the U.S. Government, or some other local, regional or state governing body. Companies can also file suit against those authorities when they feel that its laws and various regulations interfere with the best interests of the company and its right to operate.
Ligitious Corporate Environment
Companies increasingly view legal disputes and lawsuits as simply part of the ongoing cost of doing business. This is especially true for commercial entities involved in dangerous industries and under-regulated markets.
Commercial litigation cases are typically much more intricate and involved than filings that arise in other areas of civil law. Companies that are bringing or defending a lawsuit can benefit by seeking out the talent and experience of a nationally ranked litigator like Benedict Morelli, to handle the case.
It Starts Before the Courtroom
Regardless of industry, there is a high probability that at some point during their operations, nearly all businesses will need to either bring or defend one or more commercial lawsuits. The ultimate success or failure of a business often hinges upon the outcome of these legal questions and suits, so it’s critical to have adept legal representation during every stage of your company’s business cycle.
For this reason alone, it is wise to bring in a top lawyer with extensive experience in commercial law. In this way, businesses can be assured that they are getting knowledgeable, competent legal advice from an attorney that will take proactive steps to minimize the chance of a disagreement or dispute from developing. The best way to win a lawsuit is to prevent it from ever happening.
Risk Management and Contract Creation
For example, a capable attorney can review a company’s operations and make owners aware of areas of potential liability and strategies to take to minimize risk. A highly-skilled attorney also has the expertise necessary to help owners create effective contracts that thoroughly address potential questions and difficulties. A proper contract will eliminate, or at least minimize, the chance that a dispute will arise due to a misunderstanding of the terms.
Attorneys as Advocates and Mediators
When disagreements do develop, it is typically more cost-effective to settle many commercial disputes before they reach the courtroom. Having a skilled commercial litigator on the team gives companies access to creative problem solving that is often the key to resolving conflicts before they go to trial.
Lawsuits Will Happen
Sometimes, despite the best efforts of business owners and their legal team, it’s impossible to avoid the need for a lawsuit and court proceeding. Irrespective of the protective steps anyone takes, accidents happen, theft and misuse occur, business regulations are convoluted and sometimes contradict themselves. In fact, sometimes just understanding all the jargon can be a challenge.
When a lawsuit and trial are unavoidable it’s critical that owners secure top-quality legal representation from an intelligent, resourceful and qualified attorney that is prepared at all times to go to trial. Lawyers typically work closely with their clients whenever there is a dispute, and the earlier in the process they are brought in, the more effective they will be.
Due to their expertise, an attorney that is recognized as one of the most accomplished in their field is best positioned to determine if a company has grounds to file a lawsuit, or if the business is in a good position, given the particulars of the case, to be able to defend themselves at trial.
Controlling Cost an Important, but Often Overlooked, Consideration
One important aspect that is often overlooked is the cost to bring or defend a lawsuit. Operating from a cost-effective position affects everything about a civil case, from where, when and how evidence is gathered and preserved, to filing and answering motions, seeking damages and other compensation, and evaluating any potential settlement compensation.
An informed attorney has the necessary legal know-how and business savvy to determine how to proceed in the most efficient manner so that the business doesn’t end up winning a legal battle only to lose more money in the long-run.