Commercial litigation law involves the rules and practices used in solving any disagreement in the business sector. Some of the cases settled in commercial litigation law include breach of contracts, shareholders issues, business torts, breach of the fiduciary duties, infringement of patents, class actions, and partnerships, and joint venture cases. The cases of business litigations are on the increase for the last one-decade following the growth in the business industry in Canada. Therefore, companies should consider hiring a litigation lawyer to provide the legal counsel in business. Hiring a permanent lawyer also helps in avoiding the huge costs that come with getting an occasional one.
Role of a Commercial Litigation Attorney
A commercial litigation lawyer is different from a transactional lawyer. A litigation lawyer presents the clients in a court of law and maximizes on their chances of getting a favorable decision from the court. The transactional lawyer, on the other hand, advises the clients on their duties and obligations while dealing with anyone in business. Therefore, it is ideal to get clarification on the area of practice of the lawyer you intend to hire. The commercial litigation lawyer also guides their client on the best approach to solving disputes.
When a commercial litigation dispute arises, the client visits the solicitor to evaluate the claim who then advises on the next legal action possible. If the case qualifies as a common legal dispute, the parties involved will solve the matter out of the court. If they do not get to an agreement, one of the parties, or both of them retain a lawyer. The attorney serves the demand letter to the other party after thorough investigations. The letter consists of what the party should avoid any legal action. Most of the litigants opt to settle the case at this stage before it moves to the next level.
Filing a Lawsuit
If the parties fail to agree during their negotiations, then one of the parties involved should file a lawsuit. Commercial litigation is quite complicated and tedious therefore getting a litigation lawyer may be necessary in these cases. After filing the lawsuit, the commercial litigation lawyers representing the two parties exchange the documents and information through a process known as “discovery”. Discovery also involves formal interviewing of witnesses.
After the discovery, the defendant files a motion arguing that the plaintiff contentions are correct, but the law doesn’t recognize the defendant actions or inactions, therefore, he /she is not responsible. If the defendant loses, the case proceeds to trial where the judge or jury hears the merits of the case. This stage involves witnesses’ testimonies and production of exhibits by the attorneys. The court proceeding may proceed for several weeks before the jury gives the final decision. The Elliot S. Birnboim website has more online resources and references available.