How many times have you heard the term commercial litigation? Nowadays, this term can be heard more and more all over the news and the Internet. Many don’t know what it is, but it takes a pretty important spot in our lives. So, keep on reading to find out more about commercial litigation. You’ll learn the types, the differences and similarities to civil litigations, and many more. Let’s get started!
Table of Contents
Definition
Commercial litigation is a term best used when we are talking about business relationships. It can include contract breaches or disputes and it can go as far as partnership/corporation disputes, or even shareholder ones.
Whenever the case, a commercial litigator acts as a representative for the interests of the business client. He creates strategies for the dispute, files the paperwork and he is also a mediator when needed.
Types of Commercial Litigation
There are several types of commercial litigation. Most of them include tax feuds, insurance indemnities, break of contracts, construction issues, partnerships/board of directors’ disputes, real estate/land use feuds, environmental interests, class-action suits, privacy/data leaks, union labors/employments issues, securities lawsuits, shareholder issues or trademark/copyright invasions.
It is very important to determine which type of litigation you are facing. This way, it will be easier for you to choose your attorney.
How Are Commercial Lawsuits Similar to Civil Ones?
Normally, when we are talking about civil lawsuits, they usually refer to any type of legal involvement between two individuals that does not require criminal charges. Family law, contract law, and personal injury law are just some examples of civil litigations. But how are they similar to the commercial ones?
One of the similarities is the fact that in both cases one requires an attorney in order to resolve the issue. In most cases, the attorney does the research to gather all the needed information.
The next step would be for the lawyer to determine what laws were breached, followed by the part where he sends letters, arranges settlements, and files suits if necessary. The last step of the attorney’s job would be to attend the pre-trial motions and file the after-trial paperwork if required.
How Is Civil Litigation Different from the Commercial One?
We covered the similarities already, but as it is in any field, there are some differences as well. Most of the time, the businesses that are involved in a commercial lawsuit require the representation of commercial litigation lawyers.
Usually, we differentiate the two types of lawsuits by the fact that the commercial ones involve two or more business entities, as opposed to the civil ones that are related to individuals.
Moreover, commercial litigation involves an industry-specific contract or a binding agreement that requires an experienced attorney. Also, when speaking of commercial litigation, the action might be separated into multiple jurisdictions and can be filed in federal court.
The last difference from civil litigation is the fact that most of the time, the case may require many defendants during the lawsuit.
How to Respond to Commercial Lawsuits?
Unfortunately, there is no easy commercial lawsuit, and they are part of our reality more than we like to admit. Usually, the first and the best thing you can do when faced with this kind of situation is to look for a good commercial attorney. You should do this before the matter becomes too complex or costly.
If you find the right attorney, there is a big possibility that you can end the dispute before it faces court. Therefore, you’ll be dealing with lower costs.
What Is a Commercial Litigator’s Job?
A commercial litigator is a specifically trained attorney that can resolve business- and business-related lawsuits. They have many responsibilities, depending on whether they need to represent an individual or a commercial client.
Try and choose the best fit for you, as they can make a huge difference in the outcome of the case. Do your research, read plenty of reviews, and don’t go with the first choice you have. If you want to win the case, then it’s important to work with an experienced and trustworthy lawyer.
The Bottom Line
Nobody wants to be involved in a lawsuit, no matter its nature. But it is very important to be well informed, reporting your situation to the already existing ones and trying to better understand how the process will unfold.
Moreover, the most important thing you can do, when faced with litigation, is to hire the attorney that best suits you. This way, you maximize your chances of winning and you make sure that you are in good hands.