It is common knowledge that our life has certain ups and downs. The same is true with any pursuit or endeavour in running a business or a commercial establishment. When compared to the weather, there will be good times as well as bad times. Both time and opportunity may not always be on your side; thus, as a mature businessman, you should always prepare for the worst.
Business does not tackle only with financial struggles or losses. There are multiple legal battles that you have to face, and that involves your relationship with your employees and clients. Moreover, you might be astonished by the fact that terms and conditions in a contract could also bring you to court. Moving further, the very business that you own and manage could be a culprit in bringing you other complaints and lawsuits regarding your product and services offered in the market.
How important is a litigation attorney?
To represent a prestigious company in a court of law is never an easy task. The challenge could be frightening more than overwhelming on the part of a young lawyer. Though there are mock debates and cases as part of a lawyer’s training while in law school, it’s totally a different thing when facing a real court proceeding.
The number speaks for itself. Statistically speaking, there are thousands, if not millions of commercial lawsuits all over the globe. And to think that studying law would involve a lot of branches, there is a strong probability that only a few could make it into becoming commercial litigation lawyers.
Where can a commercial litigation attorney represent?
There are a lot of instances where a commercial litigation attorney could represent an individual, a certain group, an organisation or a company. He or she can act as a legal counsel in:
- Confidential arbitration between or among private individuals – There are instances where a complaint or a near lawsuit could be settled privately without the need to file a case in court between two conflicting parties. With the presence of their lawyers as mediators or arbitrators, the gathering is a venue where special arrangements or agreements are drafted and later signed by each of the persons.
- Public arbitration in government courts – depending on the gravity of the offence or complaint, an amicable settlement between aggrieved parties or individuals is still possible with the litigation lawyer’s skill and prowess in presenting the pros and cons of bringing a formal lawsuit to the attention of an assigned presiding judge. In case the complainant is not convinced or satisfied with the arbitrary proceedings, the case will prosper or brought to the next higher court.
- Pre-litigation conference – As legal counsel for either the complainant or the defendant, it is the duty of the litigation lawyer to coach his client or any other witness as to what to say or answer in the stand during preliminary hearings and actual cross-examinations. Likewise, clients are also advised by their clients what to do and what should be avoided.
Apart from the roles mentioned above, commercial litigation lawyers also attend or represent a client in the following situation:
- Bankruptcy cases – When a company’s owner and its board of directors decide to declare closing their doors and books because of exorbitant losses, the commercial litigation lawyer has to present strong evidence and relevant legal arguments in order to satisfy those people or businesses with pending financial interest not to go after bad debts.