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Investing in a commercial litigator may seem like an unnecessary business expense. But before you scoff at the idea of such an investment, think about how many types of business litigation issues can arise amidst the evolving business landscape. You, as the business owner, need to focus on the running of the business, not on defending yourself from problems with the IRS, employment contracts, contracts with your vendors, and contracts with your various insurance companies. A commercial litigator can make sure your rights are protected and help you settle commercial disputes through negotiation if possible. If not possible, then the attorney can represent you in any legal proceeding concerning commercial litigation law.
Common Types of Commercial Litigation
A commercial litigation attorney will help you with any legal issue that arises. Some of the most common types of issues that arise in the business world include:
Breach of contract. The business world runs on contracts including the leasing contract you may have on the building where your business is located, the mortgage contract you may have with the bank, vendor contracts, and more.
If a vendor fails to deliver your order, for example, and you were expecting goods that you planned on selling in your brick-and-mortar store, your business may suffer a great loss due to the inability to sell the goods. This is just one small example of how a litigation attorney would help you.
Employee disputes. Disgruntled employees bring lawsuits against their employers for wrongful termination, discrimination, violation of the Americans with Disabilities Act (ADA), and more.
Insurance disputes. Businesses have many types of insurance. Health insurance for employees. Property insurance for the building. Insurance for the equipment and furniture in the building. Professional liability insurance. Coverage disputes often occur.
Disputes between partners. Complex business disputes happen for many reasons. A common example is when one partner either wants to leave the business or is getting divorced. Both situations may end up in corporate litigation between the partners.
Trade secrets. Depending on the nature of the business there may be intellectual property issues involving trademarks and other trade secrets.
These are just a few examples of what often occurs in the business world that take the owner’s attention from running the business and puts it on the litigation issue.
Reasons to Hire a Commercial Litigator
As a business owner, you are at risk of being involved in expensive litigation matters either as a defendant if someone files a claim or lawsuit against you or if you have an issue with another business. There are good reasons for hiring a commercial litigation attorney.
- The attorney knows the law and the legal process. With an attorney representing you, you will not miss deadlines for filing documents with the court or responding to service. The attorney will always look out for your best interest and know when to encourage settlement or proceed to trial.
- When you hire an attorney who is knowledgeable in litigation practice, your chances of winning a legal dispute increase.
- Commercial litigators are also savvy negotiators. They always pursue cases in ways that are in the best interest of the client. If that means settlement negotiations, you can trust your commercial litigator to get you the best settlement package.
- The attorney will easily know the difference between a frivolous lawsuit and one that may have merit and will act accordingly. You will still need a defense even if the lawsuit has no merit.
- Laws are constantly changing. The commercial litigation attorney will stay up to date on the evolving law and respond on your behalf accordingly.
- When a legal issue comes up, you can immediately turn it over to your attorney for prompt attention. Business disputes can escalate and interfere with the productivity of your business. The quicker it can be resolved, the better it is for everyone.
- It likely will save you money. The lawyer will monitor the status of any case and possibly save you late fees, and penalties, as well as make sure you meet all deadlines. Also, if the attorney wins your case, it means you do not have to pay the person who sued you.
Bottom line: Whether you are considering legal action against someone you believe has wronged you or need an attorney to defend you in a lawsuit filed against you, a commercial litigation attorney will take charge of receiving service of process and assisting you with every aspect of the case from filing the initial answer to the completion of the trial.
Should You Have a Commercial Litigator on Retainer?
If you have a commercial litigator on retainer, your business will pay the attorney a certain agreed amount of money, probably on a monthly basis, in exchange for the litigator being available to consult whenever a legal issue arises. This is important because if you suspect there is a legal problem, it is best to call your attorney right away.
The sooner you consult with the attorney, the sooner steps can be taken to ensure your business is protected. If the attorney is on retainer, you can immediately forward to the attorney any document you receive in anticipation of litigation.
Contact Our Commercial Litigation Attorneys at The Ferraro Law Firm
At The Ferraro Law Firm, we focus on each client’s case and use all our resources to ensure you have the most robust representation possible. To schedule your free consultation, call 888-554-2030 or fill out our free case consultation form and a member of our team will soon be in touch.
Frequently Asked Questions
Frequently Asked Questions
01.
How long do commercial disputes typically last?
Depending on complexity, a straightforward matter might be resolved within months, but large-scale controversies with multiple business entities can span years, particularly if appeals arise.
02.
What is the benefit of settling out of court?
Settlement can save on legal fees, keep sensitive data confidential, and preserve relationships crucial for future collaborations. Many companies appreciate the predictability and efficiency of a well-crafted settlement.
03.
Are intangible harms, like brand damage, compensable?
In certain jurisdictions or under certain legal theories, intangible or reputational harm can qualify for monetary awards if you can prove real losses.
04.
If I win my case, how do I make sure the opposing side complies?
Post-judgment, your attorney can initiate enforcement, which might involve garnishing bank accounts, seizing property, or seeking contempt orders if the losing party resists.
05.
How does arbitration differ from litigation?
Arbitration typically involves a neutral third party or panel and offers a binding decision without a public trial. It’s often faster and more private, but also less flexible for appeals.
06.
Can Ferraro Law handle my commercial litigation case if my business is outside of Florida?
Absolutely. Ferraro Law represents businesses nationwide. Our extensive experience in complex commercial disputes proves we can effectively advocate for your interests, no matter where your business operates.
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