Commercial Litigator: What Can They Do For You

If you are a business owner or leader seeking legal assistance, you may have been advised to seek a commercial litigator. This title can be a little confusing and misunderstood as the practice covers a broad spectrum of cases relating to business conduct. You may also have a hard time finding very many lawyers who indicate that they specialize in commercial litigation. So how do you go about finding the right one, then?

Seek industry expertise

One way of identifying a lawyer or a firm who will be able to provide the best service is to seek out one that specializes in the particular business field you work in. This method is going to work best if you work in a larger industry such as real estate or agriculture.

When contacting lawyers it's important to understand that while one may have considerable experience developing commercial contracts, they may have spent much less time actually litigating disputes that arise from those contracts. That's not to say they are not qualified to effectively perform the research, interviews and other work required to do so. However, in most cases an attorney will make every effort to resolve a case before it becomes a costly and time consuming court battle.

Seek job expertise

In other cases, a business may be looking for assistance with a specific type of service. This could include a wide range of areas including company mergers, dispute arbitration, business partnership or employee contracts. In this instance you will want to ask plenty of questions regarding the person's experience with that type service. Go into consultations armed with as much information as possible relating your needs. The commercial litigator should be able to provide you with an outline of what they can do and how they expect your case to be handled.

Go with your gut

When interviewing lawyers, you should feel like they answer your questions openly and honestly without become defensive or evasive. They should show compassion and speak to you in understandable terms.

A good commercial litigator is your advocate and also your advisor. If the attorney is simply telling you everything he or she thinks you wants to hear–rather than what you need to hear–the attorney is not taking the advisor role as seriously as the role of advocate. It's important to put your emotions aside and try to understand what the attorney is advising.