Commercial Litigation Law
Statman, Harris & Eyrich, LLC represents companies and individuals in litigation involving contracts, ranging from negotiable instruments and leasing disputes to Fair Debt Collection Practices claims and bankruptcy and insolvency proceedings.
SH&E has a long record of success in the courtroom and features many acclaimed trial attorneys. Thus, while we often try cases, our attorneys regularly resolve commercial disputes out of court through negotiation, arbitration, mediation and other alternate dispute resolution forums. Our commercial litigation lawyers work hard to achieve dispute resolution as quickly and efficiently as possible.
What it Covers and Why Professional Legal Representation is Necessary
In a perfect world, all contracts and agreements would be successfully followed through by all involved. Unfortunately, the world in not perfect, and every business will face the difficult, and potentially expensive, dispute with either clients or partners. Commercial Litigation Law is the branch of the legal system that helps to settle these disputes. When a problem arises, good counsel from an experienced law firm is always necessary to protect all business assets.
What Commercial Law Involves
Contract disputes, bankruptcy issues, and concerns involving questions over insurance coverage are all a part of commercial law. In addition, attorneys who practice this type of law also help businesses in cases involving mergers or acquisitions that have gone wrong. They represent their clients in tort cases, defend against instances of suspected securities fraud, and much more. They can represent their clients in court or file appeals when a past matter has not been adequately resolved.
Establishing a Case
Without definitive proof, there is no point pursuing legal action. It is easy for a corporation to go bankrupt with fees during any litigation without a clear guideline for their case. An attorney with experience in these matters will review the case, discuss the matter with all involved, and decide what the next move should be. In cases where it must be taken to court, there should be a clear description of what to expect. If there is not enough evidence to prove a case, a settlement attempt may be suggested or the matter can be dropped entirely.
Beginning the Process
When there is enough evidence available for litigation and attempts have failed at negotiating any type of agreement, a demand letter will be sent. In this letter, the attorney representing the plaintiff in the case will lay out the terms for an agreement and explain that legal action will be taken unless the demands are met. There are several scenarios that will immediately follow this letter.
- The one receiving the letter will ignore it.
- There will be a counteroffer from the other party.
- They will agree to the terms, avoiding any further legal concerns.
- They will refuse and force the matter into a courtroom for resolution.
Filing a Formal Lawsuit
When no agreement is possible any other way, the dispute must be taken to court. This is when the paperwork for the lawsuit will be filed. This must be done within the legally allowed amount of time, and all paperwork must be complete. Once filed, both parties are required to share all evidence that is available for the case. This is a legal responsibility, known as discovery, and none of the evidence can be hidden or held back.
The Judge and Jury
It is possible that one party or the other will choose to stop and settle the matter after discovery. If not, the issue will need to be discussed with a judge. The defendant will express why they believe the case should be dismissed. If the judge agrees with the defendant, the case ends. If the judge does not agree, the case will be heard in court in front of a jury. The jury decides the case, with the judgment amount chosen by the judge. Unfortunately, this will not always end the case as the defendants will often choose to file an appeal.
Why Representation Matters
Commercial Litigation Law is complex. It covers all types of business transactions in every type of industry imaginable. Attorneys and law firms that handle this type of work must stay consistently updated in commercial law, a branch that is always changing. Even the smallest filing error, typo in a demand letter, or failure to disclose anything can cost the plaintiff the entire case. The outcome of many of these cases can determine the future of a business and affect the lives of everyone working for that company.
The law firm of Statman, Harris and Eyrich has experienced commercial litigation attorneys ready to help. They are able to represent their clients in any branch of commercial law. With their protection, businesses will get the representation they need in a professional and efficient manner. If legal issues are threatening your investment, contact them today.
See a list of our services