Commercial litigation is an often-complex area of the law that involves going to court to resolve disputes between business professionals or entities. Disputes can arise in the context of contracts between businesses, bankruptcy of a business, a disagreement about the extent of insurance coverage, or many other situations. Commercial disputes can develop between businesses for any number of reasons, and it is important to have professional legal representation to uphold or contest a contract or agreement that one party views as problematic. You should choose a firm that has experience and expertise in commercial litigation.

What Are “Commercial Litigation Attorneys”?

As the name suggests, a litigation attorney is one that focuses his or her practice on handling commercial disputes. A litigation attorney knows what to look for in complex legal documents, and can help build a case even before any court involvement. A litigation attorney should be well versed in the courtroom and strategies for moving a case through the legal system, and have the necessary skill and temperament to reach out-of-court solutions when possible or necessary. Due to that experience, litigation attorneys are key players for helping businesses navigate commercial litigation.

A Commercial Litigation Case

To begin building a commercial litigation case, you should consider what evidence you have to prove your case. If you have good evidence, but not great evidence, your attorney will help you evaluate and make a cost-benefit analysis about proceeding with your case. If your case is not strong, early settlement may be an option. There are dozens of factors to be considered and analyzed as to whether you have a strong case, which is why it is so important to meet with a commercial litigation attorney. Your attorney can provide various possible scenarios, discuss how the case will play out in court, and identify the role that each person involved will play in the case.

If you and your attorney decide there is enough evidence to move forward with your case, your attorney may send a demand letter to the opposing party, giving him or her an opportunity to “pay up” before going to court.  This sometimes opens the door for negotiation, but sometimes demand letters are ignored completely. However, they are an important first step in many commercial disputes.

If your demand letter is not successful, you may wish to proceed with going to court. Court can be unpredictable, expensive, and take a long time. However, many clients feel that going to court is their only option to be made whole and appreciate the sense of vindication they have upon a successful result. Given the unpredictability of litigation, it is next to impossible to describe a “typical” case. However, usually the parties will assert their claims against each other and exchange information that will prove their case or disprove their opponent’s case. Then, the evidence will be presented to the “trier of fact” – either in written form to a judge, or at trial to a judge or jury. Then, the trier will make a decision about who “wins” and the amount of money or other relief they are entitled to. It is important to note that the vast majority of litigation cases result in settlement outside of court and very few cases ever make it all the way to trial.

If you think you have a commercial or real estate dispute that could be headed to litigation, do not delay meeting with one of our attorneys because there are deadlines on when you can file certain types of claims.

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