Most commercial litigation cases involve disputes over property or financial issues, as well as contract disagreements. Business lawyers help companies and corporations resolve these cases, hopefully without heading to court. Why is this?
Even if they do not believe they were in wrong, most businesses, especially large, public ones, don’t want to go to court. The money they might save on lawsuits is rarely worth the damage a protracted trial could do to their reputations. Therefore, they often instruct their commercial ligation attorney to settle if a reasonable deal can be struck.
Not every disagreement that arises results in litigation. For example, when two companies merge, there are invariably financial issues. A commercial litigation attorney can help by making sure the sale adheres to the letter of the law. He may review stock sales and employee contracts before he makes his recommendations.
Another typically non-contentious area of commercial litigation is when two or more people want to establish a business partnership. A commercial litigation attorney can draw up all the contracts and will make certain that both owners understand their rights, duties, and financial obligations. In fact, an important aspect of commercial litigation involves the drafting of contracts that delineate agreements between bosses and their workers.
Most of them are quite simple and straightforward. But occasionally they can be complex. Some companies require their employees to sign confidentiality agreements that prevent them from releasing company secrets even after they leave the firm. A commercial litigation attorney is charged with drawing up these contracts and making certain that they are legally valid and binding.
Some business contracts also contain an arbitration clause, which means that any legal case may be heard in arbitration, instead of in court. Business lawyers prefer these hearings because they can often be resolved much more quickly, which makes their clients happy. In these hearings, commercial litigators for both sides will work with arbitrators, whose goal is to develop a fair and mutually agreeable solution.