When you realize you are in a major disagreement with your business partners, or such disagreements arise in your usual business dealings, it is wise to seek the services of a commercial litigation attorney. These are lawyers who are skilled in commercial litigation law, which is part of business law. There are highly sought after whenever a case comes up that involves the violation of contracts, or disputes have arisen between business partners, or even with their shareholders. This law is also applicable in collections. For this, you will need a litigation attorney to start legal proceedings of attaching assets or bumped up wages, which will be part of the collection process. They find their use for either plaintiffs or defendants. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations of businesses.
They find a lot of work on some legal issues. You will find them in the middle of many cases, such as contractual agreements, and even multifaceted real estate disagreements. Lawyers who have chosen the path of commercial litigation law will only practice this branch, and no other, even if it is in business law. They will not do anything for other business law branches. In case someone approached a law firm which did not have a commercial law specialist within its ranks, would usually direct the client to another firm with the suitable professionals present.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. Normally, they work towards getting those matters settled before they reach the courts. If this does not happen, then they will combine their considerable experience arguing in court with the present proof to try and win the case there. In their normal daily operations, they shall prepare for a case, then argue it in court, and if unsuccessful, file an appeal. Some attorneys charge large fees on an hourly basis, or a flat fee for their services, depending on the kind of case in question.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. In such cases, it is the task of the petitioner to prove to the court that their previous lawyer in their case was not diligent enough in their duties and services. There has to be proof that as a result, the petitioner suffered loss. It is not enough for the petitioner to display their suffering. They have to show that if the lawyer had been keen in their work, they would have prevented it. These cases are handled by commercial litigation attorneys since in essence, the provision of legal services to a client is considered a business transaction.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.