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Law

What is the Role of a Business Litigation Lawyer?

Role of a Business Litigation Lawyer

What is a business litigation lawyer?

A business litigation lawyer is a legal professional who is experienced in managing business-related lawsuits.

They are also trained to advise clients on a range of business-related topics from signing contracts to entering new partnerships. Seeking advice from a lawyer before making certain decisions is a great way for businesses to avoid future lawsuits.

What is business litigation?

Business litigation law covers disputes which arise out of a business and/or commercial related context.

These issues can span across all different types of industries. Therefore, companies should seek advice from a business litigation lawyer when legal problems arise.

Examples of legal issues may include the following:

  • Intellectual property disputes
  • Insurance coverage disputes
  • Fraud disputes
  • Breach of contract
  • Partnership or joint enterprise disputes
  • Shareholder to shareholder litigation

It is rare that a contractual dispute can arise without both parties playing some role in the eventual conflict. Therefore, both claims in business litigation have claims and defenses – whether justifiable or not.

Why is business litigation important?

In business, every negotiation or transaction carries the risk of a dispute so it’s a smart idea to seek a litigation lawyer’s advice before signing any documents or making big company changes. This will prevent future issues from arising.

In the modern world, it’s also becoming increasingly tricky for businesses to navigate the demands of new regulations, meet human resources, follow compliance, and meet financial requirements.

With fast changes and increasing demands, companies are faced with the need to assess, monitor, and mitigate regulatory and operational risks every day.

Below, find a list of common business disputes which may require the assistance of a business litigation lawyer:

  • Disputes over contract negotiations
  • Breach in contract
  • Corporate disputes
  • Cases of fraud
  • Debt collection
  • Shareholder disputes
  • Employment disputes
  • Conflict over business partnerships
  • Issues which have arisen over unfair work dismissals
  • Issues which have arisen over shareholders’ concerns about managerial control
  • Intellectual property or patent law disputes

What are the responsibilities of a business litigation lawyer?

A business litigation lawyer is responsible for the following:

  • Conducting a case evaluation
  • Drafting necessary pleadings
  • Creating a response to the other party’s dispute
  • Preparing the necessary documentation for the lawsuit
  • Devising a strategy to play in court based on the evidence
  • Presenting the case in court on the client’s behalf
  • Negotiating with the other party’s lawyers
  • Appealing the case if the client loses

Who do business litigation lawyers work for?

A litigation attorney can either work as a self-employed consultant or may make up the team at a law firm.

In some businesses, there may even be in-house business litigation lawyers.

How to hire the best business litigation, lawyer

As explained earlier, a business litigation lawyer can assist with a variety of cases for businesses in a number of different sectors.

So, what steps should you take when hiring a good business litigation lawyer?

  1. Conduct thorough online research into prospective lawyers
  2. Check that they have the relevant qualifications
  3. Ask the prospective lawyer about their previous experience
  4. Part of being a good lawyer is having excellent listening skills so make sure to schedule to meet them prior to making a decision
  5. It’s also important to read through a prospective lawyer’s reviews and testimonials to see what past clients thought of their services

How to prepare your business for litigation

It’s always best to try to reach a resolution outside of court walls but if that’s not possible, it’s time to consult an experienced and reliable business litigation lawyer.

A business litigation lawyer will help you to prepare by reviewing your business and its practices. They will also identify any particular areas of your company that may be open to potential legal issues.

Of course, your business may also be faced with litigation action too. In order to safeguard your company, it’s important to seek advice from a business litigation lawyer before making any big decisions or changes to your company.

Chamberlains is home to some of Australia’s leading business litigation lawyers. Visit us online to find out how we can help to put rigorous risk management at the heart of your operations and to navigate complex litigation actions where necessary.

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