How Does A Commercial Litigation Lawyer Work

Commercial litigation is the area of law that is concerned with the resolution of conflicts between businesses or companies.

15:37 05 July 2021

Businesses and big companies often undergo lawsuits for some of the other reasons of conflicts or disputes. These disputes occurring inside a business world that directly affect the organizational function are handled under the category of commercial litigation. This is a part of business law that differs from the general law book. 

 

The commercial litigation lawyer has expertise in handling conflicts regarding business and their clients or employees. There is an organized method of carrying out this job as it also falls under the legal department. Anything related to laws must be taken seriously to avoid any future harassment.

 

What is commercial litigation?

 

Commercial litigation is the area of law that is concerned with the resolution of conflicts between businesses or companies. A commercial lawsuit may be filed due to several reasons such as delay in transactions, breach of contract, violation of intellectual property, fraud, etc. Any conflict that directly concerns a business comes under commercial litigation.

 

What do commercial litigators do?

 

Commercial litigation lawyers are experts trained and educated in the field of business law. They are hired by companies on a contract or as a personal lawyer to carry out the legal proceedings involved in a commercial litigation case. Commercial litigators have a methodical way of resolving conflicts.

 

A commercial litigator understands the case and begins the process of resolving it. The process includes a legal method of drafting, pleading, discovering, trials, and appeals. Most of the time, commercial litigation cases can be solved in an arbitration court, but in some cases, it gets to higher courts.

 

Pleading

The commercial litigator first analyses the case and drafts the charges according to his knowledge of law and experience. These drafts are the pleadings that must be filed in the court officially so that a case is filed against a business or company legally. The pleading process consists of two elements- complaint and answer. The complaint is made by the plaintiff, who files a case on the defendant. The defendant is given a copy of the complaint and is supposed to answer it within a specific time. This process ensures that the court and the commercial litigator understand both sides of the case.

 

Discovery

Following the pleading and filing of charges, the commercial litigator discovers the necessary elements of a case. This is the longest process of the case that begins after the pleading and may continue till the trials. During discovery, the commercial litigator researches and investigates both the parties involved in a lawsuit and tries to find out evidence, proof, witnesses, etc. These discoveries are further used in the trial to make a case.

 

Trials

After the discovery, on the day of trial, the commercial litigator tries to make an argument defending his/her client. This is done in front of a judge or jury who passes the official judgment. This can also take a while if the case becomes complicated. During trials, witnesses are cross-questioned, evidence is presented, etc.

 

Appeal

Trials are considered to be the last stage of a case as the judge or jury passes his/her final statement. But, if the plaintiff or the defendant is unhappy with the judgment, they can make an appeal to a higher court of bench and request rehearing of the case.

 

When will a business need a commercial litigator?

 

A commercial litigator is needed when a business is charged with any of the following cases.

 

1. Breach of contract- When a signed contract is violated, such as transactions or delivery of services.

 

2. Product liability claims- When a consumer charges the manufacturer or seller of selling unsafe, defective, immoral products.

 

3. Intellectual property disputes- When a business or person charges the company of copyright issues or stealing of intellectual property.

 

4. Fraud cases- When a business is charged for fraud.

 

5. Employment disputes- Disputes among the employee and employer.

 

There are some circumstances when a business can face a commercial lawsuit, but there are many others, including some civil violations that come under commercial litigation.