A business litigation attorney may be engaged to handle any matter of dispute that has come up between individuals, partnerships, or corporations that have been unable to resolve differences in their business relationships. The business litigation lawyer has learned the laws of the state, community and federal government that govern business, and is prepared to say whether any of those laws have been broken, bent, or ignored by the parties involved. No matter whether the client being represented is the defendant or the plaintiff in the dispute, an attorney with this kind of expertise can guide the case through the proper channels to conclusion.
People setting up a business partnership draw up an agreement setting out the rules of behavior and areas of responsibility for its members, to make the partnership meet the partners' mutual goals. As long as each member follows these guidelines, the business arrangement flourishes. However, if one or more of the partners decides not to honor that agreement any more for whatever reason, there might be a need to call a business litigation attorney. Although the title of this kind of practice is litigation attorney, they often provide arbitration services to bring the parties together. When this is possible, both sides win because prosecuting a lawsuit can be very expensive. However, when an amicable solution is impossible, a business litigation lawyer will not hesitate to guide the case through the court proceedings.
Corporations often agree to cooperate in a business venture that is designed to be profitable for both parties. Whenever one party appears to take unfair advantage of the other in the conduct of their business, a business litigation attorney most certainly will be engaged to help resolve the dispute. If the infraction doesn't appear to be a deal breaker, the attorney may succeed in mending the break in the relationship without going to court. That is the attorney's job just as much as filing a lawsuit. Agreements in Biblical times were made before God, in he hope that they would be unbroken. "The Agreement of the People ] "In view of all this, we are making a binding agreement, putting it in writing, and our leaders, our Levites and our priests are affixing their seals to it." (Nehemiah 9:38)
Shareholder disputes, professional liability, general contractor disputes, and unfair competition actions are but a few of the possible cases a business litigation attorney might be called upon to prosecute or defend. The process for all civil litigation follows the same pattern. A plaintiff initiates a lawsuit by filing a complaint against a defendant, setting out the particulars of the complaint and requesting compensation for the wrong that has been done. The defendant must reply within a certain amount of time. Failure to respond in a timely manner can result in a judgment without the defendant's side ever being heard. The business litigation lawyer knows all these steps and will make sure the rules have been complied with. In the event the defendant believes a complaint against the plaintiff exists, a counterclaim can be filed seeking relief, and the court proceedings will sort it all out.
Before a case ever gets to trial, there is a lot of work to be done by the plaintiff and defendant and their counsel, any potential witnesses, and experts. Each side will be gathering all the information and evidence they can to prove the merits of the case. This can be the most important process, since cases are often won or lost on the basis of discovery. The business litigation attorney knows this all too well, and will be very diligent in this phase.
After discovery has allowed both sides to assess the strengths of their opposition, it is often decided by the parties that the prudent course is to reach a settlement before the trial begins. The business litigation lawyer on each side will work toward finding an equitable solution to the disagreements, and find a compromise that both can live with. That constitutes a happy ending. However, if the parties are bent on carrying their dispute forward to be decided by a judge or jury, then the attorneys have their work cut out for them. Each will present the evidence in such a way as to make the judge or jury rule in favor of the client. The winner is usually awarded some compensation, though it may not be all that was asked for, plus having his legal fees paid by the other side. That may not be the end of the proceeding though. If the loser believes an error was made in the trial, or new evidence discovered, and can prove either point, an appeal can be filed and another proceeding begun in the appellate court. Years may pass before the final decision is reached, and both parties will be a lot poorer because of it.
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