What Is a Commercial Litigator?
Commercial litigators handle any legal needs a business may have. The commercial attorney will evaluate each side of the case and all possible outcomes. They will discuss all appropriate options with their clients and may suggest mediation or settlement instead of litigation. These are more discreet options and, ultimately, more cost-effective for the client.
When a case goes to court or is tried in front of a government agency, legal fees can really add up. An expert commercial litigator is worth their weight in gold as they will handle any business lawsuits efficiently and creatively with the company’s best interests in mind.
What Does a Commercial Litigator Do?
Some of the most common issues they handle are:
- Joint venture disputes
- Partnership disputes
- Breach of fiduciary duty allegations
- Breach of contract
- Business torts
- Shareholder issues
- Class action lawsuits
- Civil RICO claims
Are Commercial Litigators Expensive?
Yes and no. Most commercial litigators try to build good relationships with their clients as they know companies will face many legal disputes. Part of that is operating on a fair fee structure that works for both parties. An expert litigator will often try to exhaust non-litigious options before suggesting court, as they are often more cost-effective. The cost to mediate or settle a case is very minimal in relation to litigating.
When litigating, a commercial litigator will often charge clients for the time they spend both preparing and trying the case. Costs like legal fees, court costs, discovery, and a surprisingly large amount of printing and photocopying will add up very quickly. In the past, commercial litigators have used the billable hour as their main fee structure, but clients are putting pressure on their attorneys to create a more reasonable way of calculating costs. The billable hours structure is not transparent at all, and companies find it difficult to justify the large price tag. Because of this, many commercial litigators are offering alternative fee structures that are more results-based.
Do All Commercial Litigation Cases Go to Court?
No, not necessarily. Litigation may happen in state courts, federal courts, administrative hearings, or private arbitration. This venue will depend on the applicable laws and the regulatory body.
In general, not all commercial litigation cases will end in litigation. Often a litigator may be able to find an alternative resolution method that will save time, money, and the company’s reputation. A commercial litigator will evaluate all the factors of the case and the interests of each of the parties. By understanding all of the interests in the case, they can select the optimal resolution method.
Do I Need to Hire a Commercial Litigator?
It is advisable, yes. Any dispute that may result in litigation requires the immediate attention of a commercial litigator. By hiring one from the start, they have ample time for discovery, research, and to build a strong defense. They ensure there are no slip-ups that may hurt their clients case and can advise on the best course of action from the get-go.
By involving a commercial litigator from the moment you receive a claim, you can respond in the correct way and begin collecting evidence. This is the case for “simple” disputes, which involve clear contracts and for complex disputes with many parties or districts.
A commercial litigator will tailor their approach to the individual case and your business interests. They will advise you every step of the way, help you to take action to prevent future disputes, and come to a satisfactory resolution.