If you are unsure whether or not you need an attorney for your business litigation, this article is for you. Here, we cover an overview of why litigation attorneys are necessary and how to choose the best one for your business.
What is Business Litigation?
Business litigation involves the process of settling non-criminal disputes related to a business. (or business transactions) If you anticipate or have gotten involved in such a case, you need expert legal representation with solid experience in business law.
Continue reading to see instances when you have to hire a business litigation attorney
A breach of contract
Contracts are necessary for most business transactions, including hiring, non-disclosure, or non-compete agreements. A well-written contract holds provisions for cases of breaches and how to solve them. They may range from mediation to arbitration, and in cases where none of this solves the problem, litigation is necessary.
Sometimes, contracts and agreements hold hidden claims and obligations such that misrepresentation and omission occurs. Such cases are categorized as business fraud. A good business litigation attorney can take proactive measures against this before these incidents happen. If the damage has already been done, not hiring a business lawyer may lead to insurmountable damage both monetarily and in reputation.
Breach of Duty and Care
For some professionals, business relationships demand an ethical, trusting relationship. If the party being served believes a break in trust has happened, they may sue. Cases like this bring about significant losses, and an expert in business litigation lawyers can act in your defense to mitigate damages.
Intellectual Property Disputes
Patent, trademark, copyright, and IP infringement are not uncommon. However, they can be prevented by due diligence. Hiring a business lawyer to help protect such rights or de-escalate such situations can potentially save you a lot of time and resources.
Insurance companies, by default, are not the most willing to pay settlements. It is usual for them to contest your rights to payment by claiming a breach, ambiguities, or misinterpretation of contracts. A skilled litigation attorney can contest such claims through expert negotiations.
Choosing an Attorney for Business Litigation
The lawyer you choose for your business litigation must have specific experience in the matter at hand. A tax attorney will not do you good if you have a copyright infringement case. Be sure to cross-check the attorneys’ track record with losing or winning such cases. Your choice of attorney may even determine how well or valued the opposition takes your case. If they are sure you have competent legal representation, they may opt for a higher settlement to avoid the case going to court.
Ensure that attorney fee agreements are clear and settled. You do not want to spend so much on litigation fees, so you should discuss with your attorney the possibility of a comfortable fee structure. Rates could be flat, hourly, or contingent on outcomes.
If you need an expert in business litigation, contact the offices of Lamb, Carroll, Papp, and Cunabaugh. We have successfully represented firms, individuals, and organizations on federal and state levels and will ensure your rights and best interests are well protected.