What Does a Business Litigation Lawyer Actually Do?
Even though it is invariably the corporations that make headlines every time they are accused of a wrong doing, most business-related cases are always filed against small companies.
This specific area of practice is known as business litigation in the legal field. Lawsuits that basically involve contract law, class action, and malpractice suits are the most common types of these lawsuits.
Who to Call
Although the law is supposed to be blind, businesses of all sizes are always cast as villains when accused of doing something wrong.
Whether the case is about a defective airbag or even food poisoning, a firm must quickly work to protect the company’s good name.
Failure to act promptly will almost unavoidably cause a deluge of bad press, which will almost surely hurt the bottom line.
In just any civil case, litigant is the accused, hence the term “business litigation” while the complainant is the accuser.
These accusers could be any person, including a former or even customer, employee or former partner. The most complex cases litigation lawyers normally handle are class action suits.
A lawyer that takes on a class action suit must adequately defend his or her client against a group of plaintiffs, which may include hundreds of people.
No doubt that the outcome of these cases can easily alter the fortunes of just any company.
What to Expect
Whether of the contract, class action or malpractice variety, the majority of these cases are normally settled before they get to court—and there are several reasons for this.
The most obvious reason is members of the company that may or may not be guilty for any transgression do not want their good name tarnished in the press.
Therefore, they are often more than willing to settle cases they may not have been accountable for simply because it is easier and cheaper than proceeding to trial.
A good business litigation lawyer has to be a highly skilled mediator, since that is often how these cases are settled.
Arbitration vs. Mediation
As a general rule, lawyers must negotiate in either mediation or arbitration hearings.
As a matter of fact, the only difference between these two processes is that mediation is an open negotiation between the two opposing sides while arbitration basically involves a legal judgment that is determined strictly by an arbitration board.
Settlements that are as a result of mediation often times involve disputes where the complainant strongly believes that they were illegally terminated.
And because wrongful termination cases are always common, they rarely make the news or the papers, which is why they are normally settled for a reasonable amount before they get to a judge.
In any of the above-mentioned situations, a highly experienced business attorney may mean the difference between a legal victory and a crippling lawsuit.
If you are indeed looking for a business lawyer, call the Law Offices of Robert W. Elton at 386-274-2229.
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