What Is a Business Litigation Law Firm?

In some cases, someone who focuses specifically on the area of business matters might work for a bigger law firm that has a broad range of practice areas. Other business litigation lawyers focus the primary aspect of their practice on business litigation issues alone. Many businesses do not often find themselves facing litigation, meaning that they do not need to retain the services of a contracted in-house litigation counsel. However, in certain industries, such as in insurance, in-house business litigation lawyers are often used to handle the high number of lawsuits. 

Both parties in a business litigation suit likely have their own legal representation to assist them with settlement conversations and any court-related appearances.

It's a good idea to have a relationship with a business litigation law firm well before a lawsuit is ever filed. This is because your attorney will be familiar with your usual scope of business and your exposure to risk before any lawsuits arise. This can make it that much easier and faster for them to step in on your behalf in a business litigation case. There are many different responsibilities associated with a business litigator, including:

• Handling conflicts that are associated with alleged breach of contract.
• Handling contract interpretation or negotiation disputes.
• Managing related business activities and business partnerships that could be ripe for conflict.
• Handling disputes associated with lawsuits filed by disgruntled employees who are filing wrongful termination or harassment suits.
• Handling disputes associated with shareholder issues of managerial control and direction. 

Some business litigation law firms will also specialize in specific types of lawsuits or areas of the law, such as intellectual property or patent law, product liability suits, and IRS or business tax liability matters. There are many different possible controversial moments associated with negotiations and business litigation cases, meaning that your attorney from a business litigation law firm should have extensive experience keeping their cool in these situations and in understanding the different ways that you can manage responses. 

Working through these difficult moments is a key factor to look for when hiring a lawyer from a business litigation law firm. Many business litigators are no stranger to the courtroom and have in fact helped many different businesses navigate complex legal situations. Furthermore, business litigators should also be able to write well because it is very possible that you could resolve your business litigation case outside of court entirely. Business litigators are often persuasive and successful writers and speakers. They might have to do things, such as:

• Determining which experts might be required during the litigation process
• Identifying precedent and case law that support your side of the case
• Developing a big picture strategy to determine responsibility and cause of the core issues in the business dispute, which includes research of facts, paperwork and the situation at hand. 
• Putting together briefs for court that explain the facts of the event, detail the evidence that has been submitted in support of those claims, and identify the right to recover. 

A common question asked by those facing an ongoing business dispute is, “Do we have to go to court?” In most cases, the answer is no. You might be able to use the experience of your business litigation law firm attorney to negotiate a resolution or settlement without having to go to trial. 

In most business litigation cases, one party will start the case by alleging something such as breach of contract. The other party then must receive this information and file a response. After an initial motion has been filed by an attorney from a business litigation law firm, the next process is discovery during which time both sides of the case are responsible for sharing their information with opposing counsel, such as evidence or witnesses to be used. 

Other pre-trial motions might also be carried out during this time. Many business litigation issues can effectively be settled during the pre-trial stage, meaning that you might not have to go to court at all. In fact, the hiring of the right business litigation law firm could dissuade the other party in the case from moving forward with their legal claim. If your attorney has a track record of success in court, the other side might be encouraged to settle sooner rather than later.       

If the case moves forward, you could be looking at weeks or months spent in court mode. Your hearings and events will be scheduled in the calendar around other trials and based on judge and lawyer availability. Of course, all of these take you away from your business and add further stress to your life, which is why it should be considered of the utmost importance to get a lawyer to work with you immediately after the case is opened. 

You most certainly need the help of a business litigation law firm when you’re in the midst of ongoing litigation. If you’ve been named in a suit, you need legal counsel immediately. If a suit has already been filed, the other side has legal counsel that has had a jumpstart in looking at the major case issue and in preparing the material for court. You need to make sure you’re ready to take action quickly to get your attorney prepared for the case.