What Does a Business Litigation Attorney Do?
It takes a lot to own and run a business. Running a business can be complicated. Business owners face many challenges. For example, as a business owner, you can experience issues with employees, customers, suppliers, vendors, competitors, or government entities. When issues arise, retaining a business litigation attorney may be necessary. Below we explain what a business litigation attorney does.What Does a Business Litigation Attorney Do?
Before going into what a business litigation lawyer does, it is vital that you first understand the meaning of business litigation. Business litigation is when parties turn to the court to resolve business matters. In other words, litigation is the process of bringing legal action to the court. Business litigation falls under civil and not criminal law. Business-related civil cases often involve a party suing another party to enforce or protect their rights.
Therefore, a business litigation lawyer is a professional trained to represent clients in court. However, a lot more is involved in business litigation than just going to court and representing a client. A business litigation attorney can be an in-house attorney in a company or one working at a law firm representing various clients. A business litigation attorney can defend your company if another party files a lawsuit against you, or they can help you file a lawsuit against another party.
As mentioned, business litigation attorneys do not only go to court and represent their clients. There is a lot more a business litigation attorney can do. For example, a business litigation lawyer can provide legal guidance. A business litigation lawyer can also help you draft legal documents like policies and contracts.Examples of Cases That Business Litigation Attorneys Handle?
The following are some of the cases a business litigation attorney can handle;
- Breach of contract
- Breach of fiduciary duty
- Intellectual property right infringement
- Business torts
- Employment disputes, such as wage and hour issues, workers’ compensation, and workplace discrimination
However, a business litigation attorney may not have expertise in all areas. Some attorneys specialize in only one area, whereas others specialize in a number of areas. It is crucial that before you retain a business litigation lawyer, you confirm that they specialize in the area of law you need help with. Fortunately, even if an attorney does not specialize in the area of law you need help with, they can refer you to an attorney who does.Alternatives to Business Litigation
At times, the best option is litigating a business dispute in court. However, litigation is not the only way of resolving business disputes. Business disputes can also be resolved outside of court through alternative dispute resolution (ADR) methods. The two main forms of alternative dispute resolution methods for business disputes are;
- Mediation: This ADR method involves disputing parties meeting a mediator who is neutral in the matter. The mediator facilitates communication and works to help the parties reach a mutually-agreeable solution.
- Arbitration: This ADR method involves working with an arbitrator, who, just like a mediator, is a neutral party in the matter. However, unlike in mediation, where the disputing parties make the final decision, with arbitration, the arbitrator makes a final decision after the disputing parties present their evidence and arguments.
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