The primary duty of a business litigation lawyer is to take a case to court and attempt to win the case for his or her client. There are many times the parties agree to settle the dispute out of court, but the majority of cases will be heard in court. Business litigation lawyers may tend to limit their practice to such things as contract breaches or commercial real estate litigation, which includes landlord/tenant disputes and evictions. Litigation lawyers have considerable courtroom experience that many other legal practitioners do not.
Business litigation lawyers deal with lawsuits within a business or corporation; it can be a disagreement between a shareholder and the board of directors, a case of wrongful dismissal, or a contract dispute. When a business litigation lawyer takes a case involving a breach of contract, he or she will analyze the contract in detail prior to considering litigation or suggesting a settlement. Commercial real estate litigation lawyers, with their in-depth knowledge of the law, can explain in detail the legal rights and obligations to both parties, flaws in the lease and potential solutions.
A litigation lawyer must be level-headed; he must be able to deal with clients in a calm, collected and professional manner. An individual or a representative of a company may panic when a lawsuit is brought against them, but a skilled litigation lawyer can devise legal strategies based on case law and prior precedent that hopefully will win the case for the client. When someone is in need of a litigation lawyer, nothing is better than experience.
Although litigation lawyers are skilled in courtroom procedures, they will often attempt to settle the matter through negation and mediation. Of course, if the parties to the dispute are unable to settle amicably, there is no other alternative but to take the case into the courtroom to be heard by a judge. Once the lawyers have both been given an opportunity to plead the case the judge will issue a verdict. The verdict will result in a court order, which indicates the findings as well as any court ordered stipulations. If the client or the business litigation lawyer is not satisfied with the judge’s ruling, they can file an appeal, returning the case to its litigation stage.
