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Business and Commercial Litigation
Litigating a business dispute can often get messy.
In many instances businesses or commercial entities litigate over disputes or issues that often arise from the obligations or duties set forth in the contract between the parties.
These contracts often involve a lot of money, and in many cases a number of parties could be involved, especially when the transaction involves commercial entities.
We have sorted through some incredibly complex cases, and our attorneys know the procedure and the caveats of trying commercial litigation cases.
Our litigation attorneys represent a number of participants in the commercial context, including:
- collection agencies,
- other law firms,
- limited liability companies,
- other commercial entities.
Success in Litigation Comes from Preparation
So how do our attorneys obtain a successful outcome for our clients?
While the outcome of a case can never be guaranteed, we understand the importance of preparing for trial and the advantages of using every tool at our disposal.
Long before the jury is called in, lawyers are battling intensely in the trenches. This includes discovery strategy, motion work, and any other litigation tactics you can implement into the case.
The attorney who prepares the most and dominates the discovery and motion phases of the case lays the groundwork for success at trial.
Success in the motion phase of the litigation gives the attorney and his client the opportunity to better proceed with their case because they will be able to introduce evidence without a problem or even win the case summarily in some instances.
Regardless, the discovery phase and motion work allow the attorneys to create leverage for their client or require the opposing side to produce evidence or admissions that can change the posture of the case.
Discovery documents and information are used as evidence.
The important and relevant information (and documentation) obtained during the discovery phase of the litigation is used at the trial.
Without conducting discovery, the parties may be left with some unwanted surprises at trial. For that reason, it is important to leave no stone unturned by thoroughly propounding discovery on the opposing party.
Motions give the attorney the ability to limit the other side’s ability to present evidence or to limit the issues the opposition plans to argue.
There are thousands of types of motions that can be filed throughout the course of a case. A good attorney will learn the background and preferences of the judge to determine whether a motion is worth filing and whether that motion will be fruitful.
In circumstances where the motion will merely annoy the judge or will not accomplish any real objective, the attorney is best advised to refrain from preparing and filing such a motion—for several reasons, it saves the client money, and the attorney does not go into the courtroom to argue a losing motion.
Some lawyers have the philosophy that if you lose one motion, you are now associated as a loser in the eyes of the judge.
Those same attorneys believe you should only proceed with a motion if you believe there is a high probability for success. Otherwise, you are setting yourself up for failure in several other aspects of your case.
There are obvious advantages that accompany a knowledgeable and well-prepared attorney. As discussed above, adequate preparation and an aggressive, thought-out pre-trial strategy can be critical to the client’s success.
Our attorneys know how to prepare, and we’ll be intimately familiar with the facts and legal issues surrounding your case, and we’ll employ vigorous litigation techniques to defend the rights of your business.
If you have a dispute that arises out of a commercial transaction, and you need legal assistance, our attorneys are more than happy to advise or litigate, whatever the situation necessitates.
Please contact us today to discuss how to proceed.