Tag Archives: Commercial Litigation

St. Louis Business Litigation Lawyer

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:

  • borrowers,
  • lenders,
  • suppliers,
  • vendors,
  • purchasers
  • collection agencies,
  • other law firms,
  • manufacturers,
  • limited liability companies,
  • distributors,
  • corporations
  • 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.

Motion Practice

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.

Conclusion

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.

Local Counsel St. Louis

Searching for Local Counsel? Our lawyers are available to provide representation in St. Louis County, St. Louis City, St. Charles County, and Jefferson County.

Regardless of your needs, we can most likely assist you with any local representation needs by attending your hearing or other matter.

Our attorneys have experience in various areas of the law including, but not limited to, civil litigation, contracts, fraud, family law, construction law, probate, criminal, and a variety of other different areas of the law. If you need hearings covered in any of these areas or for any other matter, please contact us to discuss how we can assist by providing your local counsel needs.

Our attorneys have appeared in courts all over Missouri, and we always strive to project the highest level of professionalism and competency when handling matters as local counsel.  After a quick briefing about the facts and procedural posture of your case, our attorneys will appear on your behalf and carry out whatever task necessary to effectuate the desired outcome.

Pro Hac Vice Representation

While our attorneys provide litigation support for lawyers who are not licensed in Missouri, we also provide Pro Hac Vice services for out-of-state counsel.  Many attorneys who practice outside of Missouri may be unfamiliar with the Missouri Rules of Professional Conduct.  However, Rule 4-5.5 governs the Unauthorized Practice of Law.

In essence Rule 4-5.5 states that any lawyer who is not licensed to practice law in Missouri may hold themselves out as licensed in Missouri or establish an office or other systematic and continuous presence in this jurisdiction (Missouri) for the practice of law.

Rule 4-5.5 then lays out the Rules of Professional conduct relating to the practice of an attorney admitted Pro Hac Vice in Missouri, stating the following, in relevant part:

“A lawyer admitted and authorized to practice law in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services on a temporary basis in this jurisdiction that:

(1) are undertaken in association with a lawyer who is admitted to practice in this jurisdiction and who actively participates in the matter;

(2) are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction if the lawyer or a person the lawyer is assisting is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;

(3) are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction if the services arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted and authorized to practice law and are not services for which the forum requires pro hac vice admission;

(4) are provided to the lawyer’s employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or

(5) are not within Rule 4-5.5(c)(2), (c)(3), or (c)(4) and arise out of or are reasonably related to the lawyer’s practice in a jurisdiction in which the lawyer is admitted and authorized to practice law.”

See the full text of Missouri Rule of Professional Conduct 4-5.5 at http://www.courts.mo.gov/courts/ClerkHandbooksP2RulesOnly.nsf/c0c6ffa99df4993f86256ba50057dcb8/84187ab9f9f1995486256ca600521226?OpenDocument

The Missouri Supreme Court Rule governing admission pro hace vice is 9.03 and generally states the following:

Any attorney, who is not authorized to practice law in Missouri, may be permitted to appear and participate in a particular case in any court or administrative tribunal of this state under the following conditions:

  1. The visiting attorney must be a member of the bar of another state, territory of the United States, or in the District of Columbia and must be in good standing
  1. The visiting attorney cannot be under suspension or disbarment in any state or territory of the United States or in the District of Columbia
  1. The receipt for the fee paid as required by Rule 01 must be included with the initial pleading filed, and a statement:

(a) Identifying every court of which he or she is a member of the bar;

(b) Certifying that neither the attorney nor any member of his or her firm is under suspension or disbarment by any such court; and

(c) Designating some member of the Missouri Bar having an office within the state of Missouri as associate counsel.

Local counsel (designate associate) must:

(a) Enter an appearance as an attorney of record;

(b) Sign all pleadings, briefs and other documents that are filed or served; and

(c) Attend all hearings unless excused by the judge or arbiter.

The visiting attorney must also agree to comply with the Rules of Professional Conduct as set forth in Rule 4 and become subject to discipline by Missouri courts.

Missouri Pro Hac Vice Fee

The rule of Professional Conduct related to the fees owed for Pro Hac Vice admission is set out in Supreme Court Rule 6.01(j) and states the following in pertinent part:

Setting Bar Fee. The board of governors of The Missouri Bar is hereby authorized to fix the amount of the bar fee to be paid by each person licensed to practice law in this state. Such fee may be fixed at a different amount for each of the following categories of persons:…(3) Persons licensed but who neither reside, nor practice, nor are employed in this state; provided, however, that any person included in both categories (2) and (3) need pay only the lesser of the two amounts applicable.

The fee for 2016 is set forth in Missouri Supreme Court Rule 6.01(m) and states the following:

Category Low Income Legal Services Fee Bar
Fee
Advisory Committee Fee Total Annual
Enrollment Fee
(3) Non- resident $30.00 $194.00 $101.00 $325.00

Familiarity with Local Venue and Courthouses

Our attorneys are familiar with the St. Louis Metropolitan area courts.  We regularly attend hearings and know the judges and procedure for handling a variety of different cases in any of the following counties:

  • St. Louis County (21st Judicial Circuit Court of Missouri)
  • St. Louis City (22nd Judicial Circuit Court of Missouri)
  • Charles County (11th Judicial Circuit Court of Missouri)
  • Jefferson County (23rd Judicial Circuit Court of Missouri)

We will gladly discuss your case with you and work with you to determine the best strategy to attack your case in any of the above-listed St. Louis venues.

Coverage in St. Louis Municipal, State and Federal Cases

In addition to covering hearings in the state court, we also offer coverage of cases in municipalities or federal courts such as the Eastern District of Missouri Federal District Court and the Eastern District of Missouri Bankruptcy Court.

The municipalities we cover run the gamut, but some of the most popular municipal courts include: Affton, Arnold, Ballwin, Bella Villa, Bellefontaine Neighbors, Bellerive, Bel-Nor, Bel-Ridge, Berkeley, Black Jack, Breckenridge Hills, Brentwood, Bridgeton, Calverton Park, Castle Point, Champ, Charlack, Chesterfield, Clarkson Valley, Clayton, Concord, Cool Valley, Country Club Hills, Country Life Acres, Crestwood, Creve Coeur, Crystal City, Dellwood, Des Peres, Edmundson, Ellisville, Eureka, Fenton, Ferguson, Flordell Hills, Florissant, Frontenac, Glasgow Village, Glencoe, Glendale, Glen Echo Park, Grantwood Village, Greendale, Green Park, Grover, Hanley Hills, Hazelwood, Hillsdale, Huntleigh, Jennings, Kinloch, Kirkwood, Ladue, Lakeshire, Lemay, Mackenzie, Manchester, Maplewood, Marlborough, Maryland Heights, Mehlville, Moline Acres, Normandy, Northwoods, Norwood Court, Oakland, Oakville, Olivette, Overland, Pagedale, Pasadena Hills, Pasadena Park, Pine Lawn, Richmond Heights, Riverview, Rock Hill, Sappington, Shrewsbury, Spanish Lake, St. Ann, St. John, St. Louis County, Sunset Hills, Sycamore Hills,Town and Country, Twin Oaks, University City, Uplands Park, Valley Park, Velda City, Velda Village Hills, Vinita Park, Vinita Terrace, Warson Woods, Webster Groves, Wellston, Westwood, Wilbur Park, Wildwood, Winchester,  and Woodson Terrace.

If you have a specific matter requiring local counsel coverage in any of the above municipalities or in the Federal District Courts in the St. Louis Metropolitan area, please contact us to discuss arrangements.

Our Policy When Serving as Local Counsel

We respect our business relationships, and our policy is to never solicit clients for other lawyers or law firms for whom we provide local counsel services.

We look forward to developing strong, ongoing relationships with you.

Click here to arrange local counsel via e-mail.

Once we receive an e-mail from you, our goal is to confirm or deny coverage of your case within an hour or two of receipt of the same. 

St. Louis Commercial Litigation Attorney

Scales of Justice in the Boardroom

Litigation Lawyer

A litigator is a special breed of attorney. Litigation is the most adversarial, intense experience one can face when dealing with the law. That’s why litigators are so special.

To be a litigator you have to be forged through the rigors of heavy motion work and through the trial process.

While the trials you’ve seen on television or movies may seem interesting and exciting, the reality is that they are intense, stressful, and the slip of a tongue can cost thousands to millions of dollars.

But there are other things that can cost or save you thousands to millions of dollars also, and those things are motions.

Good Trial Lawyer v. Good Litigation Attorney

Litigation is not just arguing trials. True litigation attorneys have the ability to craft motions in a manner that limits the other side from asserting claims or defenses. The motion work can, at times, limit their recovery or narrow their case to prevent the admission of certain evidence or preclude damaging testimony.

A lawyer can file various motions throughout the various phases of the case to strengthen your position and limit unwanted evidence.  That’s why it’s important to have a competent St. Louis litigation attorney who can help you file the right motions to protect your rights.

This differs from a good trial lawyer who merely walks into the trial without knowing the contours of the landscape and simply “wings it.”

A good litigation lawyer knows the issues that may arise, is prepared to argue each of these issues with case law or statutes backing his position, and limits many of these issues from ever touching the jurors’ ears, all before the trial even begins.

To carry out such precision in the litigation game, the lawyer has to act with deliberated moves and a well thought-out strategy.

We have attorneys who are trained in doing that.

We represent many corporate clients including privately held companies, publicly traded companies, as well as individuals involved in a number of commercial litigation disputes.

We are capable of representing the foregoing entities and individuals in a number of settings and venues in Missouri, including in arbitrations, in state courts, in federal courts, and in front of administrative agencies.

With the ever changing political and legal environment, our attorneys rely on their technological and business acumen to assist and guide you in taking the necessary steps to protect your most prized possession–your business and the assets you have worked so hard to acquire.

Commercial litigation can be the gateway through which your business thrives or dies. That’s why it is important to find and hire an experienced commercial litigation attorney.

You can trust our attorneys to represent you and your company in a variety of different matters whether you are dealing with a contractual dispute, construction defect claim, partnership dispute, or other serious matter.

We have a wealth of experience litigating for and against commercial entities.

If you’re involved in commercial litigation and need an attorney, we have the resources to provide you an expeditious and competent defense, so you can spend your time focusing on your business and not on litigation.

Call one of our St. Louis Litigation Attorneys today!