Commercial Litigation Explained

Commercial litigation is a rather broad field of law and encompasses any type of litigation involving business issues, often between businesses, though that is not always the case.

Commercial litigation is an expanding field of law, and its growth is spurred by the current trend of growing new small businesses, at-home businesses and the diversification of already existing ones. The issues that commercial litigation cases cover are as unique as the types of companies out there, and there isn’t a single case that is similar to another. To help you understand commercial litigation better, here is an overview of a couple of the areas that have the most frequent issues of concern when it comes to this type of litigation cases.

Intellectual Property Litigation

Intellectual properties are usually the lifeblood of most businesses. The trademarks, patents, and copyrights obtained by different companies for their processes and products are often worth millions and, in most instances, are their primary source of revenue.

Securing intellectual property government-mandated processes such as patenting is one form of intellectual property litigation. Another type of intellectual property litigation is where businesses will file a lawsuit against another due to purported infringement. These cases usually involve claiming millions, and even billions of dollars in damages with either party winning some of the cases and losing some.

Corporate and LLC Litigation

Anyone can have an LLC or corporation. Whatever the entity, duties are generally owed as a matter of law. When it comes to LLC and corporate litigation, there are lots of areas of conflict and include topics like non-disclosure agreements, non-compete agreements, acquisitions, and corporate mergers, employment agreements, and corporate and management control disputes. Just because a majority of today’s corporations are much smaller than those of the past doesn’t mean that they’re immune to the same issues which plagued, and continue to plague big corporations.

Franchise Litigation

Franchising is one area of business that experiences lots of commercial litigation cases. Franchising agreements allow for new business chains to be built across the country. However, this usually leads to a considerable amount of legal disputes that law firms such as dph legal solicitors do not specialise in but can recommend a reputable firm that are knowledgable when it comes to the selling, purchasing, and maintenance of franchises.

Since franchise agreements are usually complex legal documents which control everything from the business’ operating hours to where fixtures are placed, litigation could arise where violations of franchise agreements are alleged.

Commercial litigation involves anything related to business and commerce. When faced with such a case or are in need of commercial litigation services, then commercial litigators are the people to approach. These professionals have the training and experience needed to handle commercial litigations and should help you through the process. The important thing though is that you take the time to research and compare available litigators to ensure that you hire the right people for your litigation suit.

How A Criminal Law Solicitor Can Help You

Criminal defence solicitors fulfil various important roles during the course of a criminal procedure. The primary role is to defend the person charged with the crime by speaking on their behalf or representing them in court. Of course, there are various elements involved in this role and this needs to be considered when dealing with a criminal solicitor.

1: Assignment Of The Case

To use the services of a criminal law solicitor, the solicitor will be assigned the case either by the court or contacted directly by the defendant. The majority of criminal defence lawyers are public defenders assigned by local or state courts and paid by the public defender’s office.

If the criminal defence solicitor is hired by private firms, the professional will use an independent legal office to represent themselves. Public defenders are often paid less than private attorneys; however, they also tend to have a greater caseload because of the referral process. In certain cases, a court may require a private solicitor to take specific cases.

2: Interviewing The Client

When a criminal law solicitor is presented with their case, they have the opportunity to meet the client face-to-face. During this meeting, the solicitor tries to obtain as many details about the case as possible. By asking certain questions, he or she can learn about potential weaknesses and strengths in the case. Interviewing the client is essential as it helps the solicitor prepare a strong argument.

3: Investigation Into The Case

In addition to conducting an interview with the criminal defendant, a criminal law solicitor is obliged to investigate the case further. Further investigation will help determine any potential chances for acquittal. This can include questioning the investigating police about procedures used during the case.

It can also include speaking with witnesses and collecting information about the case. All of the information is utilised to build a defence for the client. If an expert witness is used, the criminal defence solicitor can interview them regarding the testimony provided and the evidence produced.

It is important to note that criminal defence attorneys have the right to review the prosecuting attorney’s case before it is submitted to the jury. This ensures they discover ‘holes’ in the case and can find evidence to refute the case.

4: Analysis Of Evidence

Criminal law solicitors are obliged to analyse evidence in a criminal law case as a means of studying the facts and theories. In some instances, the evidence may need to be independently tested by experts and laboratory technicians will need to be hired. Furthermore, a criminal law solicitor may need to determine if there are legal theories that can be applied to work in favour of the client.

5: Jury Selection And Trial Participation

Criminal law solicitors operate in criminal court; therefore, they have a say in the jury selection procedure. The professional can attempt to have jurors removed if they feel the individual is biased against the defendant. Once the jury is selected, the criminal defence solicitor must represent their client in a trial. During the trial, he or she questions witnesses, cross-examines state witnesses, and attempts to convince the jury that their client is innocent.

What Does An Arbitration Lawyer Do?

Arbitration is an alternative to resolving disputes out of court. An elected arbitrator (or panel of three arbitrators) oversee informal proceedings that are similar to a court hearing. The arbitrator may request evidence and may also interview witnesses if necessary. At the end of the hearing, the arbitrator will reach a decision that both parties to the dispute will have agreed upon to accept before the case went to arbitration.

This form of alternative dispute resolution is often less time consuming and costly than entering into court proceedings. Although it is not necessary, either or both parties may have legal representation available to them in the form of a lawyer.

What Does An Arbitration Lawyer Do?

A lawyer can advise a client on their legal standing when a case goes to arbitration and the likelihood that the case will be settled to their advantage. The lawyer will also inform and prepare a client for the arbitration process and ensure that they understand what their role will be in the proceedings. They may also investigate the case and collect evidence as well as prepare any necessary documentation.

The lawyer may attend the arbitration hearing and speak on behalf of their client. However, this is not common as the proceedings are informal and do not follow the same legal processes as a court of law. This said, a lawyer may be beneficial depending on the type of case and the legal issues that are involved by arguing on behalf of their client.

An arbitration lawyer may also be selected as the arbitrator to oversee a hearing and resolve a dispute. The lawyer would be required to have experience at trial as well as in the field of law that involves the dispute.

What Disputes Do Arbitration Lawyers Deal With?

Commonly, disputes that go to arbitration are labor related. A lawyer specializing in labor law may therefore be chosen as the arbitrator. A labor lawyer may also be chosen by either party to represent them and advise them throughout the proceedings.

Another common area where arbitration may take place is to resolve disputes involving payment of money that would normally result in a civil law suit. The client will either be claiming monetary payment, reward or compensation from another party and the arbitrator will decide whether their claim is valid as well as to the amount that should be awarded.

What Does An Arbitration Lawyer Cost?

An arbitration lawyer will charge a retainer that should cover the majority of the costs related to the arbitration proceedings to provide legal advice and representation. Should the lawyer be required to be present at the hearing, they may charge an additional hourly rate for their services.

As mentioned above, it is not entirely necessary for a lawyer to represent their client at the hearing and this is a cost that can be avoided. On the other hand, if the other party has legal representation, it is highly recommended to hire a lawyer. Fees for the arbitrator or panel of arbitrators will also need to be covered.