Commercial litigation is a legal dispute between parties. It varies from corporate litigation because it’s centered on business arguments. Since it can be complex at times, such as if it involves forensic accounting or complicated financial agreements, it’s worth consulting with a lawyer.
On ContractsCounsel, an online legal network that connects clients with vetted lawyers, you can work with a commercial litigation lawyer with years of experience and legal expertise to help you deal with the dispute promptly and efficiently.
Read the rest of this article to learn about the different types of commercial litigation, what to do during a dispute, and how a lawyer can strengthen your position.
What are Common Types of Commercial Litigation?
Commercial litigation can arise over various situations, such as:
Contract Breach
After signing a commercial contract, one party might not fulfill their duties, essentially violating the contract’s terms. Examples include if they don’t deliver the goods or services they agreed to.
Promissory Note Breaches
One party might be in breach of a promissory note if they don’t carry out their duty to pay the amount mentioned in the document, such as their loan.
Commercial Real Estate
There can be disputes surrounding commercial properties, such as leases or property use.
Commercial Fraud
One party in the working relationship might have committed fraud, such as by not reporting finances in a business correctly or being guilty of false representation.
Intellectual Property (IP)
Parties might argue over IP claims, such as if one thinks the other party is infringing on their trademark or disclosing their trade secrets, putting the business reputation on the line.
Distribution
There can be disputes surrounding distribution and the supply chain, such as if parties argue over pricing.
Employment
Employment disputes are becoming more common, and they can include issues such as wrongful termination, non-compete contracts, and disputes between shareholders.
What Should You Do if You’re Involved in a Commercial Dispute?
When you find yourself navigating a commercial dispute, there are some things you should consider so that you make the right moves.
Collect all Relevant Documents
Get all documents in order so that you can start collecting evidence to support your case. Gather emails, contracts, and any other appropriate communication between you and the other party.
Avoid Responding Impulsively
Emotions can run high when you find yourself in a hostile dispute, but this could worsen the situation and cause legal trouble. Remain calm and gather your thoughts before making any decision. When communicating with the other party, maintain a professional tone.
Try to Negotiate
Many disputes can be successfully resolved via negotiation instead of immediate escalation to court. In fact, the courts prefer if you and the other party attempt resolution by communicating with each other.
How to Resolve a Commercial Dispute?
Before heading to court, you can resolve a dispute with Alternative Dispute Resolution (ADR) methods.
Mediation
During mediation, a third party, neutral mediator will listen to you and the other party attempts at negotiation. You and the other party brainstorm together to reach a mutual agreement. Clients prefer mediation because it ensures the parties involved maintain control over the outcome.
Mediation isn’t a legally-binding solution, unless you and the other party sign an agreement.
Arbitration
Arbitration involves hiring a third party, neutral arbitrator who reviews the case, taking both parties’ perspectives into consideration, and then delivers a final, binding decision.
It’s a good idea if you and the other party need objective assistance to resolve the dispute, such as if you struggle to communicate constructively to find solutions.
How Does Commercial Litigation Work?
Commercial litigation typically includes many steps in the process.
Pre-Litigation Engagement
Both parties will exchange correspondence and try to negotiate to resolve the dispute. This stage usually includes sending a letter of demand, which is a document requesting that they fulfill a responsibility before legal action is taken.
Initiating the Claim
If parties can’t reach a mutual agreement, there will be a claim. This defines the dispute, any harm that was caused by the incident, and relief that the party is seeking. The defendant will respond to the claim within a specific amount of time.
Pleadings
This stage of commercial litigation involves both parties explaining details of their case, such as any admissions. It determines the complexity of the case and how long it will take to resolve the conflict.
Discovery
Parties will exchange evidence for their claims, such as contracts, financial records, and meeting minutes.
Preparing and Going to Trial
During this phase, both parties will present their cases in court, with reports, evidence, and witnesses. Since this stage of litigation can be time-consuming and complex, seeking legal guidance is essential to protect your rights and help you work through the process.
Verdict
At the end of the trial, the judge will deliver a final verdict. Post-trial motions might be filed after the trial, such as motions to change the judgment or have a new trial. These serve to deal with any inaccuracies that could have marred the trial process.
Should You Hire a Commercial Litigation Lawyer?
It’s a misconception to think you should wait until being served with a lawsuit before contacting a commercial litigation lawyer. There are times when it’s advisable to seek legal guidance, such as if/when:
- You’re dealing with a breach of contract.
- You’re wrongfully accused of wrongdoing by the other party.
- The dispute is risking your business reputation or operations.
- You and the other party can’t seem to reach a mutual agreement.
Benefits of Hiring a Commercial Litigation Lawyer
Hiring a lawyer for a commercial litigation provides many benefits.
- Lawyers will conduct investigations to help you build a case.
- They will research all important laws and regulations that affect your dispute. These can be complex.
- They can negotiate with the other party on your behalf so you get a favorable outcome.
- They can file lawsuits for you and represent you in court.
- They help you avoid legal risks that threaten your business and reputation.
- They engage in strategic decision-making that can be complex and confusing if you don’t have a legal background.
Do you need a lawyer for a commercial litigation?
Connect with a vetted, experienced lawyer on ContractsCounsel, who will prioritize your interests, minimize your risks, and help you navigate a stressful commercial litigation.
