Thursday, October 10, 2013

Specialties of Business Litigation Attorneys

By James Phan


Hopefully you will never encounter any litigation in your business life, but let's face it, we live in a society that is happy to sue whenever possible. For this reason, there are many attorneys who specialize in business litigation law to defend those who are having a business dispute or help someone make a dispute or lawsuit.

The presence of a business lawyer is usually needed to draft contracts necessary for your business such as employee contracts, lease or rental contracts, business agreements, etc. His presence is also a must when mergers take place so he can draft documents and formalize the sale and transfer of assets in a legal manner. Bottom line, the function of the business lawyer is to ensure that all kinds of business transactions are above board, legal and binding and adheres to the laws of the land.

When the legality of the steps undertaken in finalizing the business contracts are questioned, a litigation is necessary to settle it. The process is usually like this:

Initial pleading is filed.

Motions (it is the requests that the judge do something like allow specific evidence)

Discovery (including interrogation and deposition)

Pre-trial conferences.

Trial

Rendering of judgment.

Appeals

Business owners need to know about small claims court that deals with the minor lawsuits concerning everything from nuisance charges to minor money disputes. Generally, it is the first place where litigant will go when there is any kind of business issue.

A class action is another kind of litigation. It means that there's more than one complainant filing a case against you or your business. Usually, when it concerns the general public (toxic waste effects, securities fraud, etc.), the case can be a class action. There are litigation attorneys specializing in class action business lawsuits, and they defend the company and its rights against a group of complainants in the trial.

Business litigation attorneys must have mediation skills. Mediation is where two parties come together, represented by their respective lawyers, in an attempt to reach a settlement. Mediation is usually preferred to avoid a costly litigation.




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