7 Key Roles Played By A Corporate Commercial Litigation Lawyer

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corporate commercial litigation lawyer

Running a business is a complex job where company management has to handle numerous tasks at once. Managing an enterprise involves keeping track of not only the operations and marketing campaigns but also the discharging of legal duties. While most legal liabilities are related to compliance regulations, some of them are linked to litigation because of disputes and other issues. A corporate commercial litigation lawyer is entrusted the task of handling these responsibilities for the business. They have to represent the company as a defendant or a plaintiff depending on the nature of the case. However, the duty of such attorneys does not begin and end with the appearance in court. Their job starts much before the trial and sometimes does not end even after it. Here are the key roles played by corporate litigation attorneys while helping a business.

1. Evaluating The Merits Of A Case

The job of litigation attorneys starts with the beginning of a dispute between their clients and another party. Let’s explain this with the help of an example. An auto-manufacturer finds out that the steering component it was sourcing from a vendor is sub-standard. When it brings it to the notice of the supplier, that entity refuses to replace the part in question. Now a legal practitioner will evaluate the merits of the case to establish whether filing a lawsuit will be beneficial or not. The professional will take into consideration all the material like the agreement between both parties that includes a clear description of the nature of the steering components. The attorney will check what the clause for dispute resolution says. Once a lawsuit is filed or a legal notice is sent, the vendor will also hire an attorney who will also conduct a similar assessment but from the point of view of a defendant.

2. Exploring The Chances Of A Settlement

The skills of corporate litigators not only lie in navigating a client successfully through a trial. The best attorneys are those that help their clients avoid a long litigation process. Before moving a court to admit a lawsuit, the legal practitioners explore various options to reach a settlement with the other side. In case, they possess strong evidence against the opposition, they can bring them to the negotiation table and share some of it with them. This tactic is used to convince the other party that a settlement will be a better option than a battle in court. In case, both sides reach an agreement, the lawyers will be entrusted with the duty of drafting a watertight document to formalize the settlement.

3. Filing Claim/ Response In A Court

Corporate commercial law firms are hired by businesses to file claims in a court of law or other statutory bodies. The attorney for auto-manufacturer in the example mentioned in the above point will prepare and submit a complaint in the court. She will plead that her client be allowed to bring a lawsuit against the erring vendor. In case, the court accepts the pleading and allows the lawsuit, then a notice will be sent to the supplier. The lawyer hired by that company will be responsible for filing the response to the suit. The professional will collaborate with the vendor to understand the charges mentioned in the lawsuit and then draft a response to them.

4. Exchanging Information With The Opposite Party

One of the most important roles played by a corporate litigation lawyer is during the pre-trial phase of discovery. Once a lawsuit has been admitted into the court, both sides exchange relevant information with each other. In order to get access to valuable details, sides look to hire the best corporate law firms as they are adept at using the various methods needed in the process. Legal practitioners can ask the other side to answer to written or oral questionnaires under oath. They can also ask them to provide important documents that are related to the case. The auto company of our example can also ask to be shown the steering component samples used by the vendor for testing.

5. Developing An Effective Strategy For The Trial

Litigators are responsible for formulating an effective strategy for the trial. Once all the relevant information has been discovered, both sides get possession of all the vital material needed for preparation. They have to go through all the documents and other details to unearth facts that can be used as evidence. This is a critical phase as adopting the wrong approach can be detrimental for their client even if the entity is right. They have to back up their claims with hard evidence that will be admissible in court. They have to ensure that the list of witnesses includes all the key individuals that are needed to establish their claim.

6. Representing The Client In Court

Lawyers assume center stage once the trial of a case begins in court. The judge presiding over the case will now hear their arguments. Attorneys have to ensure that their arguments are based on facts and are convincing. They have to make sure that all the events or facts are presented in a coherent manner that explains their client’s side to the judge. It is their duty to examine and cross-examine the witnesses of both sides and present testimony and evidence at the right time in front of the court.

7. Filing An Appeal After An Unfavorable Judgment

A litigator’s job does not end with the delivery of a verdict by the judge. In case, their clients are on the receiving end of an unfavorable judgment, they will have to draft an appeal against it. The appeal will be filed in a higher court and it will explain why the decision was incorrect. Attorneys’ have to include evidence that supports their claims about the inconsistencies that occurred during the trial. Once the appeal against the verdict is admitted by a higher court, the attorney will have to prepare a fresh litigation strategy for the road ahead.

Conclusion

Disputes are unavoidable for business enterprises and they can be drawn into lawsuits due to many reasons. Companies caught in such situations must hire a skilled and experienced corporate litigation lawyer to improve their chances of winning a favorable judgment.

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