Any time you have disagreements between you and your business partners, or in the course of your business, you need to seek the services of a commercial litigation attorney. They specialize in the branch of business law which is litigation law. They are normally asked for whenever there is need for someone to take care of a situation in which a contract has been violated, or a dispute has started between business partners, or the business owners and their shareholders. This law is also applicable in collections. In it, you can hire a commercial litigation attorney to begin legal proceedings for attaching assets or bumped up wages, which becomes part of the collection process. They shall work for either plaintiffs or defendants. You will not easily find them doing other transactional cases, like submitting registrations, or incorporations of businesses.
They find a lot of work on some legal issues. Their clients normally have many issues that need their input, or disagreements that cover contractual agreements, all the way to multifaceted real estate disagreements. Lawyers specializing in this type of law normally handle such types of cases exclusively, even if they fall under the scope of business law. They do not do other things under business law. If you go looking for a commercial litigations lawyer in a firm that does not have one; they will refer you to a firm that has.
A commercial litigation lawyer who is proficient in his/her field normally has a large chunk of experience in trials. It is their usual intention to have such disagreements handled outside a court of law. If this is not possible, they will rely on their experience as trial lawyers to argue and win the case, along with the evidence presented. They shall proceed by preparing for the case, then go to court and argue their side, and if they are not successful, they shall file an appeal. You will find some litigation attorneys charging on an hourly basis, and others on a flat rate basis for their legal fees.
In some cases, they shall represent a defendant or a plaintiff in a legal malpractice case. In such cases, the petitioner has to show the court how the lawyer they has in their case was not good enough in handling their case through their services. There has to be proof that as a result, the petitioner suffered loss. Showing the presence and extent of the harm is not enough. They have to show that had the lawyer done their job, none of it would have happened. Cases that concern legal malpractice are under the category of commercial litigation, as the lawyer being put on trial has provided legal services to the petitioner, which qualifies as a business.
Jeffrey Benjamin has proven to be a great commercial litigation lawyer.