What Does A Business Litigation Lawyer Do?

Originally published by Chris Feldman.

Business litigation encompasses defending or resolving legal disputes between companies and other parties. In many instances, it is used to describe defending companies accused of misconduct or being sued for a variety of reasons. A business litigation lawyer is a legal professional who is able to manage both minor and significant legal concerns, including lawsuits, that a company may need to navigate as part of their business. Business litigation lawyers can guide and/or represent companies when any sort of conflict arises in different aspects of their day-to-day operations. Our experienced team is ready to help companies in and out of court to obtain the best possible outcomes.

Companies will often employ law firms to help with legal actions instead of having in-house counsel, as most do not find themselves involved in legal action often enough to take on the salary of an in-house, full-time business litigation attorney. Business litigation lawyers have a wide spectrum of professional services they can provide to their clients. Some of the most common include:

• Managing disputes that arise from contract negotiations or interpretations
• Representing a client in a breach of contract case
• Managing strategic business partnership and interconnected business activities
• Employment law consulting, representation, and litigation
• Managing disputes arising from company shareholders’ concerns

Many times, business disputes can be resolved quickly and out of court, which significantly reduces financial costs and emotional stress. In the courtroom, the types of cases handled by business litigation lawyers are often complex. A skilled business litigator will have the patience and knowledge to diffuse these situations and work calmly through what can be challenging and emotional moments.

Alternative Dispute Resolution

If the parties to a dispute cannot work together and reach a solution, we can negotiate the process of alternative dispute resolution. Many contracts require that you initially engage in mediation or arbitration instead of or before taking a matter to court. The most common forms of business litigation alternative dispute resolution are:

• Mediation – Mediation involves getting all parties to sit down with a third-party mediator who is neutral in the matter. The mediator will listen to the thoughts and arguments of all sides and review the situation. He or she will then work to facilitate a mutual resolution among the parties. If the parties can agree, they will need to follow the terms of a mediated settlement agreement. It is important to have legal representation throughout the mediation process. A business lawyer will advise you of your rights, ensure any resulting agreements are in your best interests, and that these agreements are legally binding and enforceable.
• Arbitration – Many contracts include arbitration provisions, in which the parties give up their rights to litigation and instead rely on arbitration to resolve any disagreements. During an arbitration, the disputing parties appear in front of an arbitrator or a panel of three arbitrators. Each party presents its case as they would in court and the arbitrators decide how to resolve the matter. Their decision is binding. While arbitration does resemble being in court, the process is usually faster than litigation. You should always have an attorney representing you during a business arbitration.

Houston Business Litigation Lawyers

Our lawyers have experience representing both plaintiffs and defendants in legal disputes. This is a unique advantage as we have experience on both sides of the courtroom and understand the arguments presented by the other attorneys. Understanding the other side and knowing the weaknesses in their arguments makes a business litigation lawyer well-equipped to counter arguments put forth by opposing counsel. Because we work with a wide variety of clients, we are able to develop comprehensive, personalized arguments that fit the circumstances of each case. Being flexible and thinking outside of the box are essential to securing a favorable outcome for our clients.

Business litigation disputes require strategic and effective legal strategies. The dedicated Houston trial attorneys at Feldman & Feldman are prepared to help businesses of all shapes and sizes. Our legal team passionately pursues each case with skill and tenacity, but without the overhead of a large law firm. Every case is unique and there is no one-size-fits-all solution, so we work closely with our clients to get them the best outcomes. If you are facing any type of business dispute or commercial litigation, call Feldman & Feldman today to schedule a consultation to discuss your case.

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