Tuesday, July 19, 2011

Business Litigation Attorneys - What Role Do They Play In Business Disputes

Author:

Dylan Ross

Business litigation attorneys are also called 'litigators' or 'trial lawyers.  Businessmen who have problems with other businesses come to them for legal consultation.  It is either they are interested in suing a person or they themselves are getting sued.  When you approach a litigation attorney, it is not that you will go to trial right away.  Therefore before your start the process with a lawsuit, there are several tasks that an attorney should perform.  He should first begin the process of reviewing all the circumstances and facts that surround the persons or businesses involved.

This is the preliminary investigation process. This task includes locating witnesses, gathering documents, interviewing the client and other works that need to be done. Then the business litigation attorney will study these facts and at the same time determine the weakness and strengths of the other party.  If the dispute needs to go to court, he will represent his client's interest in court.

The client, if he is also the plaintiff, the business litigation attorneys will determine if there is enough evidence to file a lawsuit.  This is to ensure that the client has an excellent chance to win the case.  It is also important that the person or business his client is suing has a decent amount of assets so there is no problem to collect the judgment at the end of the case.  Now if the client is a defendant, then he must determine what evidence he can get to defend his client from a potential suit. The business litigation attorney should seriously consider what counter punches he can throw and when he should throw them.

When a case between more than two people or businesses is brought to the business litigation attorneys, they first try to resolve the problem through negotiations on terms that will favor their client.  They make phone calls, write letters, file liens and conduct intense discussions. But when the dispute cannot be resolved prudently, and litigation becomes necessary for the best interest of the client, then a business litigation attorney will aggressively represent his client in court.

Most cases between businesses never reach the trial stage. Business litigation attorneys often engage in pre-litigation discussions to resolve the issue before the filing of a lawsuit, or anytime during the life cycle of the litigation.  Both parties usually agree for settlement so they can eliminate the risk and the cost of trial. Some business lawsuits where a business litigation attorney can help you are fraud, breach of contract, negligent representation, intentional interference with contract, libel or slander, trade secret violations, breach of contract, economic duress, and injury to personal or real property.

If you want to find a business litigation attorney for your business problem, it is easy to find them online. You just type your zip code on the space provided for and you will be referred to business litigation attorneys within your area. Doing the search online is more convenient and will not cost you anything, and this is important because you need to save money if you expect that your problem will reach the courts.  If you find a good litigation attorney, you may be able to settle the issue in your favor.

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Article Source: http://www.articlesbase.com/law-articles/business-litigation-attorneys-what-role-do-they-play-in-business-disputes-5042736.html
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