Many people are unsure about the difference between commercial litigation and other types of civil law. Civil litigation typically involves a lawsuit between two individuals.
Through a civil lawsuit, a plaintiff can seek monetary compensation from the defendant. When you have been harmed because of another person’s actions, you may have the right to file a civil lawsuit.
But commercial litigation is a distinct form of civil law. Commercial litigation attorneys typically handle cases involving disputes between multiple businesses.
In some ways, commercial litigation is different from traditional civil lawsuits. However, they also share similarities.
Below, we will discuss some of the most important issues related to commercial litigation. We will also explain how to find the best commercial litigation attorneys near you.
When you need legal representation for your company or business, look no further than the firm of Morgan & Morgan. Our skilled commercial litigators know what it takes to protect our clients’ interests.
Commercial litigation can be particularly complex, which is why it is crucial to contact a seasoned legal professional. To schedule a free legal consultation regarding a potential commercial lawsuit, fill out the contact form on the Morgan & Morgan website.
Similarities Between Commercial and Other Civil Litigation
In general, the process of a commercial litigation suit is the same as other types of civil lawsuits. The stages of civil litigation may include the following:
- Securing the services of a legal professional
- Conducting investigations regarding the dispute
- Researching the relevant laws and statutes
- Crafting and sending demand letters
- Negotiating toward a settlement with the opposing party
- Drafting and filing a lawsuit
- Conducting discovery
- Trying the case before a jury or judge
- Filing relevant post-trial motions
In the case of a dispute between businesses, commercial litigation attorneys will manage these elements of your lawsuit. If you believe that you have a strong commercial litigation case, contact Morgan & Morgan as soon as possible.
When you enlist our skilled legal team, we will handle all of these aspects of your case. This allows you to focus on recovering from the harm that was done to you.
Differences Between Commercial and Other Civil Litigation
There are also differences between commercial litigation and most other civil lawsuits. The primary distinction is that commercial litigation cases involve business entities rather than private individuals.
As a result, commercial cases typically involve very specific legal issues. Commercial litigation attorneys have extensive knowledge of the laws surrounding relevant business practices, contract law, and relevant regulations.
Commercial lawsuits are sometimes filed in federal court, while many standard tort claims are filed in state courts. These instances of litigation may be class-action or multi-district lawsuits.
Class-action cases involve many plaintiffs who have sustained the same type of harm. These cases can last for years and take much more time than other types of civil lawsuits.
Common Examples of Commercial Litigation
There are many diverse categories of commercial litigation. Some of the most common examples include the following:
- Antitrust cases
- Bad faith claims
- Breaches of contract
- Breaches of fiduciary duty
- Class-action cases
- Debtor/creditor disputes
- Employment and labor lawsuits
- Insurance-related claims
- LLC member disputes
- Partnership lawsuits
- Cybersecurity and privacy cases
- Securities litigation
- Tax-related claims
- Shareholder disputes
- Unfair competition cases
This is not an exhaustive list. These are only a few of the most typical types of cases handled by commercial litigation attorneys.
Any dispute that arises in a business context may require commercial litigation. Because of the complexity of these disputes, it is vital to secure the services of a knowledgeable legal professional.
In today’s business environment, hiring commercial litigation attorneys is a critical way to protect your assets and interests. When a company faces the threat of a lawsuit, having an effective legal strategy is key.
Commercial disputes have the potential to cause long-lasting damage to businesses. A seasoned litigator will help you map out a strategy that works in your best interests.
This will give you the highest likelihood of a positive outcome in your case. The legal approach that is best suited to you will depend on the nature and specific facts of your commercial lawsuit.
The Changing Landscape of Commercial Litigation
The context of commercial litigation is constantly changing. The nature of commercial lawsuits may be affected by the following factors:
- The current political administration
- Relevant rules and regulations
- The current state of the national economy
- Recent court appointments
- Ever-shifting U.S. federal law
As a result, commercial litigants must stay up-to-date on the most recent changes that influence these lawsuits. These attorneys need to be adaptable to and informed about new changes.
Newly developed technologies also influence commercial litigation. Online commerce raises new and interesting questions about the types of disputes that can arise in business contexts.
For example, many companies that traffic in information file lawsuits regarding digital intellectual property, trade secrets, and data contracts.
Even if you know that you need to hire a business lawyer, you may be unsure about where to find the best commercial litigation attorneys. Below, we will discuss some strategies for securing the legal services that you need.
How to Find the Best Commercial Litigation Attorneys
When you need to find a business lawyer, there are several important steps to take. Most people do not have experience in finding the right attorney for them or their business.
Consider the following issues when you need a commercial litigator:
If you are a business owner or operator, you might choose to ask others for a referral. Oftentimes, business owners or other stakeholders will be able to provide insight into what it is like to hire a particular firm.
Regardless of whether you get a referral from another business owner, it is critical to research your options online. Do not simply choose the first firm that appears when you search for “commercial litigators.”
It is vital to read reviews from former clients. There are many different websites that provide this information.
Do not read only the reviews on the firm’s own website. These testimonials are often curated to present the most positive perspective of the law firm.
Instead, look at reviews from a wide range of sources. This will allow you to learn about the positive and negative experiences that former clients have had.
Every law firm will have some negative client reviews. Still, you should never hire a commercial litigation firm about which most prior clients speak negatively.
Hire a Legal Specialist
This tip is important in any type of civil dispute. But in the case of commercial litigation, it is especially critical to hire a legal specialist.
Commercial litigation cases involve many nuanced and multifaceted legal issues. Because of this, having an attorney with experience in business law is essential.
Hiring an attorney with little-to-no experience in the type of lawsuit that you are facing will increase the chances of a negative outcome.
The accomplished commercial litigators at Morgan & Morgan understand what it takes to successfully represent clients in business disputes.
Schedule a Legal Consultation
Many law firms will provide new clients with legal case evaluations. During this meeting, you can discuss the facts of your commercial litigation case to determine whether the firm is right for you.
This initial consultation is an excellent opportunity for you to ask any questions that you have regarding your commercial lawsuit or the general legal process. This type of consultation is also available for other types of tort cases.
Before you attend the consultation, make sure to bring a list of any questions you have. This will help you ensure that you use the time in the best way possible.
Some of the most common questions that commercial clients ask include:
- What is your firm’s success rate?
- How long have you been practicing law?
- Have you handled commercial litigation claims before?
- How long do you believe this case will take?
- Do you think I can win this lawsuit?
- What will be your negotiation strategy?
- What is the value of this claim?
- What are the next steps after this meeting?
- How does your firm handle attorneys’ fees?
These are only a few examples of the types of questions relevant to your situation. Make sure to write down any issues or concerns that you have regarding the particularities of your commercial litigation case.
At the firm of Morgan & Morgan, we will happily provide you with a no-cost consultation to discuss your claim. You will never face pressure to hire our firm, and we will help you determine the best legal path forward.