A business litigation attorney is an attorney who uses their knowledge and skills to deal with many small and large legal matters (primarily personal lawsuits) which any business or corporate entity may have to settle as a routine course of business. These legal matters range from purchasing a company to running it successfully. Many people have heard the expression 'know thy neighbor' but few people really understand what it means and what it refers to in business. If you have ever been personally affected by another person or corporation you know what I am talking about. I'm sure there are some other terms you have heard before in reference to the law, but most of these legal phrases have more than one meaning.
One area of law where a business litigation attorney can be of great value is in resolving commercial disputes. Commercial disputes can range from a difference of opinion about the same issue (like contracting a painting job versus hiring a general contractor) to arguments over whether a product is defective (like deciding whether to sell a product without telling anyone about the defect). One person's 'good faith' defense may seem plausible and reasonable; however, another person's 'bad faith' defense may seem almost desperate. It is here that a competent lawyer can make the difference.
Another area in which a business litigation attorney can be useful is in resolving various common types of partnership disputes. Examples include nursing home abuse, fraud, breach of contract and breach of fiduciary duties. All of these common types of business disputes require that an experienced lawyer is called on to make a legal analysis of all of the facts surrounding the dispute in order to determine which party is best served by granting a particular remedy or avoiding a particular legal issue. This process is often a very long one, and in the case of nursing home abuse this can take several months.
When faced with a variety of lawsuits, many people simply decide to stop paying their bills. While this is sometimes unavoidable, there are other instances where stopping payments would create more legal problems for the defendant. For instance, a business litigation attorney may be needed to determine whether the company's lawsuit against an employee for harassment was brought within the appropriate statute of limitations under the FDCPA. The same would be true if the company tried to sue an employer for discrimination because of the employees pregnancy.
The most common reason for seeking the expertise of an experienced business litigation attorney happens when one party decides to represent itself in a legal matter without the assistance of legal counsel. In this instance, the litigant is not likely to receive the assistance it requires to resolve the dispute properly, and as a result the parties may settle the issue at great expense. Because many businesses have large legal teams, it may seem that they can negotiate out of court without a professional lawyer. However, often the settlement discussed between litigants does not address the real issue or question of whether or not the claims have any legal merit. Without legal counsel, a business might not be able to obtain the necessary witnesses to corroborate their version of events, and without the representation of counsel, they may be unable to obtain witnesses who will stand by their side during deposition. Ultimately, without legal counsel, a business could end up paying far more than they need to for legal assistance. Check out at https://www.hayeshunterlaw.com/sole-proprietorship
Additionally, business litigation attorneys are useful when one party is trying to enforce FDCPA laws. Under these laws, businesses must seek the assistance of a registered attorney before taking any action in federal court. Often, an employer will choose to represent themselves in local court proceedings, which puts them at a severe disadvantage when it comes to securing FDCPA compliance. A business litigation attorney can help a client mount an effective legal defense against an unfair employment practice, and ensure that the client receives the compensation they deserve. This service is often invaluable for small businesses that do not have the funds to hire an attorney on their own, but who need legal assistance in their workplace. Click this link now!