Business litigation is the process of resolving disputes that arise between companies and aggrieved parties. These legal issues arise when a person accuses a company of gross misconduct or negligence. However, there is also commercial business litigation that involves two or more companies. In both cases, the role of a business litigation attorney is to act as a go-between in the lawsuit and offer their expertise to try and resolve the conflict. According to a business litigation lawyer in Las Vegas, many people prefer to settle business litigations out of court because of the costs involved with lengthy court cases.
What Does a Business Litigation Lawyer Do?
Investigates and Assesses the Case
When a plaintiff brings the case to a business litigation lawyer, it’s their job to look through the case and evidence presented, and determine if the case holds water. If the case is strong, then he informs the plaintiff that they can file the lawsuit. However, if the case is weak, the lawyer might first try and gather more evidence, but if that’s not possible, he may advise the plaintiff not to go ahead with the case.
He may also have a defendant as a client, and their role is to determine if the accusations against them are strong. The lawyer will listen to the client, look for witnesses, and get their statements from them, get relevant documents about the case, and look for the cause of the dispute.
Draft Motions or Pleadings
Motions and pleadings are important documents that must be filed in court on behalf of the plaintiff and the defendant. Since none of the parties involved are experts in legal matters, it’s the job of their lawyer to file these documents for them.
The plaintiff’s lawyer is the one to present the case; therefore, they file summons and complaints. The defendant’s lawyer answers the summons and can file counterclaims on behalf of their client. Depending on the evidence, pretrial motions are filed to dismiss motions or evidence.
Discovery Process
A business litigation lawyer is heavily involved in this process because this is where all parties involved in the case share relevant documents about the case. They can give a list of written questions for the other party to answer called interrogatories or oral questions for the opposing team called a deposition. Both of these methods are done under oath under the penalty of perjury.
This process is useful because the lawyers of the parties involved have adequate time to analyze the information provided and have their experts collect and examine the evidence used in the case. This is the case-building stage of the business litigation process.
Pre-Trial Duties
Before the trial begins, a lot of preparation goes into making sure both parties are prepared for court. The lawyer communicates with his client and advises them on what they will do. They will confer with the opposing counsel through pretrial conferences. They will secure expert witnesses’ services and map out strategies that will be used based on the information gathered about the case.
Trial
After jury selection, the lawyer sets the theme of the case on their opening statement and bases their entire presentation on it. As the plaintiff’s lawyer, he focuses on the strength of their case, and as the defense’s attorney, he deconstructs the case presented. They present the evidence, examine and cross-examine witnesses, and let the judge and jury decide.
Settlement
Some cases don’t go to trial, and the lawyers settle the matter at any stage before the trial stage. They negotiate, mediate, and create documents that detail the settlement reached.
What Is the Benefit of Having a Business Litigation Attorney?
The legal process can be tedious and complicated; that’s exactly why hiring a person with experience in the field is a good decision. They will speed up the process and help you get the fairest compensation you deserve. For defendants, they argue out the case in court and will minimize the pay-out you will pay to the plaintiff.
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