08 September 2012

Business Litigation Law- What is It?

By Johnny Wilson


The threat of being sued is always there. And more than the ordinary citizen, you open yourself up to litigation if you own a business. People are just happy to sue whenever there's a chance. Hopefully you won't experience it. But just in case, there are many attorneys specializing in business litigation laws; either to defend those being sued or to prosecute or file a lawsuit against a business.

A business attorney may be needed to draft business contracts, rental contracts, or employee contracts for businesses. In the event of the sale or merging of any company, the attorney will be on hand to draft documents required to acknowledge the sale and complete the transfer of assets in an orderly fashion. In short the work of the attorney is making surety of any kind of transactions whether personal or business are conducted in a manner that is in full agreement with the laws of the land and can be considered proper and binding.

When the legality of the steps undertaken in finalizing the business contracts are questioned, a litigation is necessary to settle it. The process is usually like this:

Initial pleading is filed.

Filing of motions. Motions are requests coming from the lawyers asking the judge to do something, eg. motion to admit evidence, etc.

Discovery, which includes interrogation and deposition.

Pre-trial conferences.

Trial proper.

Rendering of judgment.

Period of appeal.

For your information, we have a small claims court that deals with minor lawsuits ranging from nuisance charges to minor money disputes. It is usually the first place litigants go to if there are business issues to settle.

Another kind of litigation that can happen is class action suits. Class action litigation means that there is more than one complaint filed a lawsuit. Any type of cause from toxic waste disposal to securities fraud can be a class action case. A litigation attorney may specialize in handling class action business lawsuits and he/she represents the company and its rights against a group of complaints in a court trial.

One skill that a business litigation attorney must have is mediation. Mediation is where two parties come together in an attempt to reach a compromise. Mediation is usually preferred to avoid the high cost of litigation when the case is elevated to the court. It is better to have the case be resolved in the mediation level.




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