A commercial litigation attorney represents companies in lawsuits, from product liability to employee disputes. They may work for a law firm or as in-house counsel. They initiate or respond to court actions and negotiate settlements or represent clients in court.
A commercial litigation attorney represents companies or other commercial entities that engage in litigation. Litigation refers to any type of lawsuit, from a product liability lawsuit to a disgruntled employee lawsuit to an Internal Revenue Service or enforcement agency lawsuit. A commercial litigation attorney may work for a law firm hired by a corporation or he may work as an in-house counsel for that corporation. Most of the time, though, these attorneys are outside counsel, as most companies don’t get involved in litigation often enough to require in-house counsel. Certain exceptions exist, however, in the insurance industry and other industries where litigation is a common occurrence.
Litigants represent clients in lawsuits or bring claims on behalf of their clients. This means that they are responsible for initially initiating or responding to the process. The court action involves writing a brief for the court that explains the facts of the incident, the law that supports the right to recovery, and the case law and precedent showing why the court should determine that recovery is appropriate.
For example, if a company wants to sue for breach of contract, the lawyer would explain the facts involved in writing the contract and the breach. The attorney would cite the specific area of contract law that proves the other party has violated. Then the attorney would cite past case law that shows how similar behavior was considered a violation.
Once the motion is filed, the litigation attorney involved in the case will move through the other steps of the trial process. This involves discovery, during which information is requested and shared with the other side. Pre-trial moves are also made; these are motions or formal requests by the court to take various actions, such as compelling the other side to hand over information or asking the court to dismiss the case for lack of evidence.
Often, the case will be resolved sometime during this pre-trial stage. If this happens, the commercial litigation attorney will be responsible for negotiating a fair settlement in which one side agrees to pay the other side money. If the case is not resolved, the commercial litigation attorney will represent his client in court, arguing with the judge or jury on his client’s behalf.
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