Lawyer Of Business – According to the Cambridge English Dictionary, a litigator is a licensed attorney who practices a legal specialty that deals with organizations or individuals involved in legal matters. These legal issues are usually started to be finally resolved in a court of law. Litigation lawyers professionally represent either a defendant or a plaintiff in an ongoing lawsuit that can be a civil or criminal legal matter.
A Business Litigation Lawyer is a legal professional who applies their training and skills to manage large and small legal issues (primarily lawsuits) that any legal entity or business must negotiate as a regular course of business.
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Business litigation lawyers manage conflicts arising from many different aspects of business. Despite the proximate cause (the immediate cause) of the lawsuit, litigation follows the same procedure. Opposing parties present motions, witnesses, evidence, and statements during the trial process. However, it is noted that in a criminal case the plaintiff is the government rather than a private individual.
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It is essential to emphasize that not all lawsuits are resolved within the venerable walls of a courtroom, many are resolved during pre-trial.
A trial lawyer who specializes in business matters may work directly for a larger law firm or as in-house counsel for a large corporation. However, many experienced, high-quality business lawyers work as self-employed consultants. This tends to happen because most businesses do not (fortunately) find themselves embroiled in legal action often enough to warrant the salary of an in-house, full-time business process consultant.
However, in specific industries – such as the behemoth insurance industry – on staff business lawyers are quite common.
Business litigation lawyers have the potential to face controversial moments in negotiations (or during the regular course of business) and must therefore have the skills to diffuse tensions and work calmly through what can be trying, challenging and unusual moments.
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Business litigators are experienced courtroom participants with the legal confidence and communication skills required by appropriate courtroom representation. However, many business leaders have refined writing skills that seek to resolve legal issues before anyone ever has to enter a courtroom.
Fortunately, business litigators are accomplished and persuasive writers. These talents and skills are often the primary reason that a business litigation matter is resolved at significantly reduced costs. In addition, avoiding a courtroom minimizes the emotional effort and stress for t hose parties to face a trial.
If a company has a situation that requires it to sue for breach of contract, the business manager would be the person responsible for initiating the lawsuit. A breach of contract occurs when a party to a legally binding agreement fails to fulfill the required responsibilities defined in that contract.
The business litigator prepares a written brief that delineates the facts/requirements of the contract and cites the specific areas that the defendant allegedly breached. These documents would include cited case law to support the claim seeking relief.
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As previously noted, many business management issues are resolved during pretrial motions before the matter is brought before a judge or jury. A Business Litigation Specialist provides guidance during this negotiation to help lead their client (the business) to a fair and just settlement.
If the presumption passes without a settlement, a business manager is then asked to represent their client in a court of law.
Andrew Weisblatt represents businesses ranging in size from one-person startup ventures to multinational corporations employing hundreds of people. Early in his career, Mr. Weisblatt was an in-house consultant and chief operating officer of a multinational corporation in the steel products industry. While there, he gained valuable insight into how businesses operate and what they actually need from their lawyers. In 2009, he founded The Weisblatt Law Firm, PLLC. with the aim of creating a dedicated law office that could cater to several clients and provide them with the best in legal services and customer service.
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This website uses additional cookies that primarily help with our marketing efforts. They are not necessary for the site to work. These services include but are not limited to Hotjar, Ad Scripts and Google Analytics. Don’t be afraid to engage legal advice when starting your business; it is wise to have a lawyer who is familiar with your business, and you, from the beginning. As the old saying goes, “Penny wise, pound foolish”. The short-term cost of a lawyer can prove to pay significant dividends in the long run.
If you have not yet hired a lawyer, there are a few things you should consider such as timelines, type of lawyer, the right size of the firm and proximity to your business.
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Ultimately, you and your attorney both want the same thing which is a mutually beneficial long-term business relationship.
However, it is important to know that good legal advice that is helpful for your business can be difficult to come by, especially if the relationship has not yet been formed.
In general, the sooner you build a great and trusting relationship with your attorney, the better off your business will be in the long run.
New businesses should contact business attorneys and get a general understanding of their basic services and rates in consultation to determine if the fit is right. Getting an idea of the law firm’s rates is important so you can budget accordingly and make sure that when their services are needed, you will be able to afford them and feel comfortable.
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Most business lawyers can handle typical training needs. This could include setting up a company or LLP, drawing up a partnership agreement and drafting joint business contracts.
Unless you need a lawyer for very specific purposes, a good lawyer should be able to help you with any long-term advice for your business.
Sometimes small businesses can find themselves a low priority for larger law firms. If the law firm really makes its money representing Fortune 500 companies, large government entities and the like, it can be challenging for the firm to respond to the needs of each individual client.
However, there can be advantages to working with larger companies if your business requires the resources the company can bring. Very complex processes, for example, may be better suited to a larger firm than a solo lawyer, or small firm.
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Regardless of the size of the law firm, be sure to understand in advance who you are working with.
Of course, it’s great to meet regularly face-to-face, but if you prefer to have virtual meetings, phone calls or communicate by email, you can expand your search outside of your geographic location.
In general, before choosing a lawyer, be sure to do some preliminary research and determine when you want to hire and who is the best fit for your business.
Because every situation is different, it is difficult to give a quick answer to questions related to business law. Taking the time to speak with a business attorney at Epstein & Associates about your concerns is a great place to start.
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This blog is provided by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns, contact us now and speak with an expert who can help with business law and planning services. At Duncan, Linton LLP, our Business Law Group reflects the growing diversity of Waterloo Region’s business community. Our firm has acted for businesses at various stages of development, from start-ups to large, successful, multigenerational family businesses, to large private companies and publicly traded companies with national and international reach.
For over 160 years, we have built long-lasting relationships with our clients and advised them on all aspects of managing their ventures. As one of the oldest companies in the region, we are known, trusted and respected in the business community in Kitchener-Waterloo, Cambridge, and across Southern Ontario. We take great pride in our personalized approach to everything. The size of our practice allows us to invest significant time in meeting with each of our corporate clients, and truly understand the nuances of their business, their goals and their ultimate goals. This allows us to create a personalized and adaptive approach to each matter.
The corporate lawyers in Duncan, Linton LLP’s Business Law Group offer us
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