When someone starts a business, the process usually begins with a passion, a niche to be filled, or an innovative invention. Rarely do entrepreneurs focus on legal topics like litigation when they sit down to draft a business plan. The simple reality is that litigation can be a significant part of day-to-day activities for large, successful businesses. When entering the business world, you must prepare for the legal challenges that will inevitably follow. You can turn to a trusted litigation specialist in times of need, which is fundamental to developing any business. The litigation special will allow you to protect yourself, your assets, and your life’s work as an entrepreneur.
A litigation attorney can have many possible specialties, depending on the types of clients and cases they work. In this blog, we will focus on the role of litigation attorneys representing clients in the business world. A litigation specialist is any attorney who primarily works with plaintiffs (the party bringing legal action against a defendant.) a business litigation attorney is any lawyer who specializes in filing lawsuits on behalf of businesses. The defendants in these cases could be individuals or government bodies but often tend to be other businesses. Lobb & Plewe, LLP is an example of a high-powered, experienced business litigation attorney.
How Business Litigation Works
Business litigation is a vast and complex field, where each case must be analyzed objectively on its own merits. There are countless different types of businesses, and many potential legal issues can arise in any one of them. Despite this significant variance, each business litigation case will follow the same basic outline:
- Opposing parties (litigation and defense) present their motions to the court
- Witness statements and other forms of evidence are presented to the court
- A judgment is reached
Often, business litigation cases may not ever make it into a courtroom. Many legal issues between business entities conclude outside a courtroom via settlements rather than being decided by a judge. Settlements will lower the time spent in court and reduce the legal costs involved with the case. Often, a settlement is in the best interests of every party involved.
Business litigation lawyers may work out of a private law firm that provides business litigation services to companies as needed. They may also be hired directly by larger corporations as a salaried employee. Law firms specializing in business litigation and staff attorneys hired directly by companies are standard models. Whether a company will be better off retaining the services of a private attorney or hiring a staff litigator depends on the size of the operation and its specific legal needs.
The Role of Business Litigation
What a business litigation lawyer does will depend on the nature of your business and your specific legal situation. However, there are many possibilities, even within the narrow scope of business litigation cases. Here are some common roles that business litigation specialists take on:
- Lawsuits resulting from breached contracts
- Filing cease and desist orders when competitors or peers misuse your intellectual property or proprietary designs
- Licensing agreements
- Determining if libelous or slanderous comments about your operation meet the criteria for legal action (and pursuing that legal action if needed)
- Misunderstandings, discrepancies, or other conflicts in contract interpretations
- Suing business partners/former business partners for wrongdoing
- Disputes arising from shareholder concerns
- Disputes originating in employer/employee relationships (for example, responding to a wrongful termination lawsuit)
- Preparing briefs and other legal tools
- Reviewing and revising contracts to preempt the need for litigation
- Pursuing out-of-court settlements in the best interests of the company
- Gathering evidence and developing airtight legal strategies for matters that do go to court
- Helping to smoothly process mergers, buy-outs, and other large, complex corporate transactions
- Assisting in any legal situations resulting from tax issues
An effective business litigator has many skills, from courtroom oration to researching precedents for complex cases and even persuasive legal writing. If you are looking for a business litigation team that hits all the necessary notes, look no further than Lobb & Plewe, Attorneys at Law. They will be your trusted partners for business litigation in Corona, Temecula and Las Vegas and beyond.
Frequently Asked Questions (FAQs) about the Business Litigation Attorneys
Q: What do litigators for business do?
A: A genuinely qualified business litigation attorney will be a full-service, end-to-end partner in business activities and legal situations. A business litigator is usually someone who specializes in suing other companies on behalf of their employer or client. A business litigator’s specific activities will vary greatly from business to business and daily. Most of their work will be done outside the courtroom in document preparation, contract review, and other day-to-day tasks that help protect your business.
Q: Do I need to hire a litigator for my business?
A: While no law requires any business to have a litigator on retainer or staff, having one available is helpful for many companies across all different industries. Even if your business does not usually require legal services, it only takes one situation to turn your smoothly operating business into a full-time legal headache. Having a skilled business litigation attorney on your side is the best way to prepare for this possibility.
Q: What does it mean to litigate something?
A: “Litigation” is most simply defined as the act of bringing a lawsuit against another party. While “litigation” often conjures up images of courtroom dramatics, many business litigation matters settle out of court. Business litigation specialists are named because they are experts that businesses can turn to when they need to get legal action against a competitor, a former employee, a client in breach of contract, a government agency, or some other party.
Q: What are the four basic litigation stages?
A: Legal cases are complex and multi-faceted, and there are many models by which people try to simplify them. A four-step framework that most litigation matters will adhere to consists of the following:
- One party brings a motion against another, and pleas are taken
- Evidence is gathered through the discovery process
- A trial is held, if necessary
- A judgment or settlement takes place; if necessary, an appeal also occurs at this step, potentially restarting the process in a different court venue
Lobb & Plewe, Attorneys at Law: Your Trusted Partners for California Business Litigation
If your company needs a powerful litigator to have your back and manage your legal affairs, Lobb & Plewe, Attorneys at Law, have the experience and tools necessary to develop a winning legal strategy for whatever situation you face. Contact us today to learn how we can help.