Neha Tiwari in Real Estate Law, General Law, Law / Lawyers Oct 1, 2020 · 3 min read · ~100

What is the Role of Commercial Litigation Lawyer in Business

When you are running a successful business, it is only natural that some disputes become inevitable and you start looking for commercial litigation lawyers Melbourne.  At times, the dispute may relate to the premises you have leased to run the business and that means you should be looking for a commercial lease dispute lawyer as opposed to commercial litigation lawyers. There can also be instances when commercial property lawyers make a better fit to prosecute your case. 

What is the Role of Commercial Litigation Lawyer in Business

Choosing the best lawyer or law firm

Many of us have seen TV shows wherein lawyers are seen spinning stories, screaming loudly or gesturing wildly. But, when things to move into a real court hall, things are entirely different and all the screaming and gesticulations cannot win a case apart from the fact that such conduct is not permitted by the judiciary.  Undoubtedly, the lawyer or law firm you engage to fight the dispute must be eloquent in presenting your side of the case before the court, but there are many other characteristics and skills that are essential to winning litigation. In the first place, the commercial litigation lawyers representing your interests should be thorough with the subject matter. Akin to engineering or medicine there are multiple areas of specialization for legal studies and legal practice. Therefore, if someone with significant experience in criminal law or family law is entrusted with your commercial dispute, the results can potentially be disastrous for you. 

Gain an understanding of the process of commercial litigation

Even before you set out finding your commercial property lawyers or commercial lease dispute lawyer, it helps to gain a basic understanding of what you are about to start and set your objectives from the litigation. Consider the documentation you have to support the stand you are taking and examine your chances of emerging on the winning side. If the documentation is weak, the opposite side can pick holes with great ease and you can end up on the losing side.  In other words, you must first convince yourself that you have a strong chance of winning the suit. 

Examine the skills, knowledge and attributes for commercial litigation lawyers Melbourne

Once you are ready with all your documentation in one place and have studied them in great detail, the next step is to understand what attributes, skills and knowledge you need to look for in your commercial lease dispute lawyer or commercial property lawyers. If significant damage has already been caused, how soon can your lawyer reverse the damage or arrest further damage by obtaining a status quo ante order or similar legal relief?  A status quo order from the court can ensure that the opposite party does not continue with any coercive action. Another consideration before you would be the length of time that could be needed to find a binding and final resolution to the dispute.  If several months or even years are consumed in the litigation, it can potentially cost you a tidy sum of money, apart from the attendant stress and your ability to devote time for other important business needs.  At this stage, your lawyer should give you a broad time frame and overall cost of proceeding with the litigation. Do remember that apart from the fee charged by your lawyer there can be various other associated expenses which will balloon your overall cost. 

Project management

When you have a complex and large commercial litigation on hand, your lawyer or law office would need to be adequately equipped with a team of junior and senior solicitors, legal assistants, valuers, consultants from different streams and others to efficiently and critically analyse various aspects of the litigation. Therefore, your commercial dispute lawyer or law firm should also demonstrate project management skills, particularly because complex litigations can consume several years before a resolution is available and the legal team should follow the developments on a continuous basis.

Communication

Communication between you and your law office gains great importance once you commence the litigation. If you are working with a larger law firm, the law firm should designate a specific individual who will liaise with you on an ongoing basis, updating you on the progress achieved, any additional documentation needed and generally ensure that communication is always prompt and timely.  The individual and the law office should be fully conversant with the rules governing the litigation and comply with various requirements of the court in time.  Similarly, you should also be updated on possible defences that would be put forth by the opposite party and measures to be instituted to counter the arguments.

Cost of litigation vs. Potential gains

A good law firm will examine exhaustive details of your proposed legal action and consider the cost of litigation vs your potential gains. If your financial gains from the litigation pitch lower than the cost itself, you may be advised to follow a conciliatory path and subject to your will, your lawyer can initiate conciliatory action and work towards resolving the issues outside the courts. At times, this can be a more desirable approach, particularly because your lawyer can dispassionately analyse your differences with the opposite party and examine your chances of winning.  This approach can also save you a significant amount of time, money, and stress. 

Trial Lawyers

Once you are convinced that litigation is the singular option before you, you should also ensure that your trial lawyer is fully involved in the commercial trial, and more so if the trial runs for several weeks. Your lawyer should be able to put the trial ahead of everything else and dedicate himself to winning the trial.  Nothing else like social life, holidays or vacations should interfere with his focus and preparations. Heading into trial, your lawyer may also want to spend considerable time with you going over different aspects of the litigation, the evidence and materials that the defence has arrayed,  examine the merits and demerits of such evidence so that he can rehearse his pleadings several times to ensure that everything moves with clockwork precision inside the court hall. 

Conclusion

Your lawyer plays a significant role in winning your case since you will have little or no opportunity to present your case before the judges. It is your lawyer who presents the case and any shortcomings on his part can materially impact the outcome.




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