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Commercial Litigation : What is it?

The term "commercial litigation" includes a broad spectrum of disputes stemming from business conduct. The notion that an attorney who does commercial litigation spends most of his or her time in the courtroom is a creation of Hollywood. Effective courtroom representation requires extensive behind-the-scenes preparation. Commercial litigators spend most of their time outside the courtroom reviewing documents, taking depositions, preparing briefs, and counseling clients.

A commercial litigator is both an advocate and an advisor. Some business people fail to understand the importance that the attorney they retain play both of these roles. Commercial disputes can be time-consuming and costly. A party should not casually initiate litigation. Usually, too much money is at stake to allow emotions to rule over rational judgment. A good commercial litigator should be able to inform his or her client of the benefits and risks of taking a case to trial, and to act as an advisor. The advocacy role should be saved for trial or for settlement negotiations. When retaining a commercial litigator, business people should keep in mind that the best litigator will be an advisor also.

While litigation has become a routine cost of doing business for many companies in this country, litigation is not painless, even for the party that eventually wins the lawsuit. However, it may be necessary to file a lawsuit to resolve a dispute.

It is best to involve a lawyer in the early stages of a business deal. Often, this may make it unnecessary to later try to "fix" something that has gone wrong. Also, our legal system has statutes of limitation that require a plaintiff to bring a lawsuit within a set time or lose forever the right to do so. Different statutes of limitation apply depending on the type of case, or the place where it arises. They have different time periods and different events can start the clock ticking.

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