The Role Of Business Litigation Lawyer

Developing a new business is extremely exciting. These days more and more people are turning to the world of entrepreneurship to create their dreams and work for themselves, yet very few businesses consider the legal ramifications that come with developing their own business. Before starting your business, you should look into acquiring an attorney to guide you through the legal landscape. But what does a business litigation attorney do?  

A Business litigation attorney, also known as business litigation lawyers’ job is to come up with solutions to business legality situations. They deal with contracts, liabilities, partnerships, sole-proprietors, and shareholders within a business to ensure the terms that a company must abide by are set. Business litigation lawyers also represent a business when the terms of the contracts made are breached, fraud occurs, and business disputes are handled in front of a judge. 

If your business is in search of a litigation attorney, here are some tips to find the best one and understand the process to acquire one.
 

1. Do your research!

• Their website should have a plethora of information about their time in the industry and the types of contracts they create. A credible attorney will be in your best interest. Experienced attorneys understand what is legally necessary when they produce an agreement between businesses. 
• Ask close family members, friends, coworkers, and other businesses who they used as an attorney and if they have any recommendations.
• Look at the reviews of a law firm or a specific attorney! Assuming they are real reviews will they provide great insight into their successes and ethical behavior of the attorney. 
• Make sure that the lawyer has gone through the proper schooling which consists of a four-year degree and the completion of law school which can be another three years of schooling. Attorneys must also pass their state bar exam in order to practice. 

2. What to expect when a contract/agreement is being formed between your business and another business.

• Meet with the attorney to discuss what kinds of rules you would like to develop between your company and the other company. The attorney will look at the relationship between the two parties and figure out or suggest terms that are sufficient. They are fully aware of the state laws and the legal benefits that both parties can gain when a contract is done correctly.
• The first party must then express the terms of the contract offer to the other party so they can read over and choose to agree or disagree. 
• If the other business agrees to the terms, then you have contracts set; otherwise, the second party could create a counteroffer and see if that is agreed to instead. 
• Each party must give up a service for the other party in order to make the contract fair. An example of this can be giving up labor for work and business giving money for the labor provided. 
• It is important that the contract is extremely clear to prevent potentially losing a court case if you feel a part of the contract was broken by the other party.

3. Breached Contract

• When a contract is breached, the attorney with their client involved can write a demand letter to the other business or contact them to see if a resolution is possible. Otherwise, they go to court and fight it.
• When a contract is breached it also has the option to be disputed in court. The plaintiff and lawyer need to show that there was a legitimate contract in place already.
• A breached contract remedy is what the accusing party gains when it is decided that the contract rules were broken. Remedies include:
• Compensatory Damages: This happens when one of the businesses is guilty of breaking the contract and are required to pay for the damages they caused to the other business. 
• Liquidated Damages: When both parties already agreed to pay such damages during the formation of the contract if there was a breach in the contract.
• Nominal Damages: Where there is no financial loss from the guilty party for breaking the contract. This is because the breach did not harm the other party.
• Punitive Damages: This is when a business breaks the contract in a morally inexcusable way. The court adds additional damages owed by the guilty party. This is the rarest form of damages. 

Some business litigation lawyers can offer legal aid in the following services: 

1. Domain names/websites: Help you set up a proper website and create a special domain name that is unique to your business. 
2. Copyrighting: An authentic piece of work that is illegal to use and take credit for by anyone else.
3. Entertainment Law: This includes music agreements, tv and video rights, internet law, publishing contracts, and athlete representation.
4. Law Primer: Terms and the complete understanding of a patent which is a grant from the government that allows a body of work by the original creator to be illegal to anyone else trying to take credit.
5. Litigation Enforcement and Experience: The assistance of creating contracts and handling disputes legally between two businesses.
6. Florida Deceptive Unfair Trade Practices Act: Identifying deceptive actions brought on by the business and acting accordingly with damages. 

As a business in the works or ready to move up the industry ladder, connecting with different brands and businesses is a wonderful idea; however, you have to provide yourself and your business with a legal safety net for the worst-case scenario. Illegal circumstances can ruin the reputation and credibility of a business. Take all precautions so that your business has room to flourish and that includes investing in an attorney.

Hiring a business litigation attorney is a smart way to begin a new transaction and secure your company’s well-being for the future. Without an attorney, the legal landscape becomes much more difficult terrain to maneuver. By investing your time and resources in the aid of an attorney, you are protecting the integrity of your business and making a more concerted effort to protect yourself from unsightly and detrimental lawsuits.