If you operate a business, you may at some point find yourself dealing with commercial litigation. Whether you are the one taking legal action or someone else is filing a lawsuit against your business, you must hire a commercial litigation lawyer. If you’ve never had to do this before, here are some things you should consider:
Throughout your case, you will need specialized assistance. But there is no way a single lawyer can be an expert in all areas of law. So, while any licensed and registered lawyer can represent you in commercial litigation, it is best to hire a lawyer who has at least several years of experience practising in this specific area of law.
An experienced commercial litigation lawyer will possess a wealth of knowledge and skill to deal with specific matters like partnership and shareholder disputes and commercial leasing issues. If an employee has breached a contract such as a non-compete agreement, non-disclosure agreement or any other type of contract, a commercial litigation lawyer can help. A commercial litigation lawyer will also defend you against product liability, premises liability, and employment lawsuits and will handle other matters.
Interpersonal and communication skills
When searching for a commercial litigation lawyer, find one whose demeanour makes you feel comfortable speaking freely with him or her about the legal problems your business is facing. Any commercial litigation lawyer you are considering should also communicate with you in a way that is clear and easy to understand. Additionally, the lawyer should demonstrate that he or she is a good listener. Furthermore, the lawyer must be able to properly understand the issues to provide appropriate guidance.
Terms of Agreement
When you decide to hire a commercial litigation lawyer, that lawyer must provide you with a retainer agreement. This agreement should outline exactly what work the firm agrees to do as well as all fees and charges. Once you sign a retainer agreement, it is a legally binding contract. So, ensure you read the document carefully before affixing your signature. If there is anything you do not understand, do not hesitate to ask the lawyer to explain. If the firm refuses to provide you with a contract, find a different commercial litigation lawyer to handle your case.
When considering a commercial litigation lawyer to hire, search public databases to see if you can find court records of cases the lawyer has been involved in. Commercial litigation lawyers often settle before a case makes it to trial and sometimes decisions are not recorded. However, the lawyer should have defended at least one matter in court.
When you find this information, note that losing a case does not necessarily mean the lawyer is not capable. Therefore, you should look beyond the decision to read the judge’s comments about the lawyer and his or her conduct. See whether there was any criticism regarding the lawyer’s ethics, diligence, and/or competence. For cases in Canada, you may search The Canadian Legal Information Institute’s databases.
Are you searching for a commercial litigation lawyer in Vancouver?
Do you have a legal matter that requires the help of a commercial litigation lawyer in Vancouver? If so, contact us at Samuel Osei Law Corporation. With a robust corporate and commercial litigation practice, we will handle your matters ranging from simple debts to complex multi-party commercial actions. If you are not currently facing legal matters, we may still be of value to your business. We can provide legal advice that can help you avoid litigation in the first place. Give us a call today.