What is a Business Litigation Attorney?

Daphne Mallory
Daphne Mallory
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A business litigation attorney represents clients in civil lawsuits resulting from business disputes. This type of lawyer is often called a commercial litigation attorney, and there is little distinction between the two. Business litigation often involves disputes between shareholders, partners, employers and employees, and competitors. The main area of law that all the conflicts fall under, and what attorneys and judges will look to in order to find relevant case law and statutes, is business law. It is not uncommon for business litigation attorneys to handle debt collection for clients in connection with their business.

Many of the cases handled by a business litigation attorney involve a dispute over a contract. The contract may call for parties to go to arbitration prior to or in lieu of filing a lawsuit in a civil court. A business litigation attorney is often prepared for both scenarios, and is ready and able to settle the case if it benefits his client and there is an opportunity to do so. Some business litigation attorneys will also draft agreements for clients suing or being sued, to prevent future legal difficulties. Drafting contracts is not the main focus of a business litigation attorney, but it is a related service that the attorney will usually provide in order to be helpful.

Landlord and tenant issues often make their way into business litigation matters when business owners own commercial buildings. A business litigation attorney may represent clients in commercial real estate matters, such as tenant evictions and liability claims for personal injury on the premises. Disputes over breach of lease agreements may arise, and the attorney can commence an eviction action against the tenant, or defend the property owner if he is accused of breaching the lease agreement. If a business owner is in the business of constructing a commercial building, but liens, restrictions, and other conflicts arise, then a business litigation attorney can file motions and seek various injunctions to keep the project going.

One specialty that more and more business litigation attorneys are incorporating in their practices is debt collection. Business owners must often file a civil lawsuit as part of the collection process, especially if they want to go after assets owned by debtors. It may only take a letter from the attorney to motivate a debtor to pay what is owed, but if not, a business litigation attorney can engage in lawful debt collection practices.

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