A company is constantly exposed to commercial disputes, whether with its customers or its partners. A commercial litigation attorney may be useful in such a scenario to help your company deal with such disputes.
What is commercial litigation?
A commercial dispute is a dispute between a customer and a supplier, a partner (manufacturer, distributor, banker, etc.), or a competitor.
A commercial dispute can have various origins, in particular:
- Unpaid invoices;
- Unfair competition;
- A counterfeit;
- anti-competitive practices;
- Delays or non-delivery;
- Hidden defects on the goods, or non-conformities in particular with regard to market standards;
- An international dispute with companies abroad;
- Unfulfilled contractual commitments, engaging the responsibility of its author;
- Unfair breach of contract;
- Non-compliance with the terms of commercial contracts.
What is the role of a lawyer in commercial litigation?
A lawyer’s main role, in the event of commercial litigation, is to defend the interests of its client in the event of a conflict with the co-contractor or third parties. He accompanies his client in conflict situations: for example, in the recovery of unpaid debts.
It is, therefore, necessary to contact a lawyer who is an expert in business law, a generic expression that refers to the legal, regulatory, administrative, and contractual rules related to business life.
The lawyer assists you in all stages of the settlement of commercial disputes. Whether amicably or through legal proceedings, he provides the most relevant advice. Thanks to his expertise in law, he defines the best strategy to implement. He can also help to draft contracts in order to prevent and avoid conflicts.
A lawyer competent in business litigation offers his services to groups of all sizes: large groups, SMEs, VSEs, ETIs, micro-entrepreneurs, self-employed, liberal professions, etc. In the industrial or commercial field, it sometimes happens that two groups of companies offer the same products: this can characterize unfair competition and parasitism.
The role of the lawyer is then to propose, initially, an amicable solution to quickly end the dispute and allow the parties to continue their economic activities. If recourse to a trial becomes unavoidable, the lawyer then undertakes to defend his client’s interests before the courts and the courts of appeal.
The same problems can be encountered in the event of a conflict with insurance companies when they refuse to honor their guarantees in the event of a claim. This is the case, for example, when the insured has cover for business interruption after the closure of his establishment, but his insurer nevertheless refuses to pay compensation.
Commercial Litigation Lawyer Skills
To be able to defend his clients, an expert lawyer in business litigation must have multiple skills. Their expertise is based on technical assistance, legal analysis, and the strategy to be implemented on the procedural level.
The lawyer must always look for amicable solutions, but in the absence of such a solution, he must be able to initiate proceedings and represent his client before the courts. Know that the strategy to adopt varies for each case which is unique: the lawyer adapts each time.