The running of a business is not smooth, sometimes there are a few bumps in the form of disputes and disagreements. Such issues come under the umbrella term of commercial litigation.
The job of a commercial litigation lawyer is to make you familiar with the process of surviving such an issue and to help you through it. Your job would be to cooperate with them and answer their questions as honestly as possible. This enables them to draw up a strategy that would help you win the case.
Your lawyer would look through all your documents to make sure that your side of the case is foolproof. If not, they would advise you not to go to court and to consult other legal means by which you may be compensated. They would help you strategize the best way out of an issue of commercial litigation.
Violation of contract issues
When a company does business with another, they sign a contract which contains all the terms and conditions. In case one of them fails to comply with the terms, the other can sue them for breaching the contract. In such cases, it is taken to court.
Sometimes, according to the judgment, the entire contract may be terminated; at other times, the guilty party might have to pay a sum of money for compensation to the party that suffered losses. Often, the court has concluded that a particular contract is not even valid.
Thus, it is extremely important to have your commercial litigation lawyer present during the making of the contract, and even while going through the court in case of an issue between the two parties. Their guidance can save you lots of time, as well as money.
Disagreement among partners
Most businesses are set up with the help of partnerships. But, in the long run, there may be decisions taken that you do not agree with. The same thing can be said for your partner. It could be about the way the company is being run or even the kind of profit each of the partners receives.
This case of commercial litigation might be just dismissed by the court by breaking up the partners, but this could prove harmful for the company. If a lawyer is consulted in such a situation, they would be able to settle matters outside the court.
They would either make sure the partners come to a mutual agreement or divide the different responsibilities of the company among the partners. In this way, their work would remain independent of each other. In a worst-case scenario, the lawyer may also advise breaking up but with proper compensation.
An employee may express dissatisfaction after termination and their argument may even hold good in the absence of a contract. Thus, having a lawyer present when hiring other employees is a must. The lawyer draws up a contract that mentions the job description, how the employee would be paid, and the terms of termination.
In case of a dispute, the lawyer would refer to these terms to fight your case. The issues may be regarding how the employees were paid or how they were terminated. Whatever be the case, a lawyer would help you adopt the best strategy there is to go about this issue with the least worry. And their strategy would be by the contract signed while hiring employees.
Sometimes shareholders, who do not own the majority of the company, but minor portions may have a problem with the way the company is being run. They may also think they are being deprived of the profit that the company earns.
In such cases, a commercial litigation lawyer comes to the rescue and explains all the terms and conditions under which you will be able to file a suit against the company for necessary compensation.