In running a business, sometimes differences of opinion are inevitable, but regrettable in the package deal. If you’re experiencing a breach of contract, intellectual property, or a commercial lawsuit, having the right business litigation attorney can make the difference between a win and a loss.
So, how do you choose the right one? After all, business litigation cases tend to be complex, costly, and time-consuming, so you should select a seasoned attorney who understands your needs. Below are five essential questions you should ask when choosing a business litigation attorney.
1. What Is Your Experience With Business Litigation?Before diving into any legal matter, it’s essential to know whether the lawyer you’re considering has the experience to handle your business litigation case. Business litigation law encompasses many issues, including contract disputes, corporate fraud, and partnership disputes. Each type of case can require a different approach and understanding of the law.
An experienced business litigation attorney will have a complete understanding of the litigation process, be it state or federal court, or even alternative avenues of alternative dispute resolution like mediation. An attorney with a good track record in business litigation will be able to guide you through each step of the process from consultation to final solution, so you understand what happens and how to handle the complexities of the case.
Understanding a lawyer’s litigation strategy can more accurately inform you of how your case will go. Litigation is not an artless process, and how your attorney pursues it can do much to determine the outcome. Some cases will require aggressive litigation, especially where breach of contract or intellectual property theft is concerned, and others will be appropriate for a cooperative effort.
Inquire about their experience with alternative dispute resolution (ADR), which can frequently save time and money. Mediation and arbitration are typical ADR techniques that bypass the lengthy and costly aspects. A good attorney will be knowledgeable about these alternatives and should be able to describe which method would be best for your business dispute.
Litigation matters, especially complex business litigation, may be time-consuming and even expensive. You would like to determine how your attorney’s fees will be structured. Some attorneys charge by the hour, and some, depending on the case, will have fixed fees or contingent fees. Knowing it beforehand, you could budget it accordingly and not be surprised.
Other than fees, you should also ask about the expected length of your case. Some business litigation cases, such as those involving multi-million dollar commercial disputes, may take months or years to resolve. Your lawyer needs to be upfront about the time and cost required and help you set realistic expectations for how long the litigation is likely to take.
In business litigation, outcomes do matter. The success of your case hinges on the lawyer you choose to represent you. As such, one of the most important questions to ask a potential business litigation lawyer is their experience and success rate with similar cases. While no lawyer can guarantee an outcome, a track record of success in handling business disputes, and especially commercial litigation, speaks volumes about their ability to handle complex legal issues.
Business litigation encompasses everything from breach of contract to intellectual property disputes, and having a lawyer experienced in your specific area of business law is invaluable. For example, suppose the dispute is a breach of contract. In that case, you’ll want an attorney with experience in that particular type of case, as the strategies and tactics involved can differ from other business-related disputes. Similarly, if your business is engaged in a complex corporate dispute, selecting a lawyer with experience handling similar cases will provide an added advantage.
When discussing rates of success, it’s also wise to ask about the concrete results the attorney has achieved in past cases. Have they gotten substantial settlements on behalf of clients? Have they successfully defended clients in court or via alternative dispute resolution, such as mediation or arbitration?
Additionally, client referrals and testimonials are invaluable in ascertaining the effectiveness of an attorney. Obtaining first-hand information from past clients regarding what it was like to work with the attorney can give you insight into the lawyer’s communication abilities, effectiveness in resolving litigation matters, and general approach to handling business litigation. Positive client reviews and favorable case results indicate that an attorney can effectively represent your interests in a business litigation case.
5. How Will You Communicate With Me Throughout The Litigation Process?Good communication is one of the pillars of a successful client-law business litigation attorney relationship. Litigation is a long and convoluted process with many variables, so you want to know how often you will be updated and how readily available your attorney will be when questions or concerns arise. A lawyer’s communication style can make a big difference in your experience during the case, and open communication ensures that you are kept informed and assured throughout the process.
One of the first things to establish when employing a business litigation lawyer is how often you can expect to get updates on your case. Is your lawyer going to be providing you with regular status reports? Will you get notification of key developments, such as changes in court schedules, settlement offers, or new information? Being clear on this will enable you to set expectations and reduce any anxiety about the uncertainties in your case.
It is a good practice that your lawyer outlines their process of keeping you updated. Some lawyers will provide weekly or monthly updates, while others may provide updates whenever significant milestones are reached. By agreeing in advance, you can ensure you are not left in the dark about the progress of your case and thereby make decisions in a timely and informed manner.
Also, inquire how accessible the lawyer will be if you have an emergency question or problem. An effective attorney ought to be responsive and easy to find. It’s important to feel comfortable calling them when you need explanation or guidance, especially when dealing with the complexities of a business conflict.
Ask if you will primarily work with the attorney himself or if junior lawyers or paralegals who work in the law firm will be handling certain aspects of your case. If urgent assistance is something you need, knowing who you can go to and how fast they will attend to you matters in providing a sense of relief during a painful litigation process.
Another factor to look into is the organizational structure of the law firm’s team. Will the lawyer you’re hiring handle your case personally, or will it be passed on to the rest of the litigation team? Having an idea of this structure can provide you with an idea of how involved your lawyer will be in every single step of the litigation process. Some lawyers are hands-on, while others may leave their team to do most of the work.
In any case, you’ll want to ensure that you’re working with a law firm that prioritizes your case and will provide the level of attention it requires. Ask how they allocate resources and whether you’ll have direct access to the lead attorney handling your case, especially during key moments of litigation, such as negotiation or trial preparation.
Lastly, don’t hesitate to ask how your lawyer will make any significant decisions that will shape the course of your case. Will they work with you to make the decisions, or will you rely on them to make them alone? You and your lawyer must be aligned in terms of the strategies and goals during the litigation process.
Having a lawyer who keeps you involved in key decisions can assist you in staying content with the way forward. From selecting settlement terms to litigating forward, knowing your lawyer’s decision-making approach can help you retain control of your business’s interests and continue enjoying the advantage of their legal expertise. Unambiguous open communication enables you to remain on the same team and ultimately achieve a more successful outcome.
At the Law Offices of Paul A. Humbert, we appreciate how important it is that businesses resolve their legal disputes effectively and efficiently. With years of commercial litigation experience and success, our litigation team is perfectly qualified to handle a wide range of business litigation cases, from breach of contract to highly complex corporate controversies.
We are committed to providing our clients with open communication, personalized litigation strategy, and aggressive representation when necessary. Whether you’re dealing with state or federal court or exploring other options for alternative dispute resolution, we can help you confidently navigate the legal complexities.
If you’re facing business litigation and need experienced legal counsel, do not hesitate to schedule a meeting with us today. Our capable litigation attorneys stand ready to advocate for your company’s interests and guide you through the process with skill and professionalism. Let’s address your business controversy effectively so that you can keep your business going.
By asking these five significant questions when hiring a business litigation lawyer, you’ll be more than halfway to achieving the correct lawyer for your case. At the Law Offices of Paul A. Humbert, we take pride in representing businesses in all litigation cases and are here to help you achieve the best possible outcome.
