As a business owner you are proud of your ability to run a successful company. You consider yourself an honest manager, following policies, procedures, and regulations to the last letter. However, sometimes situations occur that are of a legal nature and outside your realm of expertise.
As a result, from time to time, it may be necessary to seek the services of a commercial litigation lawyer. These types of lawyers have experience with any type of legal situation that may arise in a business context. Below are 4 things that a commercial litigation lawyer can assist you with.
1. Employment issues
You do your best as a business owner to create a friendly and inclusive work environment where employees can do their jobs and get adequately compensated free of harassment and prejudice. However, situations do arise regarding the employees you have where you may need legal representation even if the incidents do not directly involve you.
Commercial litigation lawyer can assist when you are having issues involving your employees particularly when a staff member targets you in a lawsuit. Situations can include breaches of contract, disputes over benefits and workers compensation, health and safety claims, and accusations of failing to take action to stop bullying or harassment. A commercial litigation lawyer is skilled in employment law as well as health and safety, providing you with someone that can represent your interests during legal proceedings.
2. Breaches of contract
As mentioned, there are breaches of contract involving an employer and employee but there are also ones that are between businesses or a business and a client or vendor. If you are the head of a company and are being sued for breach of contract or want to another party for the same reason, a commercial litigation lawyer can definitely assist
If you are the plaintiff in a breach of contract dispute, a commercial litigation lawyer is knowledgeable and will be able to gather the evidence required to prove your case. This can includes copies of the contract, and any correspondence pertaining to the contract and the alleged breach. In the event that you are the defendant, a commercial litigation lawyer will know the best approach to use to successfully defend you. For example, your lawyer can argue that you did indeed hold up your end of the contract or the plaintiff acted in a way that made it null and void.
3. Debt collection
It is a common practice of some business owners to hold records of debts owed to them by customers. This is often done so the business can charge additional fees in interest and show good faith so the customer will give future business. However, if these accounts become overdue and it starts to impact your ability to be successful, it is necessary to try and recover debts owed to you.
When attempting to recover debts, you try and do so politely with written correspondence and occasional telephone calls. However, these can easily be ignored by the debtor. When this occurs, it becomes crucial to hire a commercial litigation lawyer. A lawyer can look at your case and assess the risks and likelihood of success before taking action.
When a commercial litigation lawyer is the one to contact a debtor, they can do so and mention the possibility of legal action for continued non-compliance. This method is usually successful in collection the debts owed to you. In the event that this approach fails, a lawyer can take a debtor to court to recover the full amount of the debt plus legal fees and necessary compensation.