The threat of being sued is always there. And more than the ordinary citizen, you open yourself up to litigation if you own a business. People are just happy to sue whenever there's a chance. Hopefully you won't experience it. But just in case, there are many attorneys specializing in business litigation laws; either to defend those being sued or to prosecute or file a lawsuit against a business.
Usually, you need a business lawyer to draft contracts that are needed by your business to operate (rental contracts, employee contracts, etc.). You also need his presence for mergers so he can draft documents needed to formalize the sale and complete the transfer of assets in a legal manner. In other words, the business lawyer's function is to see to it that all kinds of business transactions are legal and binding, as specified and allowed by the law.
When the legality of the steps undertaken in finalizing the business contracts are questioned, a litigation is necessary to settle it. The process is usually like this:
Filing of initial pleading.
Filing of motions. Motions are requests coming from the lawyers asking the judge to do something, eg. motion to admit evidence, etc.
Discovery (including interrogation and deposition)
Pre-trial conferences.
Trial proper.
Rendering of judgment.
Appeals
For your information, we have a small claims court that deals with minor lawsuits ranging from nuisance charges to minor money disputes. It is usually the first place litigants go to if there are business issues to settle.
Another kind of litigation that can happen is class action suits. Class action litigation means that there is more than one complaint filed a lawsuit. Any type of cause from toxic waste disposal to securities fraud can be a class action case. A litigation attorney may specialize in handling class action business lawsuits and he/she represents the company and its rights against a group of complaints in a court trial.
One skill that a business litigation attorney must have is mediation. Mediation is where two parties come together in an attempt to reach a compromise. Mediation is usually preferred to avoid the high cost of litigation when the case is elevated to the court. It is better to have the case be resolved in the mediation level.
Usually, you need a business lawyer to draft contracts that are needed by your business to operate (rental contracts, employee contracts, etc.). You also need his presence for mergers so he can draft documents needed to formalize the sale and complete the transfer of assets in a legal manner. In other words, the business lawyer's function is to see to it that all kinds of business transactions are legal and binding, as specified and allowed by the law.
When the legality of the steps undertaken in finalizing the business contracts are questioned, a litigation is necessary to settle it. The process is usually like this:
Filing of initial pleading.
Filing of motions. Motions are requests coming from the lawyers asking the judge to do something, eg. motion to admit evidence, etc.
Discovery (including interrogation and deposition)
Pre-trial conferences.
Trial proper.
Rendering of judgment.
Appeals
For your information, we have a small claims court that deals with minor lawsuits ranging from nuisance charges to minor money disputes. It is usually the first place litigants go to if there are business issues to settle.
Another kind of litigation that can happen is class action suits. Class action litigation means that there is more than one complaint filed a lawsuit. Any type of cause from toxic waste disposal to securities fraud can be a class action case. A litigation attorney may specialize in handling class action business lawsuits and he/she represents the company and its rights against a group of complaints in a court trial.
One skill that a business litigation attorney must have is mediation. Mediation is where two parties come together in an attempt to reach a compromise. Mediation is usually preferred to avoid the high cost of litigation when the case is elevated to the court. It is better to have the case be resolved in the mediation level.
About the Author:
To find a reputable and successful orange county business litigation attorney visit this resource here http://businesslawyer.inirvineca.org/.
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