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Thursday, September 13, 2012

Business Litigation Law- What is It?

By Johnny Wilson


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.

A business attorney may be needed to draft business contracts, rental contracts, or employee contracts for businesses. In the event of the sale or merging of any company, the attorney will be on hand to draft documents required to acknowledge the sale and complete the transfer of assets in an orderly fashion. In short the work of the attorney is making surety of any kind of transactions whether personal or business are conducted in a manner that is in full agreement with the laws of the land and can be considered proper and binding.

When things have not been done properly, or a problem arises then litigation is neccesary. Here are the steps that usually occur in litigation:

Filing of initial pleading

Motions (it is the requests that the judge do something like allow specific evidence)

Discovery (including interrogation and deposition)

Pretrial conferences

Trial proper.

Rendering of judgment.

Appeal period.

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.

Business litigation attorneys must have mediation skills. Mediation is where two parties come together, represented by their respective lawyers, in an attempt to reach a settlement. Mediation is usually preferred to avoid a costly litigation.




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