It is not possible to avoid a lawsuit. Nevertheless, you can consult a commercial litigation attorney when a genuine dispute arises. You can use mediation and allow your attorney, together with the other parties involved in your case help you resolve your dispute so you can avoid going to court and the costly litigation process. But even when litigation is the best course of action, it is possible to achieve the desired outcome, depending on your circumstances and evidence related to the claim.
A frivolous lawsuit with unsupported claims filed to delay judgment against the guilty party will not go very far. Also, the wrongful party runs the risk of being sanctioned by the court.
Consult a commercial litigation lawyer immediately to revise your claim. You also need to gather all the essential documents that are related to your claim so your commercial law attorney can make a compelling presentation of your claim. It is indispensable to talk to an experienced attorney so you can make an informed decision.
The first thing you should do is have a written chronology of events with relevant information such as witnesses, what was done and where, copies of contracts and amendments, emails and letters, photos, text messages, and so on. Although it is sometimes difficult and time consuming gathering this information and have it a litigation attorney review it, remaining ignorant about the facts of your case can be more expensive. An early commercial dispute resolution is often the best course of action as you will avoid any potential issues.
You will be best served if you hire a commercial litigation lawyer and are completely honest. Your commercial attorney can review the facts of your case and see if there are any elements of fraud that can be proven. It is common for fraud claims to arise, particularly in breach of contract cases, but it doesn’t mean that there was fraudulent conduct.
Litigation cases generally last for 1-2 years and not more than that, except the parties involved in the dispute settle earlier on. However, most commercial litigation cases will not settle until the initial discovery stage is completed, which generally lasts about six to twelve months.
Your litigation attorney should have practical experience in the commercial litigation field. It is also essential that you feel comfortable to speak freely with the commercial law attorney you choose. The attorney needs to be competent and provide you with regular feedback. If your attorney needs to research all your questions or just too busy to invest time in your case, he or she may not be not the best choice for you.
Depending on the facts of your case, your case will be heard by a judge or jury. A jury in court generally hears commercial lawsuits. However, when parties agree, the jury is waived, and the judge hears the case. Commercial litigation cases that are not heard in court will be determined by one or more arbitrators.