Identifying the right commercial litigation lawyer for your matter is not an easy task. The right commercial litigation lawyer should be knowledgeable and experienced in the relevant area of law, have commercial understanding, communication and transparency, fees and professionalism.
Knowledge and Experience in the Relevant Area of Law:
This may go without saying but most commercial litigation is not black and white. It can often be incredibly complex and highly specialised. They are also many different areas of commercial litigation, each with their own unique challenges. Further, you want someone who knows their law and court processes. Not all lawyers have the same knowledge and experience and you want someone with a sound knowledge and experience in the area of law.
Through knowledge and experience in the area of law good commercial litigators are able to convince the other side and the court of your position.
In addition to maximising your chances of being successful, choosing a lawyer with the right experience will also save you time and money, as the lawyer will not be unnecessarily charging you to get on top of an experience, they are not experience in.
Commercial Understanding and Ability to See the Big Picture:
Commercial litigation is more than lawyers arguing about legal issues in court. There are a lot of commercial and emotional factors at play in any litigation and commercial litigation can put a serious strain on your business. A good commercial litigation lawyer should be able to see beyond the legal issues and look to the unique set of circumstances facing your business to achieve an outcome that is best for your business. Through the focus on protecting your business a good commercial lawyer will look at the big picture.
Sometimes litigation is not the best option. By considering the commercial circumstances of a matter you will be sure that you will receive advice that will be beneficial to your business.
Communication and Transparency:
A good commercial litigation lawyer doesn’t just handle your litigation. They should also make sure you understand your rights and obligations under the law. This includes being able to break down the often complex legal issues that arise in litigation and explain them to you in a clear, straightforward manner which makes it clear how they apply to your business’ circumstances. They should also ensure you have all potential avenues laid in front of you, including the risks and benefits of each, so that you can make an informed decision in the best interests of your company.
A good commercial litigation lawyer will advise you of your legal rights and position from the outset, including whether you have an arguable to case, whether there are any potential weaknesses to your case, and, if so, how to overcome these.
Commercial litigation can often be a very expensive and stressful exercise. Accordingly, it is important to discuss costs with your lawyer at an early stage so you can understand how they will be charging you, i.e. hourly rates or fixed fee, and the potential costs of court action. This way you can make an informed decision on whether you can realistically afford to engage in commercial litigation and avoid stress further down the line. Another important matter to discuss with your lawyer is what proportion of those costs you will be able to recover from your lawyer. Transparency in this regard is critical.
Acting in your best interests and dealing with you in fair and honest manner is of utmost importance to ensure that you receive the advice that you need, not just the advice that you want. Accordingly, you want to choose a lawyer with professionalism and strong ethical issues to ensure that you are working with someone who has your best interests in mind and who will do their utmost to get you the best results.
The commercial litigation lawyer you engage will also be representing your business, so you want to ensure that you engage someone who acts in a professional and ethical manner.