What Areas Of Business Law Does Your Firm Handle?
We handle all types of business law. One of the interesting things when you ask an attorney what kind of law the attorney practices, he or she will typically tell you an area but they will also indicate whether or not they are what’s called a transactional lawyer or a litigator. A transactional lawyer is an attorney that draws up documents, reviews documents and doesn’t really participate in litigation. So they do pre-litigation work and try and protect the client if litigation does occur or to prevent litigation from occurring in the first place and then litigators are the type of attorney that go to court and then there are attorneys such as myself who do both. So when it comes to business law I handle all of the drafting in setting up organizations such as corporations, LLCs, DBAs, things of that nature with the state.
Not just the requisite filings but also to, like with an LLC, there are articles of organization but there is also a membership agreement that spells out the terms of the membership interest and the control of the LLC. Then there are also two documents that are drawn up for businesses. Most of the businesses that I deal with are small to medium in nature although I do handle some large businesses as well and most of the small to medium ones, they document creation either in regard to real estate issues or in regard to contracts. So that’s kind of on being transactional. On the litigation end, we handle any type of disputes that are commercial in nature whether or not they are the plaintiff or the defendant.
Any type of commercial dispute that has ended up in court or a client comes to me and it looks like all of the attempts to remedy the situation before filing suit have failed and then we file suit on behalf of the claimants as well.
What Is Business Litigation?
As I sort of described in the first question, business litigation is when a lawsuit has been filed and the plaintiff is seeking relief based on some type of business transaction whether or not it’s explicit or whether or not it’s implied, that there is some business relationship between the plaintiff and the defendant and the plaintiff has filed suit affirming those both representations of plaintiffs both in the business aspect also too, if one of our clients has been named as a defendant, we also handle that in litigation and that can ultimately mean going to a trial whether or not that’s a jury trial or non-jury trial which would be a trial in front of a judge where the judge would make the decision and be the fact finder as well as the finder of the law. In a jury situation, the jury is the fact finder and then the judge determines what laws apply.
Also, sometimes it goes even farther than that and if a litigant is on the losing end then sometimes that litigant will appeal and be called the appellant. We represent appellants in business matters. If you win and the other side appeals, then the side that’s responding to the appeal is called the Appellee and we represent those as well. So everything from the filing suit all the way to appellate courts, anything involving suits that are filed in court, that strictly speaking is business litigation. One grey area that comes into play in business law is arbitration. A lot of contracts will have an arbitration clause and they will have a term that both parties agree to whether knowingly or not, depends on whether or not they have an attorney looking over it most of the time but they will have arbitration agreements in lieu of court so before you even set foot into court you have to arbitrate and that can be binding or non-binding and mostly the terms in a business contract are binding arbitration.
So the arbitrator acts as the judge and the jury and the decision is final and there are some kind of esoteric or unusual instances where you can go to court after the arbitration is done. If you are the losing party, you can still file in court. Even in binding arbitration, if you allege that there has been some kind of error or misconduct on behalf of the arbitrator or the arbitration proceedings, then that sometimes is considered to be litigation as well but strictly speaking litigation is usually is talked about when a party has filed suit either in state court or federal court and the basis of the lawsuit is a business transaction or a business relationship.
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