Litigation and Business Disputes
Litigation serves as the process of taking a case to the courtroom. The litigation process typically connects to civil lawsuits where a plaintiff sues a defendant. However, the same litigation process works in criminal cases in a general sense.
Business or commercial litigation encompasses a variety of disputes and issues that may include securities, contracts, antitrust, and class actions. Both sides will typically come accompanied by their attorneys.
Unfortunately, some businesses still attempt to enter a lawsuit on their own. This is what we call “pro se” in the legal field. Anyone seeking to present their case should ensure that they consider the consequences carefully.
A business litigation attorney in Cutler Bay specializes in this specific work. For this reason, a legal professional remains the ideal option to obtain the best possible results during a litigation issue.
How Does Business Litigation Work?
The process begins with a plaintiff filing a complaint, as well as a summons. A summons provides a defendant with notice of the lawsuit, setting forth a deadline for the defendant in the case to respond. The summons will also likely outline a date for the beginning of the legal action.
Both involved parties and their business litigation attorney in Cutler Bay can then begin gathering information. This includes taking depositions and records and is what we call the discovery process.
The plaintiff and the defendant will file motions with the court. Some of these will request more information, and others may represent part of the procedural process. For example, a procedural motion might ask for a change of venue or request trial by judge or jury.
Unfortunately, these procedures may take months before actually finalizing a court date. The processes to gather information and file motions take some time as the attorney present this information to the judge and court.
A lawsuit will finally reach the courtroom phase at an appointed date. This is where a judge or jury hears a case before rendering a final decision. If either the plaintiff or defendant wields justifiable reasoning for questioning the verdict, they can typically appeal the decision. An appeal is heard through an elevated, higher level court.
Who Decides What Court Will Hear a Business Litigation Case?
The court that oversees and rules on a business litigation lawsuit will depend on two specific factors: the type of lawsuit, as well as the place where the violation occurred. Specific and special courts hear certain types of lawsuits. These might include small claims court, as well as bankruptcy or tax court.
Otherwise, a court will hear a lawsuit in the jurisdiction where the violation or complain originated. This is generally where the defendant involved in the case resides. For this reason, plaintiffs may file the complaint in one area while they conduct their day-to-day business in another.
This can provide some notable challenges as well. For example, if you own and operate a business in Georgia and sue a business located in Florida, your attorney would file the case and litigate in the state of Florida.
The good news is that lawyers typically offer their services on a national level to alleviate this issue. For instance, Rogero Law may represent a South Florida area lawyer; however, we can extend these services nationwide as client needs arise. No matter if a business is suing you in the state of Florida, or you need legal service in Florida from another area, a business litigation attorney in Cutler Bay from our firm can help you.
The Burden of Proof and Litigation Alternatives
In a majority of cases, the plaintiff and their business litigation attorney in Cutler Bay wields the responsibility or “burden of proof” to outline what went wrong in a lawsuit. This is generally due to their role as the initiator of the litigation process.
The most common alternative to business litigation is arbitration. Although litigation remains the default in most cases, some contracts contain a mandatory arbitration provision. Litigation and arbitration represent similar processes. However, they differ in some key ways.
Litigation goes through the court system with a judge or jury. Contrarily, arbitration involves a private process with an arbitrator who will hear both sides of the case before making a decision. Parties can appeal a litigation decision, but in arbitration, they cannot.
A Business Litigation Attorney in Cutler Bay from Rogero Law
Our firm takes great pride in the services we can offer the South Florida community. We take the time and effort to get to know every one of our clients on a personal level. This means comprehensively educating ourselves on your business’ needs as we cultivate an ironclad strategy for success. When you enlist a professional business litigation attorney in Cutler Bay from Rogero Law, you gain a partner, as well as an advocate on behalf of your best interests.
Businesses large and small will inevitably deal with litigation issues at some point in their life cycle. Several small to medium-sized companies remain unprepared for these inevitabilities. In these instances, they may experience loss of public opinion, in addition to suffering livelihood due to a detrimental outcome.
There is no reason to approach a business dispute alone. Enlist a qualified attorney that can serve you in the courtroom, or at the arbitrating table. For more information on a business litigation attorney in Cutler Bay from our firm, contact Rogero Law today to schedule a consultation.