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The Role of a Commercial Litigation Lawyer

While running a business is already a complicated task, so is every dispute that can arise in the business context. 

Commercial lawyers are expected to help clients navigate and address the legal landscape in business dealings. Aside from court representation, commercial lawyers assist heavily on legal business transactions, documentation and paperwork, such as contracts, tax, insurances, employee agreements, liabilities and stakeholder negotiations. 

However, when business disputes get out of hand and extend beyond negotiation, you need an expert lawyer to settle the issue. You need a commercial litigation lawyer.

What does a commercial litigator do? And where do you look for the best commercial litigation lawyer? Read on.

What Is Commercial Litigation?

Primarily, commercial litigation is the process of taking a business or commercial claim to court. It is a broad term that addresses the issues surrounding business dealings. Property issues, contract disputes, corporation disputes and intellectual property disputes can be settled with the help of a commercial litigation lawyer.

Litigation generally involves two or more parties that are in dispute but unable to resolve it. Hence, when one of the parties decides to pursue a legal process, facing a court trial is the only option. 

There are seven stages to accomplish when handling litigation cases. 

  • Investigation

This stage involves a careful review of the client’s documents relevant to the case. This may include contracts, agreements and deeds.

  • Pleadings

This step allows the lawyer to draft an initial written statement of claims that initiate a suit. Likewise, it is also the response of the defendant to the statement made against them.

  • Drafting discovery requests

This stage enables the lawyer to acquire or discover relevant materials. Both parties will answer specific questions from each other to fully understand the underlying facts of the case.

  • Mediation

This process is an attempt to settle the dispute in the presence of a mediator before proceeding to the trial.

  • Trial

If the mediation is unsuccessful, the parties will proceed with the trial, and the commercial litigation lawyer will appear before the judge. 

  • Appeal

After the trial, the losing party may argue with certain proceedings and consequently submit an appeal. 

What Does a Commercial Litigator Do?

Given the complexities of business litigation, making the right legal decision can help protect your business. Moreover, Australia’s business sector has experienced many developments in the past years and will continue to do so. 

With this, issues and disputes can arise over contract agreements, partnership ventures, building disputes, shareholder issues, misleading and deceptive conduct, debt recovery and others. This is why you need the right guidance from a highly trained and experienced commercial litigation lawyer to craft the best solution for your business legal problems.

1. Resolves Client Disputes

The primary goal of a commercial litigation lawyer is to resolve disputes employing settlement. Meaning, your lawyer will offer alternative solutions, including mediation and arbitration, to settle the conflict in a way that is beneficial to both parties.  

Early intervention to accomplish suitable settlement is essential to avoid initiations of legal proceedings. This will prevent actions that can lead to a court filing. Careful listening and objective assessment of the case can help your lawyer recommend the best practices according to the law.

2. Legal Representation

If the parties are unwilling to settle on terms, the solution is to proceed to trial. Excellent representation is what you need from your commercial litigation lawyer. 

The right legal representation can make a big difference between a successful case and an unsuccessful one. If you do decide to go to court, seek help from your local firms because they are well in tune with your local laws and procedures. A commercial litigation lawyer in Sydney has already established strong connections with prosecutors, judges and even court clerks. 

3. Effective Communicator, Organiser and Negotiator

An important role of commercial litigation lawyers in Melbourne or Sydney is to effectively communicate and negotiate in favour of the client’s position. The right lawyer has the ability to convince legal arguments, especially in complex cases and trials. 

Not all types of lawyers are equipped with court rules and requirements in terms of handling court cases, preparing, managing and organising documents and procedures. You may hire a lawyer that can handle property issues but is not familiar with the litigation process. When it comes to your legal representation, a commercial litigation lawyer is central to the negotiation, coordination and preparedness of the case.

How Madison Marcus Can Help You

If a dispute needs to be heard and settled in front of a tribunal or a court, there are many law firms in Australia. However, to protect your interest, hire a lawyer from highly qualified firms like Madison Marcus to represent you. 

Madison Marcus can help you navigate your specialised cases on commercial litigation. We can assist you in these areas related to commercial litigation:

  • Contract disputes
  • Business disputes
  • Joint venture disputes
  • Advice and representation
  • Debtor and creditor disputes
  • Commercial and retail lease disputes 
  • Personal and corporate insolvency advice
  • Disputes in regard to loans, mortgages and others
  • Disputes arising during the sale or purchase of residential and commercial property 

For all enquiries or to book a free 15-minute consultation, contact us today.


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