No one wants to seek the services of a lawyer. While it would be preferable for everyone if all dealings were above-board, fair, and the terms crystal clear (and forgiving), the truth is quite different. It is found that business arrangements always run the risk of brewing contention when one side feels they are not being treated fairly, or that they are getting less out of a deal than the other side. This discontent keeps commercial lawyers in business.
The Many Services of the Commercial Lawyer.
A commercial lawyer is schooled in several areas of law: business formation; contracts; asset protection; and litigation. Each of these sections has subsections, and you’ll find that a lawyer can be handy at both the start and end of any them. Businesses form and dissolve; contracts are made and breached; and intellectual property stealing can lead to litigation. As these are all areas common in commercial business law, a commercial lawyer is most frequently employed by businesses, although they are able to provide services for private citizens as well.
Do Businesses Benefit the Most From the Services of a Commercial Lawyer?
Some businesses, especially large businesses, find it beneficial to retain the services of a lawyer. But anyone can have a go-to lawyer for reviewing contracts and such. Lawyers are often associated with litigation, or arguing in a courtroom when in reality it is in simple actions such as reviewing a document that they are best put to use.
For example, consider the accusation that the terms of a contract was breached. You know that you’ll have to prove your side, but may not know how to best go about accomplishing that task. Whereas an attorney will know that four things must be established to prove such a claim: the contract was enforceable; how the plantiff performed their side of the contract; how the defendant performed their side of the contract; and the damages that occurred after the contract was breached. Providing clear evidence for each part could be difficult without some help.
When Disagreements Lead to Big Fees.
One area in which no one should go without a professional is litigation. This might come up if an employee feels they were treated unfairly. Such a claim might take the form of a sexual harassment claim; a disagreement over maternity leave; or an apparent violation of equal opportunity employment. The Equal Employment Opportunity Commission received more than 7,500 claims of sexual harassment in 2012 alone. Companies should not attempt to address these types of complaints without proper legal counsel.
Consider the various employees in any company. Everyone has a different background with different needs. The issue of maternity leave can cause some strife between employees when the details are unclear. For example, how much time will the mother have off work? Will she be paid? She may wonder if flexible hours are an option. Will the other employees be asked to cover her duties? How about paternity leave, or time off for those employees who adopt? If these questions are not clearly stated, most businesses will run into some trouble.
A commercial lawyer does do quite a bit of work for businesses, because they specialize in business law. While a private citizen can utilize their services for some small issues, it is entrepreneurs, small businesses, and of course big businesses that can benefit the most. From its very formation, to creating contracts and protecting their assets, a company needs legal counsel to stay in business.
