Business Litigation Attorney
A business litigation attorney may be engaged to handle any matter of dispute that has come up between individuals, partnerships, or corporations that have been unable to resolve differences in their business relationships. The business litigation lawyer has learned the laws of the state, community and federal government that govern business, and is prepared to say whether any of those laws have been broken, bent, or ignored by the parties involved. No matter whether the client being represented is the defendant or the plaintiff in the dispute, an attorney with this kind of expertise can guide the case through the proper channels to conclusion.
People setting up a business partnership draw up an agreement setting out the rules of behavior and areas of responsibility for its members, to make the partnership meet the partners' mutual goals. As long as each member follows these guidelines, the business arrangement flourishes. However, if one or more of the partners decides not to honor that agreement any more for whatever reason, there might be a need to call a business litigation attorney. Although the title of this kind of practice is litigation attorney, they often provide arbitration services to bring the parties together. When this is possible, both sides win because prosecuting a lawsuit can be very expensive. However, when an amicable solution is impossible, a business litigation lawyer will not hesitate to guide the case through the court proceedings.
Corporations often agree to cooperate in a business venture that is designed to be profitable for both parties. Whenever one party appears to take unfair advantage of the other in the conduct of their business, a business litigation attorney most certainly will be engaged to help resolve the dispute. If the infraction doesn't appear to be a deal breaker, the attorney may succeed in mending the break in the relationship without going to court. That is the attorney's job just as much as filing a lawsuit. Agreements in Biblical times were made before God, in he hope that they would be unbroken. "The Agreement of the People ] "In view of all this, we are making a binding agreement, putting it in writing, and our leaders, our Levites and our priests are affixing their seals to it." (Nehemiah 9:38)
Shareholder disputes, professional liability, general contractor disputes, and unfair competition actions are but a few of the possible cases a business litigation attorney might be called upon to prosecute or defend. The process for all civil litigation follows the same pattern. A plaintiff initiates a lawsuit by filing a complaint against a defendant, setting out the particulars of the complaint and requesting compensation for the wrong that has been done. The defendant must reply within a certain amount of time. Failure to respond in a timely manner can result in a judgment without the defendant's side ever being heard. The business litigation lawyer knows all these steps and will make sure the rules have been complied with. In the event the defendant believes a complaint against the plaintiff exists, a counterclaim can be filed seeking relief, and the court proceedings will sort it all out.
Before a case ever gets to trial, there is a lot of work to be done by the plaintiff and defendant and their counsel, any potential witnesses, and experts. Each side will be gathering all the information and evidence they can to prove the merits of the case. This can be the most important process, since cases are often won or lost on the basis of discovery. The business litigation attorney knows this all too well, and will be very diligent in this phase.
After discovery has allowed both sides to assess the strengths of their opposition, it is often decided by the parties that the prudent course is to reach a settlement before the trial begins. The business litigation lawyer on each side will work toward finding an equitable solution to the disagreements, and find a compromise that both can live with. That constitutes a happy ending. However, if the parties are bent on carrying their dispute forward to be decided by a judge or jury, then the attorneys have their work cut out for them. Each will present the evidence in such a way as to make the judge or jury rule in favor of the client. The winner is usually awarded some compensation, though it may not be all that was asked for, plus having his legal fees paid by the other side. That may not be the end of the proceeding though. If the loser believes an error was made in the trial, or new evidence discovered, and can prove either point, an appeal can be filed and another proceeding begun in the appellate court. Years may pass before the final decision is reached, and both parties will be a lot poorer because of it.
Invention Patent LawyerAn invention patent lawyer can help the innovative creator both understand and work through patenting processes that are necessary to protect ideas and to acquire proper licensing. And, not just any invention patent lawyer will do! Selecting the right legal representation is critical because the patent created will only be as good as the lawyer who created it. There are seminars, associations, and other agencies that claim to be patent experts and want nothing more than to take an inventor's money in exchange of false dreams and hollow guidance. But, a true legal expert with an education in patent law can save time, money, and perhaps a lot of heartache and frustration. The work accomplished by invention patent attorneys is actually an intricate work of art, one that requires skills in engineering, law representation, and also years of experience. Selecting the right legal partner for a new creation or product could be the difference in getting this product protected, on the market, and to a profitable level.
There are those in the world that let their creative juices flow, resulting in new and fresh ideas about how to accomplish work and life more convenient with the help of new tools, or how to simply improve many of the current things that are necessities in life. These inventors are the exclamation marks of progress. Alexander G. Bell and Benjamin Franklin are a couple of the most recognized names in history, when it comes to great innovators of the past. But, there are millions of unknown creators who have made major contributions to technology, science, and modern conveniences. As more designers and engineers create and build, the processes of protecting ideas from idea thieves has become complicated. In response to the need to protect inventor's projects, the government has responded with a process called patenting. There are several different types of patenting processes, including trademark rights, but all require invention patent attorneys to help with procedures.
Completing and filing an application of patenting is complicated. There is no assistance within the official government patent offices beyond written guidelines. An invention patent lawyer can not only help with the application, but he or she may also help with schematics and drawings, bringing a partnership to the invention. Most of these legal specialists have experience and education in engineering, as well, giving them the ability to correctly document and legally cover every aspect of an invention. The attorney could have experience in any of the four of the engineering fields which are chemical, electrical, mechanical, and computer sciences. It will be a good idea to select a lawyer and engineer who's experiences are related to the field of invention. An invention patent lawyer will also be able to represent the inventor in a case where there has been an infringement upon patenting. This advantage should be considered when choosing between a lawyer or a simple agent.
The Internet may be a good place to begin the search for invention patent attorneys. There are agencies online that list many different legal representatives in geographical locations. It may also be a good idea to review several law firms with expertise in this area and conduct an investigation on each firm. Once one or two firms are selected, inventors can ask for recommendations within the firm. Creators should proceed with caution, and get referrals on every attorney the firm recommends. The costs for excellent representation should be no less than $3000, and can often cost up to $12,000 or more. Any legal counsel costing less should be suspect. Attorneys are like many things, a person will get what they pay for.
Mankind can thank God for giving him a brilliant and creative mind. We read in the Bible that every good thought and every good thing is actually initiated by God, who created the innovative spirit in the first place. The Lord explains this in the book of Isaiah. "I form the light, and create darkness: I make peace, and create evil: I the Lord do all these things. Drop down, ye heavens, from above, and let the skies pour down righteousness: let the earth open, and let them bring forth salvation, and let righteousness spring up together; I the Lord have created it." (Isaiah 46:7-8) And, in the book of James, James reveals, "Every good and perfect gift is from above, and cometh down from the Father of lights, with whom is no variableness, neither shadow or turning." (James 1:17)
When speaking with invention patent attorneys, be sure and get the history of each one. Ask questions about what types of inventions he or she has worked with in the past, and how long he or she has been in the field. Creators will also want to make sure that the attorney selected completely understands the product. And finally, finding a legal counsel that is easy to work with will be an important decision, because this person will be involved in the process with the inventor for a minimum of 2 years.