Three Reasons Your Corporate Lawyer Should Have Litigation Experience
When lawyers start their practices, they often need to make the choice between pursuing litigation or corporate law. And while there are some legal professionals who transition between these two specialties, having a lawyer that practices both of them can add tremendous value to your small business.
Below are three reasons you’ll want to have a commercial litigator prepare your business agreements.
#1. Litigators draft contracts and negotiate deals based on how they play out in the real world.
A lawyer with commercial and civil litigation expertise brings an added dimension to the preparation, review, and negotiation of contracts and agreements.
That’s because litigators understand how contract language can be used in court. They are knowledgeable and up-to-date when it comes to legislation and recent decisions made with respect to contract disputes.
When you have a lawyer that considers all possible scenarios that may arise if a dispute occurs, you get insight into the actual risks involved in a deal. Your lawyer is then able to draft clauses and agreements in such a way as to protect your business.
For example, while an injunction may be one way to deal with an employee that is breaching a contract, if there’s a heavy caseload or backlog in the courts, an injunction may not have the desired effect you’re looking for. A lawyer practicing both commercial litigation and corporate law can help you to find an alternative solution that may better protect your needs.
#2. Litigation hones a lawyer’s writing.
Legal briefs are persuasive by nature. It’s not necessarily the case that all litigators write well, but because of the adversarial process involved, a litigator needs to hone his or her craft in order to be successful. And while you may think that contracts just set out the rules, both briefs and contracts need to be clear and concise. Litigation is excellent training for these forms of writing, which only strengthens the skills of your lawyer.
#3. You’ll save time and money.
If a matter arising from an agreement does end up going to trial, it’s more cost-effective to have your corporate lawyer and commercial litigator be one and the same person. Where this is the case, there’s no need to bring an additional person up to speed in order to litigate it. Your lawyer is already familiar with the agreement and the facts of the case, and can litigate it for you. (Note however that if the lawyer who drafted the agreement needs to be a witness in the matter, he or she may be disqualified from litigating the file.)
Contact Anton M. Katz, Barrister & Solicitor Today
Ultimately, there is one non-negotiable characteristic that the lawyer you engage should have. And that is sound judgment.
There is no substitute for knowing when to pay attention to detail and when to look at the big picture, or knowing which disputes are high value in order to prioritize them. Unlike the skills of litigation or corporate law, it’s a hard thing to learn.
With over 20 years of corporate law and commercial litigation experience, Anton M. Katz, Barrister & Solicitor is dedicated to helping small business owners with all their legal needs.
Contact us today to book your free initial consultation.