Simple Tips for Determining If Commercial Litigation Assistance Is Necessary for Your Business

Searching out commercial litigation assistance is an intimidating process, but if you follow these tips, you will be able to find the appropriate lawyer for your unique legal situation.

Understand What A Commercial Lawyer Can Do For Your Unique Business

Law firms can help businesses with a whole suite of cases ranging from landlord-tenant litigation to change of ownership to employment and consulting agreements. If you are unsure of how to proceed with a confusing legal matter, schedule an appointment with your lawyer. It is always best to consult with an attorney before proceeding with legal action because each case is unique and needs attention from an expert. Many legal firms offer a free 30-minute consultation where you will learn all your options.

Law Firms Will Assist You In Choosing What Type Of Business To Form

Attorneys have the ability to aid you in choosing your business formation when you are a new company, store, or restaurant. For example, there are multiple businesses to file as: corporations, LLPs, LLCs, sole proprietorships, joint ventures, and partnerships. Law firms will walk you through the meaning of each type and assist in choosing which category fits your business description. It is imperative to understand that each type has a different rule when it comes to distribution of profits, documentation, and asset protection.

What To Do If Your Business Has Been Sued

First of all, do not take action on your own or answer any legal questions about the suit. You lawyer will assist you in contacting your insurance in regards to the claim. It is imperative to contact a commercial attorney who will research your options and consider the facts and situation. They will create a defense, assess liability, and decide to settle or move forward with the litigation. Remember you do not have to take on a lawsuit alone.

How To Prepare For Your First Meeting With Your Attorney

It is important that your commercial litigation specialist understands your situation from all angles. Most legal firms prefer to have all documents and records associated with your case to become intimately familiar with the history of your case and business. Said documents might include: formation documents, a business plan, organizational charts, meeting minutes and records, contracts, a vendor list, tax records and the current year’s tax return, and financial statements including balance sheets and income statements.

If the above information is a lot to digest, or you are convinced your business is in need of an attorney, simply contact your local commercial litigation specialist and schedule a free consultation. Law firms are eager to assist and are widely experienced in a myriad of legal matters, so even your unique case has likely been encountered before. Remember you do not have to tackle these legal issues alone.

Business Law Impacts All Aspects of the Commercial World

The generic term “business law” covers every aspect of commercial interactions today. In its broadest sense, the term can be defined as the group of laws, regulations, and practices that apply to commercial entities such as companies, corporations, and partnerships. These statutory requirements involve the entire spectrum of interactions from forming a new enterprise, negotiating contracts, arranging financing, meeting all government requirements, and any other topic or activity that impacts, directly or indirectly, the operation of a business.

In this highly specialized area, the legal practitioner has to have a broad spectrum of knowledge in order to represent the interest of his or her commercial clients adequately. It is easiest to view this type of practice from the life cycle of a business operation to understand its scope.

Starting a New Enterprise

One of the most important aspects of business law is how to set up a new corporation or company. The law of corporations, local licensure requirements, as well as dealing with contracts for the space that the company will occupy, all require various legal formalities to be met even before the doors can open for the first customers. Employment laws for employees have to meet federal and state requirements.

Financing agreements are an essential part of the stage of the business cycle. Legal practitioners will negotiate with lenders, ensure that all forms are filed properly with the Federal, State, and Local authorities, and help establish the necessary record keeping that may be required for that particular operation.

Day-to-Day Transactions

Once things are up and running, business law attorneys will be involved in many daily transactions. Handling the negotiations of contracts and representing the client in various legal actions that may involve issues of breach of contract, liability, and statutory violations are just some of the matters where lawyers in this field may be called upon.

As the company grows, concerns involving secured transactions, securities (stocks and bonds), SEC filings, and other related subjects would also become part of a commercial lawyer’s practice. As governmental regulations continue to become more complex, making certain that a commercial client is in compliance requires an even higher level of diligence from practitioners in this legal field.

Changing or Merging the Operation

One of the most dynamic areas of business law today is that of mergers and acquisitions. It is difficult not to look at the financial news without learning about the latest buy-out, merger, or hostile take-over of one company by another. At the heart of this activity are the lawyers who represent the concerned parties. In addition to involving the transfer of ownership and financial arrangements, it is often necessary to obtain government approval to complete the deal. It is no wonder that specialists in this area of the legal profession are highly sought after for their expertise.

All aspects of 21st-century commercial enterprise involve the application and practice of business law. Navigating the complex legal waters is best accomplished by the retention of a competent, experienced counselor who understands the legal complexities of running a successful operation today.

Commercial Law – Payment of Commission – Commercial Agency Regulations – Commercial Agent

The case of Heirs of Paul Chevassus-Marche v Groupe Danone and Others (Case C-19/07) [2008], involved a determination on community laws relating to commercial agents. According to Article 7(2) of Council Directive (EEC) 86/653 (On the coordination of the laws of the member states relating to self-employed commercial agents) (“the Directive”):

“A commercial agent shall also be entitled to commission on transactions concluded during the period covered by the agency contract either where he was entrusted with a specific geographical area or group of customers… And where the transaction has been entered into with a customer belonging to that area or group…”.

Article 10 provides as follows:

“(1) The commission shall become due as soon as and to the extent that one of the following circumstances obtains:

(a) the principal has executed the transaction; or the principal should, according to his agreement with the third party, have executed the transaction; or…

(c) the third party has executed the transaction.

(2) The commission shall become due at the latest when the third party has executed his part of the transaction or should have done so if the principal had executed his part of the transaction, as he should have”.

In 1987, the first respondent in this case concluded an exclusive mandate with C. The applicants in this case were heirs to C’s estate. The exclusive mandate concerned the first respondent’s representation of C’s subsidiaries, namely the second and third respondents, in their dealings with the importers, wholesalers and retailers of their goods in a specific geographical area.

Before the termination of that contract, C requested payment of various sums. Such sums included commissions relating to purchases made by two companies established in his geographical area.

The requests for payment were refused on the ground that the purchases concerned had been made from central buying officers or dealers in metropolitan France, an area outside the control of the respondents, and without any action on C’s part.

C then brought an action concerning payment of commission.

The national court made a reference to the Court of Justice of the European Communities. The question concerned a request for a preliminary ruling on the interpretation of Article 7(2) of the Directive. The question referred by the national court was as to whether Article 7(2) of the directive was to be interpreted as meaning that:

“A commercial agent entrusted with a specific geographical area was entitled to commission where a commercial transaction between a third party and a customer belonging to that area had been concluded without any action, either direct or indirect, on the principal’s part”.

It was held as follows:

The court was of the opinion that

· Article 7(2) of the Directive had to be interpreted as meaning that a commercial agent entrusted with a specific geographical area did not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.

· Article 7(2) merely refers to any transactions concluded during the period covered by the agency contract. There is no requirement that those transactions had to be entered into with a customer belonging to a geographical area or a group of customers for whom the commercial agent was responsible.

· There is not an express requirement for action on the part of the principal, and there is no requirement for action on the part of the commercial agent.

· However, it should be noted that when considering Article 7(2) in conjunction with Article 10, the commercial agent’s right to commission arises either:

§ when the principal has (or should have) carried out his obligation; or

§ when the third party to the agency contract, namely, the customer, has (or should have) carried out his obligation.

· The presence of the principal in the transactions for which the commercial agent could claim commission was indispensable. It therefore followed that the commercial agent could claim commission. The commercial agent’s claim for commission could be made on the basis of a transaction only to the extent that the principal had acted, directly or indirectly, in the conclusion of that transaction.

· As a result, this meant that it was for the national court to establish:

“Whether or not the evidence before it, assessed in the light of the aim of protecting the commercial agent and of the obligation on the principal to act dutifully and in good faith, allowed it to establish the existence of such action, be that action of a legal nature”.

© RT COOPERS, 2008. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Choosing Between Law Firms – How to Choose a Good Lawyer

Most people will require professional legal services from a lawyer at some point in their lives. This may be for buying or selling a house, writing a will or making a business contract. Any town or city with a few thousand residents or more will usually have numerous law firms to choose between, so how you decide who to trust in what may be an expensive process?

Firstly, a law firm should at least have the standard qualifications for practice in your country and be registered with the relevant regulatory body. For example, in the UK, this is the Solicitors Regulation Authority.

Find a specialist lawyer – if your needs are in an unusual or highly specialist field of law, you may require the services of a law firm that specializes in this area. The more niche the legal skills required, the further afield you may need to search for an expert lawyer. For example, if you run an IT company and require assistance with commercial litigation, any small town commercial litigation lawyer may be happy to help you with the case. However, if you widen your search to the nearest large city, you may be able to find one or more commercial lawyers that actually specialize in commercial law for IT. Such specialist skills may demand a higher fee, but the higher level of knowledge within your field could result in a more favourable outcome.

Get a quote – lengthy legal processes with uncertain outcomes may be difficult to quote for, but you will still be able to find out the hourly rate and if different firms have similar credentials, you may want to let price be the deciding factor. For some legal services, such as transfer of properties, you may be able to obtain a fixed quote.

Location – if you are likely to need to visit your lawyer on multiple occasions, you may want to choose one that is fairly close to your home or business in order to save time and expense on travel.

Ask questions – during an initial consultation (many law firms offer 1/2 free of charge), ask plenty of questions to get an idea of how expert the lawyer is in dealing with your kind of case. Does the law firm have someone available to answer all your questions and does the lawyer seem confident and knowledgeable?

Get recommendations – have any of your friends or family required this kind of legal help before? Discuss your needs with those around you unless they are highly personal. Even if a friend or family member has not needed this kind of support before, they may know someone who has. An unbiased recommendation can be much more powerful than what a lawyer says about his or herself.

Legal services are often required during stressful times, such as bereavement, moving home or legal disputes, so it is important to choose a lawyer that you are comfortable with to minimize potential for further stress. Following the tips above when choosing between law firms should help.

Protecting Your Business Through Commercial Litigation

Starting a business takes a lot of guts and, of course, money. Maintaining one needs good management, a cunning attitude, and one hell of a good luck. However, no matter how much caution you put to protect your business, you will find out that there are people who are full of trickery hidden up their sleeves. When you find yourself in such unfortunate circumstance, I believe commercial litigation is the wisest call.

Say, you find yourself trapped in the following scenarios: an associate who ran away with your money, a supplier who provided you with worse than sub-standard materials or ingredients, a partner who went away with half of your investors and built his own competing company. The list goes on. Thing is, you took all the risk in building a business. Sooner or later, those risks will come taunt you, and you will need damn good legal representation.

Okay, so maybe you can settle the issue or dispute without entering commercial litigation. You still need a brilliant lawyer to help you achieve that. It all depends on the kind of person you are. If you want a swift, diplomatic way out of your mess, you can ask your lawyer to resolve things through monetary settlement-that is, if you managed to catch the prick that tricked you. Now, if you’re the kind who wants more drama, (also, given that you already identified your culprit) you can go out and request a trial case leading you and your felon friend to commercial litigation.

Running a business is tough. And it is more than enough work dealing with people screwing you and your business around. You do not need that hassle when you are already up to your eyebrows trying to keep your business going. Get your lawyer to settle this mess-with instructions from you, of course. Commercial litigation is just like other legal trials. The only difference is that this directly affects you. Well, not only you, for that matter, but your business as well. And because it affects your business, it will affect other people too, depending on how big your business is and how large the damage done by this fraud (or whatever the offense is in your context).

If you decide to pursue commercial litigation, your lawyer must be competent enough to build a solid case against your suspect. Actually, brilliant lawyers don’t need to bring a commercial case in court. They can settle things without facing the bench-provided they are cunning, resourceful, and good negotiators. Of course, as mentioned above, it all depends in your preferred medium-backdoor negotiations or court trials.

Whatever medium you choose is up to you. However, I believe that commercial litigation is called for when your suspect is not swayed by just negotiations. You will not just let him or her walk away unpunished or without you properly compensated right? If court trials are the only way left, you and your legal party should be armed with your evidences and arguments. If you and your legal counsel are armed with enough cards, there is no way that scumbag who tricked you will ever get away.