The prospect of commercial litigation can be daunting for many New Jersey businesses. You may have assumed that even the most serious disputes can be resolved by common sense, informal negotiations, and iron-clad contracts. The truth is that sometimes, commercial litigation is unavoidable. If you are facing commercial litigation in New Jersey, you might be wondering what to expect and how to navigate the legal process ahead.
Determining Whether the Issue Can Be Resolved Out of Court
Your first step should be to determine whether you can resolve the issue outside of court. You may have already attempted to do this with various methods, including emails, phone calls, and other forms of communication. If you are not getting anywhere, you may still have the opportunity to negotiate a favorable outcome if you enlist the help of those familiar with commercial litigation. The obvious example would be a commercial litigation attorney.
Contrary to common belief, hiring a commercial litigation attorney does not always mean going to court. These legal professionals can assist with numerous steps before you make the final move toward litigation. For example, they can help you draft demand letters for issues like breach of contract or debt collection. Often, a carefully drafted letter from a commercial litigation attorney can encourage other parties to start working toward a solution.
In addition, commercial litigation attorneys can assist with settlement negotiations. These individuals often bring strong negotiation skills to the table, and they can use a variety of tactics to help both parties come to a favorable agreement. Generally, it is in your best interests to avoid full-on litigation because of the inherent cost, unpredictability, and time-consuming nature of a trial.
The Discovery Phase of Commercial Litigation
If you move forward with litigation, the first process to consider is the pre-trial “discovery” phase. During this stage, both parties attempt to gather as much information as possible in preparation for the trial. You might assume that both parties gather this information in secret, but there are actually rules that require the sharing of information upon request. For example, you might demand that another company share certain business records with you. If the evidence requested is relevant, they may be forced to comply. Of course, they can also demand similar information and documents from you.
Collecting evidence is critical as you prepare for commercial litigation. There are many different types of evidence, and using evidence effectively can make or break a case. Some evidence – such as hearsay – is inadmissible in court. Many businesses focus on specific types of evidence during commercial litigation – such as expert witness testimony or demonstrative evidence.
Demonstrative evidence may be especially useful in commercial litigation because it helps you “tell the court your story.” Unlike many forms of real evidence or documentary evidence, demonstrative evidence allows you to enhance the court’s understanding of your situation in order to support a particular narrative. Studies have shown the combination of both visual and aural cues leads to greater understanding and information absorption over a 24-hour period.
What to Expect During a Commercial Litigation Trial
Commercial litigation is not the same as a criminal case or a normal civil case. This type of legal action is specifically reserved for businesses. In New Jersey, commercial litigation courts may be overseen by judges who have particularly extensive knowledge when it comes to business matters and common business disputes. In some cases, this leads to expedited outcomes and less confusion.
While going to court may be expensive, the financial rewards might make this endeavor well worth the effort. Companies that win their commercial litigation cases often receive financial settlements. If defendant companies are cleared of wrongdoing after being wrongly accused, the accusing party may be ordered to pay their legal fees. Some commercial litigation cases are incredibly high-profile, and they may even make their way to the US Supreme Court. Others are handled solely by New Jersey courts. Both federal and state law may intersect and overlap in many business litigation cases. If you would like to learn more about what to expect during commercial litigation, be sure to contact a New Jersey commercial litigation attorney.
Where Can I Find a Commercial Litigation Attorney in New Jersey?
If you have been searching for an experienced commercial litigation attorney in New Jersey, look no further than Snellings Law, LLC. Over the years, we have guided numerous businesses in New Jersey through the commercial litigation process. If you do not know what to expect, consider booking a consultation today for more information. We can help you formulate an effective action plan, giving you greater confidence as you head toward commercial litigation.