Legally binding agreements are everywhere in the world of business. Not surprisingly, this means that many disputes are capable of leading to business litigation. While you might have a general idea that litigation means going to court, you may be wondering what exactly the process is all about. Let's take a look at some of the broad stroke ideas you should become familiar with.
Kinds of Business Litigation Cases
Virtually anything that falls under the heading of business has a possibility of ending up in court. This covers things like contracts, purchase and sales agreements, property issues, shareholder disputes, and even trade secrets. Intellectual property issues are also sources of business litigation, although most attorneys who handle it choose to specialize.
The Process Matters a Lot
Not all litigation ends up squarely in front of a judge and jury. There's a good chance that a dispute will be settled long before the possibility of setting a trial date comes up. Bear in mind, however, that the process and the threat of taking a matter in front of a judge still count for a lot. It lets both sides know the dispute has escalated into something serious.
More importantly, litigation opens up what is known as the discovery process. Suppose you believe your company was defrauded by another business. You might not yet have a way to prove it, but the discovery will allow you to demand copies of their internal memos, database entries, electronic communications and other forms of information that might tip the balance in your case.
Depositions may also be taken. These are questions asked by lawyers to individuals who are under oath. The deposition process often makes a dent in a case because people are reluctant to commit perjury.
Questions of Fact vs. Law
One of the major forks in the road will be deciding whether your dispute is about the facts themselves or a specific point of law. Cases tried on facts arise when two parties disagree about material issues. For example, one company might assert that it made a delivery per a contract's terms while another may insist it never received anything.
A question of law usually arises when both sides agree on the facts. In these cases, the question the court is being asked to decide is what the law says. For example, there might be a dispute over what counts as an "Act of God" in a contract. Contact a business litigation attorney for more information.
The world is a crazy place, and you never know when you will be faced with an uphill legal battle. I didn't used to feel like I was at a high risk for being sued, but after dealing with various business concerns, I could tell that I needed to procure an attorney. I was faced with a few problems such as managing my employees and dealing with a pending lawsuit, and I didn't know what to do or how to go about managing various issues. Fortunately, my lawyer understood what we needed to do to work things out, and we managed things appropriately. On this website, find out how to identify your rights and take care of business.