Category: Litigation

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Litigation

What Is a Commercial Litigator?

Commercial Litigator

When a business or entrepreneur have a dispute with another party, this can result in litigation. This is known as commercial litigation, because at least one of the parties involved in a business entity, and covers a wide range of business legal areas. A commercial litigator is a lawyer who specialises in these cases, working with the parties involved to come to a resolution, or to take the matter to court.

Commercial Litigator

Why do you need a commercial litigator?

The area of commercial litigation is a very broad and complex section of the legal system. When it comes to business, there are all sorts of laws and regulations that need to be adhered to. Trying to navigate this yourself while dealing with a lawsuit is asking for trouble.

A commercial litigator’s job is to specialise in this area of the law and represent the company’s interests in the dispute. Their aim is to defend the rights of the company and get the best outcome possible. They will try to get the matter resolved quickly and out of the courtroom if possible.

What kind of cases can a commercial litigator work on?

Commercial litigators are able to assist in all areas of business and commercial law, including:

  • Contracts
  • Fraud
  • Consumer protection
  • Trademarks
  • Intellectual property
  • Copyright
  • Patents
  • International trade
  • Partnership disputes
  • Shareholder disputes
  • Employment disputes
  • Debt collection
  • And more

Are you having a commercial dispute?

If you are being sued or you would like to resolve a commercial dispute, we at Elmassian Lawyers are here to help. We are expert commercial litigators who are able to assist with any commercial litigation case.

Speak to our commercial litigation team now by calling us on 02 9958 2407 or emailing info@elmassianlawyers.com.au and we will help you get the best outcome possible!

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Litigation

What to Do If Someone Sues You

If you’ve never been sued before or been through a litigation, getting sued can be a shocking and nerve wracking experience. However, there is a process to deal with the matter which will help you to come out of the other end in good shape.

What to Do If You Are Being Sued

What you should NOT do

The worst thing you can do if you are being sued is to do nothing. If you ignore the matter, the other person will be able to take enforcement action against you which can include making you bankrupt and selling your property. The judgement will also affect your credit rating which can make it hard for you to take out loans or do other things such as be a company director. So in short, don’t ignore it!

What you should do

First, you should seek legal advice as soon as you are served with the documents. You only have 28 days to file a defense, so make not of the time and date of when you were serviced. If you were served after 4pm or on a weekend, the time starts on the next working day.

You will need to show your lawyer exactly what is being claimed in the documents. They will then help you to come up with a defense, either technical or substantive. The defense has to be in detail and respond to every allegation in the claim. If you deny an allegation or cannot admit it, you will need to state why. If you don’t, you may be deemed to have admitted the allegation, so be aware of this.

If you are being sued and want the help of a litigation lawyer in Sydney, talk to us at Elmassian Lawyers now. We are experts in litigation and are able to help you resolve your case. Talk to us now by calling 02 9958 2407 or emailing

Categories
Litigation

What Do Litigation Lawyers Do?

If you find yourself with a lawsuit on your hands, or you are looking to take legal action against someone, you are in the process of litigation.

Lawsuits are useful tools to resolve many different disputes legally ranging from injury to monetary loss. But they are also complex and stressful, which is where having a professional comes into play.

Litigation Lawyers in Sydney

A litigation lawyer is a lawyer who handles your case and represents you in court once a lawsuit has been filed. They can also represent someone who has been arrested and is facing criminal charges.

A litigator needs to be familiar with all local civil and criminal procedures in the jurisdiction that they practice. You particularly want one who has experience in the field which you are dealing with in your lawsuit. This will ensure that you have the best possible representation.

When a litigation lawyer is assigned a case, they have to conduct a legal evaluation of it. They will review the facts of the lawsuit and request any additional documents needed such as medical records or employee files (depending on what the case is about). The lawyer will compile a list of witnesses for depositions and for testimony if the case goes to court, and will also get legal experts such as doctors, investigators and criminal analysts if necessary.

It is also the litigation lawyer’s job to draft and file all legal documents during the litigation process and to prepare documents in case the matter goes to trial.

Litigation lawyers do have a duty to try to settle the matter outside of court by mediating and coming to a reasonable agreement between both parties. However, if this is not possible then the case will be heard by a judge. If the lawyer is not satisfied with the outcome, they are able to file an appeal.

When the case is settled, the litigation lawyer will draft a settlement agreement for the parties. This agreement summarises the facts of the case and the terms of settlement. Once the settlement agreement is signed by both parties, the case is resolved.

If you have a lawsuit you need settled, or you are thinking about filing a lawsuit, give us at Elmassian Lawyers a call on 02 9958 2407 or emailing . We are litigation specialists who can help you with all legal cases.