The wrong attorney could cost you your business.
I mean your business. Your reputation. Years of hard work and profits. Commercial bankruptcies increased 40% in 2024 alone, so the stakes have never been higher.
But wait, there’s a good news…
The right commercial litigation attorney can protect your business and give you the best shot in court. They can help you resolve complex disputes, safeguard your assets, and secure the best outcome possible.
In this post, we’re going to cover:
- What Is Commercial Litigation?
- Why Your Attorney Choice Matters More Than You Think
- The 5 Most Important Qualities To Look For
- Red Flags You Should Never Ignore
What Is Commercial Litigation?
Commercial litigation refers to the legal process of resolving disputes through the court system involving businesses or commercial transactions.
Commercial litigation can cover a wide range of disputes like breach of contract, partnership disagreements, fraud allegations, and intellectual property disputes.
When two businesses can’t settle their differences privately, they have to go to court to get it litigated and decided.
The litigation process itself involves filing lawsuits, discovery, presenting arguments in court, and eventually having a judge or jury decide the outcome.
It’s a lengthy, costly, and stressful process.
Which is why hiring the right attorney is so critical.
But here’s the thing…
Not all attorneys are created equal. Some may focus on corporate law, but lack courtroom experience. Some may be great trial lawyers, but have no idea how your industry works.
You need an attorney who’s both a businessperson AND a courtroom fighter.
Why Your Attorney Choice Matters More Than You Think
The majority of business disputes end up being settled instead of going all the way to trial.
Settlements occur long before you even step foot in a courtroom.
But having the right skilled litigator on your side can make all the difference in settlement negotiations.
Why?
Because the other side knows what your attorney is capable of.
The other side knows if your attorney has the skillset to win at trial. They know if they will ever see the inside of a courtroom over your dispute.
If they know your lawyer has the rep of being a winner in trial, they will be more than willing to offer a good settlement. But if you pick the wrong attorney?
You could end up paying through the nose in legal fees and getting nothing in return, lose your case outright due to poor strategy or legal advice, or settle for peanuts instead of millions.
The price you pay for choosing the wrong attorney in business can be much more than just financial.
The 5 Most Important Qualities To Look For
Let’s now get into how to identify and choose the right commercial litigation attorney for your business.
Here are the 5 qualities to look for in a commercial litigation attorney.
Industry Experience
You need an attorney that specializes in YOUR specific industry.
An attorney that already knows your business, understands your industry, and is well-versed in the common disputes that occur in it. An attorney that has already dealt with clients just like you in your position and has litigated those disputes.
For example, if you’re a tech company owner, you don’t want an attorney who doesn’t know the first thing about software licensing disputes or intellectual property litigation.
You need an attorney who specializes in these areas.
If you’re a real estate developer, don’t pick an attorney who’s never worked on a construction law dispute or contract disagreement.
Specialization in your industry matters.
Trial Experience & Proven Track Record
Breach of contract disputes jumped 15% in 2023 alone.
Litigation is still going up, case after case. Year after year.
With more cases going to trial, you need an attorney that has courtroom experience.
You need an attorney that has tried cases. An attorney that knows how to win at trial.
During your initial consultation with prospective attorneys, you should ask them about their trial experience.
How many cases have they taken to trial? What were the results?
Ask to speak to clients that have used the attorney to litigate disputes before.
You want to find a winning commercial litigation attorney.
A 75% trial win rate is better than a 50% win rate.
Excellent Communication Skills
Your attorney needs to be able to clearly communicate with you on your case.
Explaining complex legal issues in terms you can understand is a skill. You want an attorney who can do this.
Additionally, good communication goes both ways. Your attorney should be returning your calls, not taking days to do so. You should know where your case stands every step of the way.
If they can’t clearly communicate with you? They won’t clearly communicate with a judge or jury either.
Bad communication breeds mistakes. Mistakes lead to missed deadlines, legal errors, and bad outcomes.
Strategic Thinking & Problem Solving
Strategy matters more in litigation than you might think.
The best attorneys are always thinking several steps ahead. Anticipating what the other side will do, while also figuring out how to counteract those actions.
They’re also creative problem-solvers. They know how to come up with solutions for complex disputes.
Your attorney should be thinking like this.
They should be able to tell you exactly why you have a strong case to win, or why you need to change certain elements of your legal position.
Strategic thinking can be the difference between winning and losing.
Clear Fee Structure
You can’t walk into an attorney’s office without hearing the word “cost” at some point.
Legal fees will rack up very quickly in any litigation case.
You want to work with an attorney that’s up front about fees and pricing.
Ask them during the initial consultation.
- How much do they charge per hour or flat fee?
- What do they estimate your total case costs to be?
- Are there any other costs you should know about?
If they won’t be upfront and honest with you about legal fees, that’s a major red flag.
Red Flags You Should Never Ignore
Let’s quickly talk about red flags. Red flags that should always cause you to move onto the next attorney.
- An attorney that doesn’t specialize in business or commercial disputes. They dabble in business law, but mostly handle personal injury or family law cases. Stay away.
- Bad communication right from the start. If an attorney takes days to get back to you on an initial phone call, how are they going to communicate throughout your case? Poor communication will only get worse the longer your case goes on.
- Unrealistic promises. Be very, very careful of any attorney that guarantees results or outcomes. No attorney can do this. You never hear about the cases an attorney loses, or has lost. A smart consumer is always skeptical of attorneys who are making “too good to be true” promises.
- Vague or unclear strategy. If an attorney can’t clearly outline a potential strategy in your initial consultation, that’s not a good sign. A good commercial litigation attorney should be able to walk you through a basic strategy, with the strengths, challenges, and possible weaknesses it would present.
- Pressuring you to hire them on the spot. Any attorney that pressures you to sign a retainer agreement on the spot is not a good fit. Good attorneys understand you need time to consider your options, meet with multiple attorneys, and decide.
Time To Make Your Decision
It’s now up to you.
You’ve met with several attorneys. Done your research. And you have a short list of candidates that meet the criteria.
I recommend interviewing at least 3-5 attorneys before making your final decision.
Which one do you go with? The cheapest? The one with the fanciest office?
Take a step back.
Beyond credentials and case experience, trust your instincts.
Does the attorney listen to you? Do you feel respected? Can you be honest with them?
There are many things that go into choosing the right commercial litigation attorney for you and your business. The ones listed above are some of the most important.
But the final decision comes down to you.
Don’t rush this decision. The attorney you choose today may determine your business’s fate tomorrow.
