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Choosing a Corporate Litigation Attorney

What to Look for in a Corporate Litigation Attorney

As a business owner, corporate director or company manager the word “litigation” is the last thing you want to hear. Whether you are being sued – or you have been forced into a position where you must bring a legal action – you need to know that your attorney is up to the task of protecting your interests through every step of litigation.

Skilled corporate litigation attorneys must possess a deep understanding of the law and an intimate knowledge of the Court’s personnel & procedures, as well as the experience, tenacity & negotiating ability to prevail on your behalf.

A corporate litigation attorney’s tasks are many and varied during the course of litigation – and will depend upon the nature of the dispute, the Court having jurisdiction, and whether the litigation attorney is representing you as a plaintiff or defendant.

Corporate Litigation Attorneys: Initial Case Investigation

Litigation attorneys begin by conducting a thorough initial case investigation. If the litigation is contract or document based, these records must be reviewed. Applicable laws must be researched. And the evidence must be evaluated: is there enough evidence to support filing a lawsuit? Or, in the defendant’s case: what evidence can be gathered to defend against the lawsuit?

At this point, a skilled corporate litigation attorney will be able to advise you honestly if the “odds” are in your favor – and they may often engage in pre-litigation settlement discussions to resolve the matter before a lawsuit is filed.

Corporate Litigation Attorneys: Drafting Pleadings

Litigation attorneys must be skilled at drafting the wide variety of “pleadings” (Court documents) necessary to represent the plaintiff or defendant in Court. Plaintiffs’ litigation attorneys must draft a summons and complaint to commence proceedings. Defense litigation attorneys must skillfully formulate a viable response. Corporate litigation attorneys also draft motions including motions to dismiss, strike, amend or change venue, or for summary judgment, as well as motions for judgment on the pleadings.

Corporate Litigation Attorneys: Discovery

The discovery process of any litigation is crucial to a positive outcome. Interrogatories, requests for production and requests for admission must all be skillfully drafted and/or answered. Depositions often must be conducted. Next, the corporate litigation attorneys must examine the evidence collected, and process and analyze information gathered during discovery.

Corporate Litigation Attorneys: Negotiations

Based upon their legal research and the evidence collected, an experienced litigation attorney will then typically attempt to negotiate a satisfactory resolution. The more “law” that is on your side – and the more “evidence” that is in your favor – the better negotiating position your litigation attorney will be in.

“Going to trial” (having an actual case before a judge) is extremely expensive and time consuming. For this reason the majority of all lawsuits filed in civil court are settled prior to trial. The best corporate litigation attorneys are also skilled and experienced negotiators – who can reach a solution that saves you the expense of an actual trial.

Corporate Litigation Attorneys: The Trial

Some cases, however, simply can’t be settled. In the trial stage, the litigation attorneys will typically: conduct a voir dire to select a favorable jury; enlist the aid of experts; identify strengths and weaknesses in a case; develop persuasive arguments; prepare witnesses for testimony; draft and argue trial motions, and more.

The corporate litigation attorney must be skilled at presenting their case in court, including: presenting opening & closing statements, examining & cross-examining witnesses, and telling a persuasive story for the Judge and/or jury.

Macomb County’s Best Corporate Litigation Attorneys

Our skilled and experienced corporate litigation attorneys know the Macomb County Courts inside and out. We are thoroughly acquainted with the Judges and the Court personnel. We have the skill and the experience to evaluate your legal options, assess the evidence, and advise you on the best way to proceed. Our corporate litigation attorneys also have the years of legal expertise required to draft the necessary pleadings, and conduct thorough discovery.

And, our corporate litigation attorneys are tenacious negotiators who will not back down until a satisfactory result is obtained for our corporate clients. If your company is involved in a situation where you are being sued, anticipate being sued, or are considering filing a lawsuit, call the attorneys at Penzien McBride today.

Macomb County Estate Planning Attorneys: (586) 690-4400