Do’s and Don’ts of Commercial Litigation Maryland Businesses Face
You are likely reading this article because you are currently involved in commercial litigation, you have been involved in commercial litigation in the past, or you expect that you will be in the future. This is common for all business owners and, while litigation is never pleasant for the parties involved, it does not have to be a life-ruining experience. Consider these do’s and don’ts of commercial litigation that may help make your business litigation experience easier to handle:
1. Get your timing right. If you believe that you have been wronged and that you need to file a lawsuit against someone else in regard to your business relationship, make sure you get your timing right. You certainly do not want to wait too long to file a lawsuit because the legal system has deadlines for filing complaints related to any commercial litigation dispute you may have. However, it is also important to keep a cool head and make sure that you have all the facts before jumping to litigation. Litigation can be costly and time-consuming; get the facts and make sure your dispute is not merely an understanding that can be resolved before filing a lawsuit.
2. Abide by all court deadlines. The legal system operates on deadlines and can be incredibly unforgiving. If you file a lawsuit, or if you have been sued, make sure that you check the laws of your state and the rules of your local court to see if there are deadlines associated with your case that you must follow. Strictly abide by these deadlines. Do not rely on extensions. Be early. Do not risk losing your lawsuit because of a missed deadline.
3. Make sure you follow the letter of the law. Each state and each local court has laws and rules that will affect your case. This includes what kind of evidence you can bring to court, how you can bring it to court, and what you need to do to prove your case. In the case of a contract, for instance, many courts require that you bring a copy of the original contract to trial if it is in dispute. Know the requirements in your court and follow them.
4. Be respectful, courteous, and honest. When talking to other parties, attorneys, judges, or court staff, maintain your composure. Commercial litigation can be an emotional experience, but you stand to gain much more by being polite than you ever could with an emotional outburst. If you have difficulty staying calm, bring someone with you to hearings or trial who can help you keep a cool head.
5. Consider hiring a Maryland business law litigation attorney early in the life of your case. An attorney can help with all of the above tasks. An experienced business litigator will know the deadlines and rules of your court. They will help you present a compelling case to the judge or jury and they will be able to help you stay calm and focused during any negotiations or arguments in the case.
Commercial litigation Maryland companies deal with, for better or worse, will likely be part of your business experience at some point. Remember these tips if you are ever involved in litigation and, above all else, consider hiring a competent commercial litigation attorney to advocate on your behalf.
Answers to Common Questions
If your firm is engaged in a dispute and needs a law firm that focuses on commercial litigation Maryland companies rely on, contact us at Brown & Gould. We are a boutique law firm whose founding partners have more than 20 years of experience in commercial litigation.
Maryland commercial litigation can be fraught with frustration and difficulties due to the complexity of state and federal laws. Our attorneys are adept at navigating the legal corridors to provide outstanding representation for our clients. If you would like to discuss your case with a Brown & Gould lawyer who has experience with commercial litigation Maryland firms count on, contact us.
Each case is unique and laws vary depending on the circumstances. To address your specific questions regarding commercial litigation in Maryland, a consultation with one of our attorneys is advisable. However, here are answers to some common questions.
What is commercial litigation?
Commercial litigation generally focuses on the protection of a business’ interests as opposed to an individual’s. It can involve legal counsel, document review, negotiations, and much more. When it comes to commercial litigation Maryland businesses may have many reasons to seek a qualified attorney. In fact, commercial litigation encompasses many different areas of the law including:
- Business contracts
- Hiring and separation agreements
- Mergers and acquisitions
- Patent disputes
How will we know if we need a commercial litigator?
If your company is facing a lawsuit, it is good practice to consult an attorney experienced with commercial litigation Maryland business owners and executives turn to in similar circumstances. This is true whether you will be the plaintiff or the defendant. Contact us at Brown & Gould to arrange a no-cost, no-obligation case review with one of our commercial litigators. This may provide you with more information and guidance for moving forward.
What can a commercial litigation lawyer do for my company?
Due to the specialization and complexity of commercial litigation at the state and federal level, an attorney may protect your company’s best interests and minimize its legal risk. An attorney from Brown & Gould may advise your firm, executives, and employees of their legal rights and obligations. This may benefit your company’s short- and long-term strategy as it could save money and reduce the likelihood of future litigation.
What is the difference between mediation and arbitration?
Mediation and arbitration are often used in commercial or business disputes to settle matters outside the courtroom. However, there are differences between the two.
- Mediation. A neutral third party who is the designated mediator is specially trained to help businesses resolve their conflict. A mediator does not decide which party wins the dispute, but rather, helps the parties come to a mutual agreement. Mediation does not guarantee a final resolution of the dispute.
- Arbitration. This process relies on using a neutral arbiter who will make a binding decision on the conflict. Before the arbitration process begins, both parties agree to adhere to the decision made by the arbiter, which is what makes it binding. This can be a much faster and more economical solution than pursuing litigation in the courtroom.
Brown & Gould
Our core business philosophy is to provide clients with the highest quality representation without incurring unnecessary costs. Our attorneys litigate civil matters for businesses and individuals in Maryland courts as well as in federal court. Please contact us if your firm is in need of an attorney who may provide successful commercial litigation Maryland companies count on.