Commercial Litigation In Miami – A Stage-by-Stage Timeline From Filing To Resolution

Owning a business is an exciting venture, but it can sometimes run into trouble in matters of civil law. If you are a business owner who faces contract disagreements, conflicts in partnerships, or issues with intellectual property, you may benefit from working with a commercial litigation attorney. This is a person with precise knowledge of Florida business law to help you navigate a conflict through mediation, arbitration, or, should it come down to it, representing you in court.

No matter what struggles your business might face, a commercial litigation attorney can help you. Read on to learn more about how commercial litigation works, and how the team at Xander Law can help protect your best interests.

Common Areas of Commercial Litigation in Florida

“Commercial litigation” can refer to a number of conflicts that business owners may face. Here are some of the most common business conflicts our lawyers can help with.

• Breach of Contract: This is when business parties fail to fulfill agreements they signed on to.
• Business Torts: This may refer to actions that cause economic or personal damage, such as fraud or defamation.
• Intellectual Property Disputes: This refers to issues involving trademarks and other copyrighted ideas.
• Real Estate Litigation: Disputes related to commercial property transactions fall under this category.
• Employment Litigation: Should lawsuits arise due to wrongful termination or wage disputes, they fall under this category.

Any sort of lawsuit requires a thorough investigation to assess the viability of the case. This may involve reviewing relevant emails and contracts. If a case has merit, potential defenses are drafted, and key witnesses may be questioned. A commercial litigation attorney will initiate a legal hold to preserve any evidence supporting the claim, and then draft a letter to attempt a settlement. This is a much preferred solution that avoids the time and expenses of going to court.

What Are Key Pre-Filing Considerations?

If a business-related complaint is raised, a commercial litigation attorney will assess the following:

• Documentation Review: This involves analyzing all relevant communications, such as contracts or invoices, to support the complaint being made.
• Case Strength & Liability: An attorney will identify all the possible defenses from the other side and the likelihood of a successful case.
• Damages Evaluation: This involves calculating all the losses that may occur, such as lost profits and out-of-pocket expenses for the complainant.
• Counterclaim Risk: An attorney will consider all counterclaims that the opposing party might make, and prepare accordingly.
• Enforceability and Collection: An attorney will determine if the defendant has the assets to pay after a judgment is made.
• Litigation Cost and Budgeting: This is also called making an “asset search.”

Case Evaluation Strategy

To determine the strength of a case, a commercial litigation attorney may conduct the following:

• Identify Key Witnesses: This requires interviewing key witnesses who are relevant to the issue at hand.
• Preserve Evidence: An attorney will issue a “legal hold” on supporting documents, particularly electronic communications.
• Research the Opponent: The history of the defendant, including their reputation and likelihood of filing a counterclaim, will be researched.
• Venue and Jurisdiction: The attorney will determine the proper court to settle the dispute.
• Alternative Dispute Resolution (ADR): This step involves considering if a contract requires mediation or arbitration before filing a complaint.

Drafting and Filing A Complaint

A commercial litigation complaint involves a lawsuit that requests some sort of relief against the defendant, often requesting money to compensate for some type of damage. An attorney will then identify the proper jurisdiction, venue, and answer the “Who, what, when, where, and why” of the matter. The defendant will be summoned once the complaint is filed with the court.

Depositions and Expert Witness Involvement

Expert witnesses play an important role in commercial litigation cases. They are the ones who can explain complex issues and determine the outcome of a case through reports and depositions. Expert witnesses explain their methods and credentials, and confirm facts under cross-examination by the opposing attorney.

Mediation and Alternative Dispute Resolution

Working out a solution between the conflicting parties outside of court is a way to save time and expenses. However, if a solution cannot be agreed upon, the issue moves to court for a higher authority to settle the matter.

Trial Preparation and Courtroom Proceedings

A trial will involve a case strategy, presenting key evidence, and preparing witnesses. The courtroom proceedings begin with opening statements that explain the conflict, and conclude with closing arguments, culminating in a final decision by a judge or jury.

Post-Trial Motions and Potential Appeals

To avoid legal errors, commercial litigation post-trial motions are filed within the trial court. Any motions must be filed within a strict deadline: typically, within a month of the judgment handed down. This is to preserve arguments for appellate review. Any appeals will involve review by a higher court.

Understanding Timelines And Factors That Can Delay A Case

Typically, complex commercial litigation cases can last anywhere from one to three years. However, simpler cases can be resolved within six to twelve months. The process of filing can take one to three months, discovery requiring six to twelve, and motions up to three or six months. Delays can occur if there is a great deal of documentation, expert witness requirements, or court backlogs. It’s also not uncommon for opposing counsel to intentionally cause delays.