Many business owners picture a courtroom when they hear the phrase “business litigation.” The Small Business Association found that anywhere between 36% and 53% of small businesses are involved in litigation each year. A knowledgeable attorney is a vital resource during business litigation proceedings. However, a business litigation attorney can also be a valuable asset outside of the courtroom setting, working with you to properly form your business and ensure that your businesses and corporations grow, and operate in a legally-compliant manner. Knowing when to hire a business litigation attorney can be challenging for small business owners and corporations alike. If you have legal questions about your Florida-based business, speak with a knowledgeable attorney at Battaglia, Ross, Dicus & McQuaid, P.A. at (727) 381-2300 to understand how we may be able to help you protect your business’s rights under the law.

What Do Business Litigation Attorneys Do?

Some business owners are unsure what to expect when they contact a business litigation attorney. A seasoned business attorney might take the following steps when contacted by a business owner about a potential legal dispute:

• Discuss the business’s situation
• Explain their legal fee structure
• Help business owners weigh options
• Advise whether litigation is the best path forward

For businesses with limited legal budgets, the lawyer may be able to help the business determine when to move forward with hiring a business litigation attorney to proceed with a lawsuit, which ensures that precious legal funds are spent efficiently and effectively. Business litigation attorneys can represent business owners and corporations in court, during settlement negotiations, and in arbitration or mediation sessions. Further, while an attorney is valuable during legal proceedings, they can also offer immense benefit to clients outside of a courtroom setting.

Business Litigation Knowledge Beyond The Courtroom

Many business owners wonder when to hire a business litigation attorney. The answer is often sooner than they would think. A knowledgeable attorney can provide critical legal guidance at every stage of a business or corporation’s life, from startup to growth, to sale or closure. Business owners might want to consult an attorney regarding:

• Business entity formation and structure
• Preparing a business plan
• Determining fiduciary duties
• Identification and fulfillment of legal responsibilities
• Employment contracts
• Preventative actions to avoid potential legal issues
• Fraud protection
• Insurance matters
• Worker’s compensation issues
• An investigation by a government entity
• Environmental compliance issues
• Labor laws
• Franchising
• Disputes between business partners
• The purchase or sale of another business
• Merging with another business
• Succession planning or “handing down” the business to others

Business litigation attorneys often become trusted legal advisors to their corporate and small business clients. Having an attorney as a resource throughout the life of a business allows owners to focus on running the business and feel secure in the knowledge that they have legal support for the various issues and decisions that inevitably arise with running a business. An experienced business litigation attorney at Battaglia, Ross, Dicus & McQuaid, P.A. might be able to help your business grow and protect your Florida business in a legally-compliant way.

Examples of When To Hire a Business Litigation Attorney

The decision of when to hire a business litigation attorney is up to each individual or business. However, there are many common instances in which businesses and corporations opt to retain the services of an attorney. Some examples include:

• The formation of the business or corporation as a legal entity
• Patent, copyright, trademark, and trade secret issues
• The business is named as a defendant in a lawsuit
• Creating contracts for use with employees, customers, and suppliers

These scenarios are just a few examples of when it might be a good idea to hire a business litigation attorney. An attorney can advise business owners on a multitude of decisions with potential legal implications. Businesses often benefit from hiring an attorney before they need one because attorneys are uniquely positioned to foresee potential legal issues and take proactive steps to avoid them.

What to Look For When Hiring a Business Litigation Attorney

Business litigation is a highly specific area of law practice, and there are many attorneys to choose from. According to the American Bar Association, there are more than 79,000 active attorneys in the state of Florida. The decision to hire an attorney is up to each individual or business, which can seem intimidating. When considering whether to hire a business litigation attorney, here are a few important things to consider:

• Knowledge of both business litigation and transactional law. Most businesses face a wide range of legal questions and issues over time. An attorney with knowledge of both business litigation and transactional law may be better equipped to advise and assist business owners regarding their rights and legal options on a variety of issues.
• Transparent discussions regarding cost. Rates vary widely among attorneys, and it is important to understand the costs associated with legal representation. Business owners should discuss legal fees with prospective attorneys before deciding when to hire a business litigation attorney.
• An understanding of the business’s needs and goals. A business litigation attorney who develops an understanding of a business’s current situation, as well as its future goals, may become a trusted legal advisor over time. An attorney who seeks to know a business owner’s long-term concerns and objectives is well-positioned to keep the business’s best interests in mind.
• Clear communication. Some business owners are legally savvy, while others are unfamiliar with the legalese of the business litigation world. It is important for the business owner to ensure that a business litigation attorney understands your level of legal knowledge and communicates with you in terms that you can easily understand.

Contact an Experienced Business Litigation Attorney

Many aspects of the business world are regulated by state and federal law, creating a multitude of potential legal pitfalls for businesses and corporations. Business owners who choose to navigate complex legal issues alone do so at great legal and financial risk. In fact, in the State of Florida, a business entity cannot generally represent itself in court – the business usually needs to be represented by a lawyer. Knowing when to hire a business litigation attorney can save businesses and corporations time, money, and resources. Beyond courtroom proceedings and dispute resolution, business litigation attorneys can become trusted, long-term legal advisors to business owners. If you have legal questions about your Florida business, speak with a knowledgeable business litigation attorney at Battaglia, Ross, Dicus & McQuaid, P.A. at (727) 381-2300 to understand how we may be able to help you with your issue.