Starting a business takes a lot of guts and, of course, money. Maintaining one needs good management, a cunning attitude, and one hell of a good luck. However, no matter how much caution you put to protect your business, you will find out that there are people who are full of trickery hidden up their sleeves. When you find yourself in such unfortunate circumstance, I believe commercial litigation is the wisest call.
Say, you find yourself trapped in the following scenarios: an associate who ran away with your money, a supplier who provided you with worse than sub-standard materials or ingredients, a partner who went away with half of your investors and built his own competing company. The list goes on. Thing is, you took all the risk in building a business. Sooner or later, those risks will come taunt you, and you will need damn good legal representation.
Okay, so maybe you can settle the issue or dispute without entering commercial litigation. You still need a brilliant lawyer to help you achieve that. It all depends on the kind of person you are. If you want a swift, diplomatic way out of your mess, you can ask your lawyer to resolve things through monetary settlement-that is, if you managed to catch the prick that tricked you. Now, if you’re the kind who wants more drama, (also, given that you already identified your culprit) you can go out and request a trial case leading you and your felon friend to commercial litigation.
Running a business is tough. And it is more than enough work dealing with people screwing you and your business around. You do not need that hassle when you are already up to your eyebrows trying to keep your business going. Get your lawyer to settle this mess-with instructions from you, of course. Commercial litigation is just like other legal trials. The only difference is that this directly affects you. Well, not only you, for that matter, but your business as well. And because it affects your business, it will affect other people too, depending on how big your business is and how large the damage done by this fraud (or whatever the offense is in your context).
If you decide to pursue commercial litigation, your lawyer must be competent enough to build a solid case against your suspect. Actually, brilliant lawyers don’t need to bring a commercial case in court. They can settle things without facing the bench-provided they are cunning, resourceful, and good negotiators. Of course, as mentioned above, it all depends in your preferred medium-backdoor negotiations or court trials.
Whatever medium you choose is up to you. However, I believe that commercial litigation is called for when your suspect is not swayed by just negotiations. You will not just let him or her walk away unpunished or without you properly compensated right? If court trials are the only way left, you and your legal party should be armed with your evidences and arguments. If you and your legal counsel are armed with enough cards, there is no way that scumbag who tricked you will ever get away.