Charlotte Commercial Litigation Lawyer

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Charlotte Commercial Litigation Attorney

Commercial litigation isn’t the first thing on the mind of a new business. However, having a Charlotte commercial litigation lawyer by your side can ensure your business is protected at every stage of its development.

No matter the situation, you would probably rather be running your business, finding new customers, improving products or services, and maybe even doing bookkeeping instead of dealing with a complicated legal issue. At the Tatum Law Firm, we understand that. We realize that people want to do their job, and litigation isn’t a part of it. That’s why we help businesses deal with all varieties of commercial litigation in a way that’s minimally disruptive to their business.

Kinds of Commercial Litigation in Charlotte

Litigation can occur in various venues, each with unique local rules. We have the broad litigation experience that you need and have represented clients in several states in the state trial and appellate courts and the federal trial and appellate courts in these states. We have handled significant complex commercial litigation for JPMorgan Chase Bank, Bank of America, Citigroup, Wells Fargo Bank, HSBC, and the Fidelity National Title Group of companies.

Commercial litigation is the result of issues that arise from business transactions. These cases are generally the result of one side of a transaction believing that the other has failed to live up to their side of the bargain. Some common forms of these kinds of transactional disputes in Charlotte, NC include:

  • Breach of contract
  • Shipping and transport disputes
  • Sale of goods disputes
  • Payment issues
  • Problems with a product or service

The Tatum Law Firm not only knows how to deal with injury cases, but it is also well equipped to deal with cases of commercial litigation. General commercial litigation is a broad area of law that involves disputes between two or more businesses or individuals, typically over money or property.

It encompasses virtually every type of dispute that can arise in the business context including those involving contracts of every type, construction and real estate, condemnation, sales of goods, employment issues, insurance coverage, debt collection and other types of complex litigation.

In the current economic environment, the cost of litigation can be a big issue, especially for individuals and small businesses. Taking a case all the way to trial is expensive. Thus, we seek efficient and economical solutions to our client’s problems. If a trial is unavoidable, then we leverage technology and back office outsourcing to reduce our client’s costs.

Alternative Dispute Resolution (ADR) in the form of mediation, or arbitration, can reduce the cost of resolving a dispute by settling disputes outside of the courtroom. Mediation is an informal alternative to trial where the dispute is resolved by a mediator. However, the mediator does not decide the case; rather he or she helps facilitate communication between the parties so they can settle the dispute themselves.

Arbitration is a simplified version of a trial involving limited discovery and simplified rules of evidence. A neutral third party, known as an arbitrator, who considers arguments and evidence from both sides, then hands down a decision, which sometimes is final and binding. Both North Carolina and South Carolina have adopted the Uniform Arbitration Act.

How a Commercial Litigation Attorney Can Help in Charlotte

When you have a potential commercial litigation issue, you don’t want to ignore it and hope it will go away. If someone else is coming after you, they aren’t going to stop. If you need to hold someone else accountable for their failure to do what was agreed upon, then it’s not going to resolve until they understand how serious you are. Wherever your commercial dispute stands, you can benefit from the help of working with a commercial litigation team like you’ll find at the Tatum Law Firm.

When we work with clients on a potential commercial litigation case, we research the situation thoroughly. We investigate everything that could be pertinent, such as products or services, contracts, the different parties involved, and anything else that might be relevant to the situation. We have a strong understanding of both the law and business practices that can help guide us in our investigation.

When we have a firm comprehension of the situation, we can work on your behalf with the other party. Often, it’s preferable to avoid going to court if we can. The expense of that process, in terms of both money and time, is typically not ideal for everyone involved. This means there may be a willingness to negotiate a solution outside of court. We can represent you in these negotiations. The benefit of working with a commercial litigation lawyer during the negotiation process is multi-faceted, but two things in particular stand out.

Firstly, we have an understanding of what a reasonable agreement would be in your given situation, knowing what the alternative of a court case would likely result in. Secondly, when you have a lawyer on your side, your negotiation carries more weight. There is a more than implicit threat that you are willing to go to court if necessary. This kind of seriousness tends to bring even the most unwilling of parties to at least consider a settlement.

However, if some kind of agreement can’t be reached, the dispute may have to go to court. If that’s the case, then we are prepared to argue on your behalf. We use our understanding of the law and the unique nature of the situation to craft a strong argument for your case — and to counter the other party’s claims as well. We aim to get the most favorable outcome for you so that you can get back to doing business.

We are available to appear in both state and federal courts to obtain injunctive relief for our clients. An injunction is a court order to preserve the status quo and to prevent irreparable harm by requiring a person to do (mandatory injunction) or cease doing a specific action (preventative injunction). Our firm has represented clients in obtaining temporary restraining orders, preliminary injunctions, and permanent injunctions.

We handle commercial litigation cases using a variety of fee arrangements, including (1) Time-based, (2) Fixed, (3) Contingent, or (4) combinations of all three. “Time-based” means a fee that is determined by the amount of time involved such as so much per hour. “Fixed” means a fee based upon an agreed amount, regardless of the time or effort involved or the result obtained.

“Contingent” means a certain agreed-upon percentage or amount that is payable only upon attaining a recovery regardless of the time or effort involved. We can offer different fee structures to provide our clients the greatest flexibility regarding the cost of the legal services before the work begins.

At the Tatum Law Firm, we are also equipped to take on condemnation cases. Condemnation is defined as the act of taking private property for public use, often called the power of eminent domain. The power is established by the United States Constitution and is generally reinforced in state constitutions.

The policy behind condemnation is that the government has the right to take private property if the purpose is to confer a use that would be considered good for the general public. For example, the government may take land to build a road. If the government does take private property, the property owners have a constitutional right to receive full and fair compensation for it. We can help landowners in all condemnation-related matters, including receiving just compensation when their property is taken.

Whether you are dealing with a residential or commercial lease, legal conflicts in this context can become very costly and disruptive to everyone involved. Lease disputes arise when the parties disagree about a term or provision of the lease contract.

In some instances, the parties may disagree about the validity of the lease altogether. If you’ve reached a point where you need help resolving your lease dispute, you should contact an experienced attorney who can assess your case.

What to Look for in a Charlotte Commercial Litigation Lawyer

Your business is important to you, and when you get a lawyer involved, you want to be sure they are going to do right by that business. You want to know that you have someone you can trust with such important matters. Additionally, you want to be sure you have someone who is going to give the strongest case that they can on your behalf.

Before you hire a commercial litigation lawyer, it is crucial to discuss your case with them. This way, you can get a good sense of if they are going to be able to help you. In addition, there are some traits you should make sure your commercial litigation lawyer has:

  • A Strong Understanding of Commercial Law: Because commercial law is a unique form of law, you want a lawyer who has a good understanding of how that law works and can apply that knowledge to your case.
  • A Good Sense of Business: Your business is important to you, and working with a lawyer who understands not just the law but also the other pressures a business faces can help give you peace of mind that you’re in good hands.
  • Attention to Detail: Commercial law is a particularly detail-driven area of law. A lawyer who works well with the minutiae of a case is essential.

Let Us Handle the Litigation While You Handle Your Business

No one goes into business to deal with legal issues. Unfortunately, though, part of doing commerce is that issues can arise. There are times when parties involved in transactions fail to uphold their part of the bargain. In other instances, a business is accused of not providing the service or product that they were supposed to. Everything from payment issues and shipping disputes to claims of false advertising can threaten to disrupt your business.

When these things happen, you need to be able to turn to a legal team that you know understands the full complexity of commercial law. You also want to trust that they want to protect your business that you work so hard to maintain.

At the Tatum Law Firm, it’s our job to handle the litigation so that you can handle your business. We understand you have a lot of handle with your business’s operations, and we want to get you back to it with as little hassle as possible. Contact us to discuss your commercial litigation situation today.

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