What Does A Business Litigation Lawyer Do?

business litigation lawyer

Business litigation encompasses defending or resolving legal disputes between companies and other parties. In many instances, it is used to describe defending companies accused of misconduct or being sued for a variety of reasons. What do business lawyers do? A business litigation lawyer is a legal professional who is able to manage both minor and significant legal concerns, including lawsuits, that a company may need to navigate as part of its business.

Business litigation lawyers can guide and represent companies when any sort of conflict arises in different aspects of their day-to-day operations. Our experienced legal team is ready to help companies in and out of court to obtain the best possible outcomes.

When Does a Company Need a Business Litigation Lawyer?

When a company needs experienced guidance with legal actions, they often turn to a law firm with a strong background in the appropriate area of law. This can be a smart business move to save on expenses if the company does not deal with a volume of legal matters sufficient to warrant having in-house counsel, as most companies do not find themselves involved in legal action often enough to take on the salary of an in-house, full-time business litigation attorney. Business litigation lawyers have a wide spectrum of professional services they can provide to their clients. Some of the most common include:

  • Managing disputes that arise from contract negotiations or interpretations
  • Representing a client in a breach of contract case
  • Managing strategic business partnerships and interconnected business activities
  • Employment law consulting, representation, and litigation
  • Managing disputes arising from company shareholders’ concerns

Many times, business disputes can be resolved quickly and out of court, which significantly reduces financial costs and emotional stress. In the courtroom, the types of cases handled by business litigation lawyers are often complex. A skilled business litigator will have the patience and knowledge to diffuse these situations and work calmly through what can be challenging and emotional moments.

Alternative Dispute Resolution

If the parties to a dispute cannot work together and reach a solution, we can negotiate the process of alternative dispute resolution (ADR). Many contracts include clauses requiring the parties to initially address a dispute by engaging in mediation or arbitration instead of or before taking a matter to court. Small businesses and large corporations can benefit from alternative dispute resolution. The most common forms of business litigation alternative dispute resolution are:


Negotiation, especially for internal business disputes with partners, is often the first step to repairing disagreements. The parties can meet in a neutral setting, outline their goals, and identify specific conflicts for resolution. This form of ADR is generally informal and has no official oversight.

Even when the parties have worked together for years and feel confident they can reach an agreement, it’s still valuable for each side to retain their own legal counsel.

Once the issues are made clear, the initial discussions could develop into more complicated concerns. Working with an experienced law firm that is prepared for this can prevent the other side from taking advantage of you.


Two people in a mediation. What do business lawyers doMediation is also typically an informal process that involves getting all parties to sit down with a third-party mediator who is neutral in the matter. The mediator will listen to the thoughts and arguments of all sides and review the situation. They will then work to facilitate a mutual resolution among the parties by keeping the discussions focused on the identified concerns while minimizing unrelated interactions.

A professional mediator must have completed training and be licensed by the Texas Mediator Credentialing Association. They will guide the negotiations to a quick and satisfactory agreement among all parties. While mediation itself is not a legally binding process, it often results in the parties signing a mediated settlement agreement. All involved will be required to abide by this document’s terms.

One of the main advantages of mediation is its privacy and confidentiality. It is important to have legal representation throughout the mediation process. A business lawyer will advise you of your rights, ensure any resulting agreements are in your best interests, and that these agreements are legally binding and enforceable.


The Texas Arbitration Act gives legal standing to any agreements that result from this ADR method. Like mediation, many contracts include arbitration provisions, in which the parties give up their rights to litigation and instead rely on arbitration to resolve any disagreements.

During arbitration, the disputing parties appear in front of an arbitrator or a panel of three arbitrators, who are frequently retired judges with a long history of hearing business disputes. Each party presents its case as it would in court, and the arbitrators decide how to resolve the matter. Their decision is binding.

While arbitration does resemble being in court, the process is usually faster than litigation. The rules for arbitration proceedings are modeled after those used in the courtroom, with limited discovery and rules of evidence. Once a decision is made, the arbitrator or panel will render a decision which will be confidential, legally binding, and not available for appeal. Therefore, you should always have an attorney representing you during a business arbitration.

Understanding When Litigation May Be Your Best Option

ADR methods are extremely valuable to individuals, businesses, and the justice system since they reduce the time, money, and court resources required for a resolution. However, even the best efforts of mediators and arbitration panels cannot meet the needs of parties who cannot agree. Each side is only required to share certain information in discovery during arbitration, meaning there may be more to the dispute than first appears.

In these situations, the choice of preparing a business dispute lawsuit for trial may be the strongest option for a satisfactory outcome. Much like any other civil case, each side will prepare their evidence, conduct full discovery, and present their side in a bench or jury trial. If you began your business negotiations with the help of a qualified commercial litigation law firm, they will have already laid the groundwork for this eventuality from the start.

To prepare for the courtroom, your attorney should:

  • Ensure all paperwork and forms are correct and filed on time.
  • File appropriate motions before and during the trial.
  • Represent you during all hearings.
  • Collect relevant and robust evidence to support your arguments, including witness statements, financial records, and expert testimony.
  • Work to negotiate an out-of-court settlement, if possible.
  • Keep you updated on the case’s progress.

Not only are you relying on your lawyer for their experience and knowledge, but you also need them to tackle all aspects of your case so you can focus on running your business. In many instances, hiring a business litigation attorney as soon as possible when disputes arise over contracts, intellectual property, or other matters can help you avoid a trial entirely.

How a Business Litigation Attorney Protects Your Interests

Gathering Evidence and speaking to attorney. What do business lawyers doEven when a dispute is at the negotiation stage, it can take away from your ability to focus on your company’s needs. Indeed, pursuing ADR or litigation can become a full-time job on its own, leaving you with less time and mental energy to grow your business or enjoy time away from work. This is when your business litigation attorney gives you not only skilled guidance but peace of mind.

Your lawyer will start by listening to your concerns during your initial consultation. They should ask questions about the issues and provide an initial approach to the situation. As they learn more about the circumstances, they can further refine the next steps and advise you. Your commercial litigation firm should guide you through several important steps to avoid business legal issues.

Gathering and Preserving Evidence

Many businesses start with a handshake and a verbal agreement, but as a company grows, they must protect their interests with written or digital documentation. Evidence for a successful litigation process can include existing contracts, emails, invoices, ledgers, voicemails, and texts. This material can be voluntarily provided or subpoenaed when required.

Your commercial litigation attorney can analyze this material to identify what will best support your side. They can also determine where any weaknesses may lie. When things become more formal, your lawyer can send letters demanding the other side preserve evidence that will aid your case.

Only Speak with The Other Side with Your Attorney’s Guidance

In-house negotiations may resolve a problem, but they can quickly turn acrimonious. When it appears that talks have broken down and you need to proceed to ADR or trial, it’s crucial that you cease all communication with the other parties. Only speak with them on the advice of your counsel, or let your attorney handle the discussions.

In fact, it’s wise to avoid any conversations about the situation with anyone, including friends and family. You should absolutely refrain from posting any commentary on social media sites, whether it’s your personal accounts or the company’s platforms. Your lawyer can help you or your public relations staff craft appropriate messages as needed.

Let Your Business Litigation Law Firm Manage the Process

No matter where you are in the business dispute process, it’s never too late to engage a seasoned commercial litigation attorney. They will be there to assess the situation and prevent you from inadvertently putting your argument in jeopardy. You may know your industry and business very well, but interpreting the legal risks is best left to trained professionals.

This is especially true if your dispute moves to trial. The intricacies and rules governing courtroom procedures are not a place for first-timers.

To protect yourself and your company, your most valuable asset will be an experienced litigator focused on the best outcome for you.

Houston Business Litigation Lawyers

Our lawyers have experience representing both plaintiffs and defendants in legal disputes. This is a unique advantage as we have experience on both sides of the courtroom and understand the arguments presented by the other attorneys. Knowing the other side and predicting the weaknesses in their arguments makes a business litigation lawyer well-equipped to counter arguments put forth by opposing counsel.

Business litigation disputes require strategic and effective legal strategies that can be adjusted as the circumstances change. Because we work with a wide variety of clients, we are able to develop comprehensive, personalized arguments that fit the circumstances of each case. Being flexible is essential to securing a favorable outcome for our clients.

The dedicated Houston trial attorneys at Feldman & Feldman passionately pursue each case with skill and tenacity but without the overhead of a large law firm. Every case is unique, and there is no one-size-fits-all solution, so we work closely with our clients to get them the best outcomes. If you are facing any type of business dispute or commercial litigation, call Feldman & Feldman today to schedule a consultation to discuss your case.