Commercial litigation lawyers are used by both companies and individuals but it’s not something that happens often. These people or companies may only ever have a need once or perhaps twice and only when there is a lot at stake. Sometimes, when something goes wrong, losses can skyrocket or go haywire. A good commercial litigator can help clients through these disputes and guide them through calmer waters. To choose a good commercial litigation lawyer, take a look at some of these tips.
1. Checking Lawyer’s History
You need to check a lawyer’s licence status as well as their discipline history. A directory with all this information is available. The Law Society of Upper Canada in Ontario has this directory.
2. Court Records
There are some public and free databases of court decisions. Enter your lawyer’s name; since it’s a litigation lawyer, their name will crop up. Some cases aren’t published because they are settled out of court, so keep that in mind. There may not be a long list of cases about your lawyer. Read the judge’s comments on the lawyer. Look for any criticism of the lawyer’s ethics and competence. This is important, not whether the lawyer won or lost, since good lawyers do lose too. The Canadian Legal Information Institute is also a good, free resource.
3. Check LinkedIn
This is a good resource to do a bit of research. Check to see if anyone recommended your litigator or potential litigator here. This is a site where people use their real name and real information. Their professional bio is there for all to see so in a way, their reputation and good name is at stake. Other people on this site tend to be respectable business people and professionals. Have any of them recommended your litigator for projects in the past?
4. Litigator Always Saying “Yes”
If a litigator agrees with you on everything and always says “yes”, be wary. In fact, it may be a good idea not to use this person. This generally means that they want your business above all else, including your best interests. They may offer unethical solutions and if so, you should not work with this person.
5. The Lawyer Takes On Limited Files
If a lawyer takes on only a certain number of files a year and they can tell you what this is approximately, that will be helpful for you. This shows that the lawyer won’t take on more than he or she can handle and is totally focused on those that are taken on. This is also critical for their success.
6. Aggressive Lawyer
If a lawyer tells you that they are aggressive, this should deter you from using him or her. In Ontario, saying something along these lines is professional misconduct. The use of aggressive tactics will cost more and not necessarily yield the best results. Judges are also not appreciative of an aggressive approach from a lawyer. In the end, you are the only one who will end up paying.
Use a systematic approach to finding your lawyer. Like a marriage, it’s a commitment on the part of both sides and you’ll need to work closely. A good litigator will try to resolve the problem for you once and for all.
