Albert Moore, Attorney at Law

Why Should I Hire A Business Litigation Attorney To Represent My Company?

Under the law, it’s required that a corporation cannot represent itself. If the business owner is the plaintiff in the case and files it without counsel, it’s probably going to be dismissed. If the business owner is the defendant and tries to proceed without counsel, then a default is probably going to be entered and the plaintiff is pretty much going to get whatever they asked for unless it’s unreasonable. You need someone who is familiar with the rules of civil procedure, the rules of evidence, case law, and the statutes. If you don’t follow the requirement to obtain counsel, then you are going to end up on the losing end of the case and possibly having to pay the attorney’s fees of the other side as well.

How Do Companies Respond To An Internal Corporate Or Partnership Dispute?

If a dispute is between co-employees or an independent contractor or an employee, it could be handled internally, sometimes with counsel and sometimes without. That is why we have Human Resources Departments. Sometimes, however, HR departments cannot make the problem go away and the attorneys have to get involved. One thing that becomes especially problematic is conflicts of interest. If you have a corporate entity that gets involved in a dispute between two of its employees and one of those employees says they need a corporate lawyer to represent them, there is a conflict of interest.

You can’t pick and choose which particular employee you are going to represent. A lot of times, everyone will get lawyers. The attorney representing the business entity will have their attorney and the employees will each have their attorney, and it will get hashed out that way. A lot of times, you will have employment agreements that will have those policies set forth in writing and they will have proof that those have been issued and received, signed by the employees. If a dispute arises, there is a policy in place and the employee must follow that policy. If they don’t and they sue, unless there is something patently illegal about the policy, then the courts will uphold the policy.

Attorneys have to be careful about conflicts of interest and it depends on the exposure and involvement of a corporate entity versus the protections that would be afforded by any type of corporate attorney to the employee. If there are employee disputes, you have to be very careful about the corporate attorney to getting in the middle.

For more information on Hiring a Business Litigation Attorney, A Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (772) 242-3600 today.

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