Don’t shoot the messenger, but if you’re asking this question, you probably already need a commercial litigator. The temptation is to think you don’t hire an attorney until something has risen to lawsuit level. But we suggest you sing a different tune than “Wait.” Check out our top play list of clear signs it’s time to bring in a commercial litigator.
1. Someone Gives Love a Bad Name
Contracts are the bread and butter of a business. So, contract disputes can throw a major monkey wrench into the operation. When one party doesn’t hold up their end, doesn’t make a payment, breaks an agreement, doesn’t deliver, or accuses you of doing any or all of the above – things can heat up fast.
If the conversations have turned into threats or the other party has hired a lawyer, it’s time for you to do the same. A commercial litigator can assess your rights, evaluate your options, come up with a game plan and minimize damage. Best of all, a commercial litigator can help you avoid litigation. It all starts with an experienced eye to review your contract, its dispute resolution and termination clauses, and your options as to applicable law and forum.
2. Someone’s Lost that Loving Feeling
Sometimes, co-founders, shareholders, or partners stop seeing eye-to-eye. Maybe one party simply has a different vision of what direction the business should be going. Perhaps you suspect funds are being misused or someone is improperly making decisions or violating agreements. Whatever it is, discord at the top can infect everything from operations and cash flow, to your reputation in the industry or market.
Even if you’ don’t want to make it a “legal thing” yet, tapping a commercial litigator will quietly help you understand your position and gather pertinent information, so that you’re prepared if things break down. The sooner you get advice from a commercial litigator, the better. You need that expert take on the quality and quantity of your evidence to maximize your chances of an optimal outcome and possibly minimize potential dispute costs. It will make all the difference if the relationship disintegrates.
3. Someone’s Done Somebody Wrong and They’re Saying it’s You
Accusations of wrongdoing can range from being accused of breaching a contract to allegations of misconduct from a present or former employee. It might also be a competitor claiming your business infringed on their intellectual property. Even if the claim is pure nonsense, take it seriously. A commercial litigator will help you respond appropriately and strategically navigate the situation so you avoid missteps that could cost you significantly
4. Someone’s Costing you Money, Money, Money
If another business or party is making shady moves that hurt your bottom line, you definitely need a commercial litigator. Things like fraud, misrepresentation, defamation, intellectual property infringement with your business relationships aren’t just bad behavior—they’re actionable business torts. Get thee to a litigator. Assess, mitigate, and contain the damage.
5. Lease on the Rocks (or Real Estate Agreement)
Is your landlord not holding up their end of the lease agreement? Maybe a zoning issue has just pumped the breaks on your expansion plans. Real estate disputes can stall your business, drain your resources, and distract your team. A commercial litigator can step in to resolve the issue and get you back on track.
6. Can’t Take My Eyes Off of You – Because Something Feels Off
There’s no dispute. Everyone is still being polite, but your gut says something’s not right. Maybe phone calls are not returned. Meetings are postponed. Is that contract enforceable? Are you protected enough in your agreements and deals? What about upcoming deals? Maybe you just need a sounding board. Now is the ideal time to involve a commercial litigator. Think of them not just as courtroom warriors—but as business advisors who can spot red flags before they morph into six-figure legal headaches.
Heaven Can Wait – But Hiring a Commercial Litigator Shouldn’t
The smartest companies involve commercial litigators early— to identify the storm warnings and vulnerabilities and to prepare strategic responses. And yes, they are prepared to fight the fights, but ideally, they’ll help you avoid them altogether with your business goals front and center. You’ll notice we keep saying Commercial Litigator. There’s a reason for that. If anything in a dispute relates to the business, you better have a commercial litigator, not just a trial lawyer. You need someone who truly understands the commercial of commercial litigation. Otherwise, you’re at a disadvantage.
