How to Choose the Right Attorney for Your Business Litigation Needs
March 27, 2025
Businesses across Florida often face disagreements that can escalate into commercial litigation. The Law Office of Stephen Barker helps clients address disputes involving contracts, shareholders, intellectual property, and more.
I proudly serve clients in Boca Raton, Florida, as well the surrounding areas of Fort Lauderdale, Delray Beach, Boynton Beach, Deerfield Beach, Miami, and West Palm Beach.
Selecting the right attorney for your specific needs can have a significant impact on how your case unfolds. Some companies need intense courtroom representation, while others aim to settle matters out of court. Commercial litigation can arise unexpectedly, so it’s crucial to find counsel prepared to handle immediate challenges and anticipate future ones.
Looking Into Your Business's Litigation Needs
Many commercial disputes begin with a contract breach, fraud claims, or conflicts among partners. Before searching for legal representation, it’s a good idea to pinpoint what you need most. A small business might worry about personal liability if it has a sole owner. A larger enterprise may focus on maintaining a positive reputation and limiting public exposure.
You could be dealing with:
Contract disputes: Vendor agreements, licensing issues, or service contracts
Shareholder or partnership conflicts: Disagreements between owners or stakeholders
Intellectual property claims: Involving patents, trademarks, or trade secrets
Employment matters: Non-compete violations, wage disputes, or wrongful termination allegations
Evaluating your situation helps you decide which issues are paramount. Some cases involve specific legal knowledge, which might lead you to seek a lawyer experienced in that specific area. Once you’ve defined your priorities, you can focus on finding counsel well-suited to your scenario.
Searching for Relevant Experience
After mapping out your goals, it’s time to look for an attorney who’s handled similar matters. Industry experience matters if your dispute touches on specific regulations or intricate contractual agreements. A lawyer adept with manufacturing contracts, for example, may not be the best fit for a complicated financial services case.
You can review case outcomes, check past verdicts, or see if the attorney has participated in relevant legal associations. While no outcome is for certain, a track record with disputes like yours might increase confidence that your lawyer can address the issues at hand.
Evaluating Communication Style
Lawsuits can be time-consuming, and unexpected developments might crop up. A business owner’s comfort level with the attorney’s communication style can either ease anxiety or add to the stress. Some people prefer regular updates with detailed explanations. Others want concise briefs that highlight key points without unnecessary details.
When you have your initial discussions, check how clearly the lawyer explains legal procedures. Do they listen closely to your concerns and give direct answers? If you find their approach straightforward and easy to understand, you’re more likely to stay confident about the progress of your case.
Considering Fees and Billing Structures
Business owners sometimes worry that legal costs could escalate. Talking candidly about fees and billing can reduce those concerns. Some attorneys charge by the hour, while others might require a retainer or use a combination of both. Although contingency fees are rare in commercial litigation, it doesn’t hurt to explore every possibility. Common billing approaches include:
Hourly billing: The lawyer’s time is tracked, and you’re billed at a set rate
Retainers: A lump sum paid upfront, with fees deducted as work is completed
Contingency fees: Typically a percentage of the awarded damages, less common in business disputes
Deciding on a billing structure that matches your budget can help you focus on the substance of your case instead of worrying about unexpected charges. Discussing fees early on also helps set expectations about how costs will be tracked and when payments are due.
Checking Availability for Your Case
Commercial litigation can move quickly, so you’ll want to know if the attorney can start promptly and devote enough time to your case. If you’re dealing with urgent deadlines or seeking an immediate injunction, delay could weaken your legal position. An overloaded attorney might struggle to respond quickly to motions or court filings.
Availability goes beyond just freeing up a few hours. It also indicates the lawyer’s readiness to prioritize your case when needed. If the legal matter is intricate or likely to continue for months, you’ll want counsel with the capacity to handle extensive discovery, research, and negotiations.
Reviewing a Firm's Support Services
Significant disputes involve multiple tasks such as interviewing witnesses, drafting motions, or analyzing large sets of documents. That workload doesn’t fall solely on the attorney. Paralegals, clerks, and other support staff often handle essential components of the case. It’s a good idea to see how these tasks are distributed.
A well-organized process might rely on digital tools for case management. Others use traditional methods with paper files and frequent in-person meetings. The key is choosing a law office that manages tasks effectively in a way that resonates with your preferences. If you’re always on the go and need online updates, confirm that the firm can provide them.
Importance of Strategy and Problem-Solving
Commercial litigation doesn’t always lead to a trial. Many disputes can resolve through negotiation, mediation, or arbitration. A skilled attorney looks at all avenues to protect your interests. If negotiations break down, they should be ready to advocate for you in court.
During your initial conversations, ask about the lawyer’s approach to settlement talks and whether they consider alternative dispute resolution. This might prevent a drawn-out lawsuit if a quicker agreement is possible. Having a lawyer who’s equally prepared for settlement and litigation can spare you from surprises if the situation shifts.
Consider the Local Advantage
Florida has its own rules for business disputes, so working with an attorney based in the state can help. Familiarity with local court procedures may speed up filings and clarify what types of evidence or motions judges tend to accept. That knowledge might also reduce travel costs if multiple court appearances are necessary.
Regional rules and deadlines: A local attorney knows how different counties handle dockets and scheduling, so you can feel confident knowing that you're more likely to meet those deadlines and maintain your case.
Knowledge of local businesses and industries: Information about regional markets can give you an advantage in court or negotiations. It can also help keep you from being out of the loop in the event that a negotiation involves an area you may not be as familiar with.
Easy access for meetings: Face-to-face communication can be more efficient for strategizing or resolving concerns both for negotiations and in court.
If your company frequently handles transactions or disputes in Florida, choosing a nearby business law attorney may simplify coordination and minimize delays, which can be especially beneficial at times when time is of the essence. It might also cut down on travel costs or logistical complications when it’s time to meet in person.
Reach Out Today
The Law Office of Stephen Barker assists businesses in Boca Raton, Florida, and the surrounding areas, including Fort Lauderdale, Delray Beach, Boynton Beach, Deerfield Beach, Miami, and West Palm Beach. Commercial litigation can be stressful, especially if you’re unsure how to protect your company’s interests in the courtroom or during negotiations. I’m here to help you decide on the next step for your case, so call my office today.