A dispute may occur in the landscape of commercial real estate. There are many reasons why conflicts arise. The reason could be anything, like a contract breach, a lease dispute, construction defects, or even property damage. Solving such matters often involves litigation. Litigation is a complex process that requires careful planning and legal expertise. We will be discussing how commercial real estate litigation is conducted.
Understanding the Dispute: Commercial Real Estate Litigation
Choosing the Right Attorney
If you are facing a commercial real estate dispute, you need to turn to a qualified litigator. They will guide you through their years of experience in commercial real estate litigation.
- Specialization: You should look for an experienced litigator. Someone who has resolved commercial real estate litigation matters before. They are qualified enough to understand how to tackle different legal issues.
- Reputation: Run a background check on the lawyer you choose for yourself. Find out how successful and reputable they are.
- Communication: Communication is very important. Make sure your lawyer answers your queries and responds to your concerns. They should be available to communicate with you.
Case Assessment
A lawyer first needs to understand what the actual issue is and then collect proof to be able to present the case to court.
- Matter of the Case: The lawyer needs to clearly define what the conflict revolves around. Did one party breach the contract, or has the landlord claimed the tenant has damaged their property, or is the matter regarding lease termination?
- Gather Evidence: After determining what the case is about, the lawyer needs to gather proof of the violation. They need the lease document, all correspondence, and communication between the parties. They need emails and photos of any physical evidence as well.
Pre-Litigation Strategies
Your lawyer will try to negotiate or mediate before taking the case to court. If they feel that the matter can only be solved through litigation, then they take the matter to court.
- Negotiation: Your lawyer will negotiate with the other party to reach a solution. If negotiations don’t work, they will try to mediate or arbitrate.
- Mediation or Arbitration: Lawyers first try to resolve matters without court intervention. They will try to mediate or arbitrate for an out-of-court settlement. These cost less than litigation.
- Demand Letter: The lawyer will send a formal demand letter stating your claims for a solution.
The Litigation Process
If negotiations and mediation don’t work. Your lawyer will start the litigation process. It’s not a simple process and requires careful planning and execution.
- Complaint: You are the plaintiff. The plaintiff is the party filing the lawsuit. The plaintiff files a complaint which mentions the details of the dispute. The complaint also seeks court intervention to resolve the matter.
- Answer: The other party is the defendant. The defendant is the accused party. The defendant answers your complaint. They either admit the accusation, deny the accusation, or defend their stance.
- Discovery: After that, both parties move to the discovery process. Discovery is the process by which both parties acquire information. It might involve depositions, inspections, interrogations, and requests for documents.
- Motion Practice: After that is taken care of, both parties file motions. Motions are filed to either dismiss the case, or for summary judgment without a trial, or to compel discovery of missing documents.
- Trial: The matter goes to trial if a settlement or summary judgment cannot be reached. The verdict will be decided by a jury or judge.
- Appeal: The losing party can make an appeal to the court's decision to a higher court.
Some Tips for Success
Here are a few tips on how you can aid your attorney in tackling your legal matter.
- Be Prepared: You should always have everything documented in case a legal conflict arises. You have to gather all the evidence the attorney needs to fight your case.
- Communicate with Your Attorney: You should have honest and open communication with your attorney. Update them of any small or big developments regarding your case. Don’t hide even the most trivial matter, from your attorney, that can have an impact on your case. Keep your attorney informed of any developments or changes in the case.
- Be Patient: Litigation is a lengthy process. It takes time for the court to conclude. Be patient and understand there can be delays and setbacks.
- Follow Your Attorney's Advice: Trust your attorney. They are experienced in handling legal matters. Follow their advice and let them guide you on which practices to adopt.
Commercial Real Estate Litigation
Ssutton law plays a vital role in the landscape of commercial real estate litigation. We provide our expertise in resolving your commercial real estate conflicts. Our trained lawyers have experience in solving commercial real estate disputes and can guide you how to handle the situation. Trust us to solve all your legal worries.
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