Importance of Using a Commercial Trial Attorney in Ventura California as an Arbitrator
One of the huge advantages of arbitration is the importance of being able to select the decision maker. This option is not available in litigation in which the judge is simply appointed to the case and a jury is randomly selected. Also it is not available through mediation. Although the parties can select the mediator, he or she is not a decision maker. Many commercial disputes are benefited from using an arbitrator who has served as a commercial trial attorney in Ventura California. Whether he or she is experienced as a plaintiff’s or a defense commercial trial attorney in Ventura California, using such a person can add tremendous value to arbitration.
Commercial trial attorneys are more familiar with the types of issues and evidence involved in commercial disputes than other types of arbitrators. Through their own experience, these individuals have learned the complex procedures and case law that supports various positions. They can quickly discern the underlying issues involved in a dispute and save time by not having to go into exhaustive explanations regarding customary business practices.
Juries are often bored with such minutiae, and attorneys risk alienating them by having expert witnesses drone on about various issues involved in the case. Judges may pay attention to such testimony but still not fully comprehend it. However, commercial trial attorneys are more receptive to such information and recognize the strengths and limitations of such expert testimony. They can carefully weigh this evidence against other evidence in the record in order to come up with a fair and equitable solution.
Additionally, commercial trial attorneys tend to be more neutral than jurors. Jurors commonly dislike big businesses, even if the weight of the evidence is soundly on their side. In arbitration, the parties are more likely to receive a fair shake, regardless of their identity.
As a commercial trial attorney in Ventura California, you know that litigation is not inexpensive. However, you may not be taking into consideration the additional emotional costs that this experience has on your clients. Before recommending litigation, a commercial trial attorney in Ventura California should ensure that he or she fully explains the downsides of litigation to his or her client.
Most parties are not able to walk out of court and retain their once healthy relationship with each other. Litigation has a disturbing way of severing ties between parties that may have been able to be reformed. In the commercial context, a lost business connection may wind up costing more to the prevailing party than the actual court award through the loss of business opportunities with the adverse party or the need to hire someone else to perform the project. Even if the party you represent is successful, he or she may always associate you as someone who was involved in a dark period during his or her life.
In most situations when a case is brought in court, it becomes a matter of public record. In the commercial context, being embroiled in a heated legal dispute often gives a negative impression of the business. Even if your client prevails, there will always be members of the public that think he or she should not have. The damage to the business reputation can be enormous.
Litigation is usually not fast-paced. Instead, cases can easily drag out for more than a year and even longer if there is a successful appeal. During this time, the parties are often in an uncomfortable limbo and may be unable to finish a project or take advantage of business opportunities.
Alternative dispute resolution can eliminate many of these problems. Arbitration and mediation can often provide finality to a case in less time than it takes to go through litigation. Likewise, these proceedings are confidential and may not cause a relationship to be forfeited in the process.
Commercial trial attorneys typically represent both businesses and consumers who find themselves victims of wrongful, harmful business activities in Beverly Hills, CA. An experienced commercial trial attorney in Beverly Hills is able to skillfully handle litigation involving contracts, intellectual property, employment, and securities among other areas.
When searching for a lawyer to assist you in your trial, there are a few helpful tips to keep in mind when making your selection. They include:
- Firm size
Depending on the complexity of your case, there are plenty of advantages to hiring an attorney from a small-to-mid sized firm. Among these are the facts that you are likely to receive personalized, regular attention from your lawyer. In addition, your attorney would likely have more time to dedicate to your case if they are not juggling a large case load, as is often the case with larger firms.
- Align experience with your needs
Commercial law is a vast subject with many specialties. As you begin your selection process, pay particular attention in selecting an attorney with plenty of experience in your particular subject area—be it real estate, construction or even intellectual property. Many lawyers can handle any case reasonably well, but you are looking for expertise and fluency in your case.
- Use your network
Nothing beats word-of-mouth recommendations when it comes to finding an attorney to help you with your case. Internet searches often cast a net too far and too wide and can yield hazy results with names you’ll have a hard time vetting anonymously. Ask around. Seek recommendations from friends, family and colleagues and use those as a starting point in your search. More often than not, you’ll know someone with a great match for your case.
No matter the specifics of your case, take the time to select an experienced commercial litigation attorney in Beverly Hills, CA to ensure you get the best results you can.
California Commercial trial attorneys are trained to identify the potential outcomes of cases before they follow through with a plan of action to save time and money for their client. Mediation is one method that can be made to avoid the uncertainties of having a judge or jury decide the dispute. The uncertainties are avoided and the range of options expanded if the parties themselves can reach a resolution with having a judge or jury decide the matter. The uncertainty of a judge or jury deciding a case is compounded by two factors:
While depositions can minimize some uncertainty, it is almost impossible to predict everything a witness will say or how a witness will be perceived by a jury. A witness may lose credibility with the jury or may testify in a manner that is unexpected and unfavorable.
The evidence presented by witnesses and by documents is critical to the case. Once again, it is the jury that must evaluate the evidence and decide which side should win. Rarely is evidence so clear that it points to a result with certainty. So the jury or judge will have to weigh that evidence in reaching a decision.
Whether it’s the evidence or the witnesses, by going to trial the parties give up control to third parties who will decide the case without knowing everything that is important to the parties. This uncertainty is avoided when parties agree to resolve the matter though mediation.
The speed with which the world has changed with the advent of the internet is truly astounding. Before the early 1990s, no one knew what a “domain name” was, let alone assigned any value to a domain name. Now, domain names are the portal that explains the business, advertised its products and give customers an easy way to investigate and purchase products. The domain name of the business is an important communication medium in today’s world and is an essential part of your business – something that most businesses will go to court to protect when challenged or involved in a dispute.
However, in any domain name dispute, including claims of unfair competition stemming from similar domain names clearly design to draft on your businesses likeness, logo, and other marketing assets, it makes sense to advise your client to hold off on litigation and consider mediation. Bringing on an experienced commercial trial attorney in California who is trained and experienced in mediation can help businesses avoid the more expensive and slow-moving litigation process.
Domain name disputes are often unintentional and inadvertent. There was once a time when the Internet was home to a handful of companies, and registering a unique domain name for your company was relatively easy. However, the sheer number of businesses that have domain names and the absence of any substantive examination by ISPs results in claims of trademark infringement and unfair competition when the selection of the name was innocent or at least inadvertent.
This inadvertent aspect suggests that resolution through mediation may be a more effective and efficient path to resolution of domain name and related trademark and copyright issues. The starting point must be a willingness to assume, absent clear objective facts to the contrary, that the opposing party acted innocently so as to avoid any implication of any purposeful deceit or fraud. There will ample opportunity to raise bad motives or intentional conduct. However, partnering with a qualified California commercial trial attorney to pursue mediation instead of litigation often will result in a resolution without incurring the expense of initiating legal action.