People ask me, what do you do? I say, I’m a lawyer. They ask, what type of law? I say, commercial and real estate litigation. [The conversation usually ends.] Folks either fear the conversation will only get more boring (fair), or they don’t understand what commercial and real estate litigation is. Assuming the latter, for my sake, let me explain.
Commercial litigation involves virtually every type of dispute that can arise in a business context, including breach of contract cases, fraud, partnership disputes, business torts, breach of fiduciary duty, and trade secret disputes. Both individuals and businesses can be involved, as plaintiffs or defendants. The most common type of commercial case in my experience involves a complex contract gone bad. People are often surprised to learn that it is not illegal to breach a contract (e.g., a party stops making payments). But the breaching party is liable for damages. Of course, whether the party breached and the amount of damages are often hotly contested issues.
Real estate litigation is like commercial litigation but it involves, well, real estate. Matters can involve commercial or residential properties, leases, landlord-tenant disputes, or receivers. I’ve handle numerous cases involving landlord-tenant disputes (focusing on commercial properties) and Seller’s Disclosure Statements. I’m also a licensed real estate broker.
So what should you do if you have a commercial or real estate dispute on the horizon? Consider hiring an attorney based on experience and assess whether a small firm is a good fit.
Thank you for listening to my elevator speech. I hope it didn’t bore you!
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