The term commercial litigator was not in use during the founding years of the United States and did not appear in the 1791 Treatise of 1791. But during the Civil War, as a result of the Southern Jurors’ pro-Confederate views, a few southern lawyers started calling themselves commercial litigators. These were the same lawyers who would later draft the Constitution and the Bill of Rights. During the 1870s these attorneys became prominent opponents of the Thirteenth Amendment.
In today’s context the question “what do commercial litigators do?” can be answered by answering the following. A commercial litigator, like a civil lawyer, represents parties whose rights have been violated, but unlike a civil lawyer, they do not file lawsuits. Instead, they seek damages from those responsible for the violation, whether through their actions or their inaction. A commercial litigator’s role is therefore somewhat different from that of a civil lawyer. Contact DSK Law Group for more information.
Commercial litigators obtain settlements for both parties. Sometimes they are responsible for determining which party bears the responsibility for the damages. Some states refer to these litigators as “revenue lawyers” because they decide what amount should be paid to whom. They also decide how much of a tax liability the offender must pay. They serve as an intermediary between the tax authorities and the offender or his or her lawyer or attorney.
Some litigators specialize in particular areas of the law such as commercial Litigation, landlord Litigation, insurance Litigation, and Real Estate Litigation. They generally start out by assisting a litigant in preparing the case, conducting discovery, handling depositions and serving as an advocate on his or her behalf. They are entitled to file legal briefs and argument at trial. In some jurisdictions, litigants may have to pay their attorneys fees if they lose.
There are no special degrees or licenses required for commercial litigators. However, most states do require that the litigator has experience in the particular area of the law in which he or she is practicing. Most states require at least two years of professional experience working in the field. Many colleges and universities offer a course in litigation in order to equip students with the knowledge and skills necessary to practice in this area.
One important characteristic of commercial litigators is that many choose to focus on either insurance or landlord issues. This decision is based on their experience and education. The best way to determine what to do commercial litigators do is to review their legal opinions. Look for examples of cases in which they have been involved in order to determine their success rate. A good example of this is the Stokes v. Seiler insurance case.