Tim Creighton, Director, Charities Law
If your business is facing a commercial dispute, you will have to weigh up the risk associated with the dispute you are facing and make a decision about whether you want legal representation.
There are some very valid reasons why you should consider using a commercial solicitor for your commercial dispute rather than trying to deal with it alone.
Firstly, a solicitor can offer you the right advice on the legal aspects of the case. If you are likely to lose, they will give you the advice you need to actually settle the claim rather than continue on and face large legal costs not only from your solicitor but also the other side’s costs if you lose the claim.
If you have a strong case in your favour, your solicitor will advise you if going to court is the right decision to make and can then manage the whole process for you.
Commercial disputes are complex and as a result you may not understand some of the nuances of the case. If you take on the dispute yourself you will have to spend time dealing with correspondence, researching legal points and filing paperwork and forms with the court and service of papers if you decide to litigate. All of these things will need to be actioned within a deadline or your claim could be struck out automatically, meaning you lose your claim.
By not using a solicitor, you may find yourself spending a great deal of your time managing the dispute.
A solicitor can quantify the costs and damages associated with your dispute and will therefore have a better idea of the settlement figure you should seek. They will factor in all of the additional extras that are allowed but that you may not have considered. This could result in an enhanced settlement above the one you would have negotiated had you proceeded alone.
Whilst a instructing a solicitor for your commercial dispute will carry a cost, you may find that you end up paying out more by either losing the case against you or making a mistake during settlement.
Using a solicitor in a commercial dispute is a necessity to protect you and your business. It is a sound investment in the long run.
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