While corporate and litigator lawyers both handle corporations, they do this in very different ways. One of the most basic divisions in the field of legal law is between civil and criminal, or transactional and executive, law. And as with most things in life, there is room for subcategories within those divisions. Some attorneys practice primarily civil law, some primarily criminal, and others do both.
One such division is the area of arbitration. This usually refers to matters such as disagreements over how employees and employers had worked together in the past, but it also can include any issues that touch upon the modern day corporation. Arbitration is usually dealt with by business lawyers who have a special ability to be sufficiently experienced to be able to resolve any arguments that may arise during the course of any case. The ability to negotiate properly and reach agreements on behalf of their clients is essential to business lawyers, because if large corporations tried to deal with any sort of business disputes like these, then the results would be extremely unfair to their clients.
Business attorneys also deal with all sorts of different ways in which corporations engage in operations. For example, some large corporations hire stock brokers, which many small businesses cannot afford. To prevent any potential conflict of interest for the broker, the corporation or LLC must always employ an attorney to negotiate any deal that the broker is involved in.
Many corporate lawyers also work with investment banks, which sometimes engage in activities that differ a great deal from traditional banking. Again, the function of these lawyers is to prevent conflicts of interest that could come about because of a perceived conflict of interest between the bank and the business in question. For example, some investment banks will loan money to businesses without ever having actually held any shares in them. Because these lawyers know so much about how the banking system works, they can negotiate deals for their clients in such a way as to benefit both parties.
It is sometimes necessary for businesses to engage the services of legal counsel in other ways. For instance, when businesses get involved in patent or trademark infringement lawsuits, it is not always clear exactly what the ramifications will be. Sometimes, the results can be quite catastrophic for the company involved. Hiring an attorney can help to save the company in such situations.
In addition, many corporations and LLCs choose to engage in arbitration, which is a completely separate process from that of court proceedings. Arbitration can be particularly helpful for resolving disputes, such as commercial disputes that arise out of contract. One of the primary goals of a business lawyer is to ensure that the company is well represented throughout any processes of dispute resolution. Thus, if an arbitration hearing is necessary, the attorney representing his client will be well-versed in all of the technical issues of procedure, law, evidence, and witnesses.
Finally, it is important to remember that most businesses simply do not have the time or knowledge to deal with the many intricacies of patent and trademark law. Thus, it often makes sense to hire a company to handle the tasks of filing for proper authorization, application, and examination. Some patent and trademark matters can be incredibly complicated, so having an attorney on hand can help to expedite the processes. Moreover, patent and trademark attorneys are trained to provide very specific advice about the breadth of their legal services.
Many individuals are surprised by the answer to the first question: that a corporate lawyer plays a vital role in the formation and growth of businesses. In truth, nothing could be further from the truth. As a general rule, it is absolutely essential for any company to engage a qualified and experienced attorney to guide it through the often complicated and legally complex terrain of business matters. Therefore, when considering the role of a corporate lawyer, it is absolutely essential that you carefully review all of your options.