·  Legal News, Analysis, & Commentary


When Should You Hire a Business Litigation Attorney?

— November 9, 2022

Only if there is no possibility of solving the issue through mediation or arbitration, will you have to file a lawsuit. 

Many private companies in the Nashville area do not have a legal department as they are not often involved in lawsuits. When they do have a legal problem, most business owners wonder what type of lawyer they should hire. The answer is easy, an experienced business litigation attorney is usually the person to turn to when you are faced with a lawsuit.

What sort of cases do business litigation lawyers handle?

Business litigation attorneys in Tennessee can handle cases concerning disputes that arise from contract negotiations or later interpretation of a business contract. They can also represent clients involved in a breach of contract or breach of fiduciary duty case.

If you are dealing with an employment law case, you can also get legal advice from a business law attorney. The same goes for business torts, fraud, fraudulent misinterpretation or misappropriation of trade secrets.


For instance, if you have a problem with a corporate officer dealing with the corporation or its assets for their own enrichment, this falls under breach of fiduciary duty and the only way to handle the situation is to hire a skilled Tennessee business lawyer. 

Or, if you have an insurance coverage issue, you can have your case reviewed by a Tennessee business lawyer specializing in insurance claims. This type of lawyer can be of help whether you’re dealing with a denied claim or if you are slapped with a fraudulent claim suit. 

Do I have to go to court if I hire a business lawyer?

This is a common misconception. Most people assume that when you hire a lawyer you will have to go to court and no one wants to waste their time and money on lengthy and complicated legal proceedings.

The truth is that, in most cases, business lawyers try to settle matters out of court, through mediation or arbitration.

How does mediation work?

If you’re interested in a quick resolution of your business issues, mediation is your best option.

Man and woman in a meeting; image by Charles, via
Image by Charles, via

The process of mediation involved the parties involved in a dispute sitting down with a third-party mediator, who is neutral in the matter. A mediator listens to the arguments both sides present and tries to facilitate a resolution that is acceptable to both parties. You cannot enter mediation without a competent business or insurance claims lawyer by your side, someone with good knowledge of the law who can advise you what your rights are and how to get to an agreement that is in your best interests. Once an agreement is reached, your attorney will see to it that it is legally binding and enforceable. 

What is arbitration?

This refers to problems concerning contracts that have arbitration provisions. By using arbitration, you essentially give up your right to litigate. You and the other party will appear before an arbitrator or a panel of three arbitrators. Your lawyer can help you prepare and present your case before the arbitrators, just as they would do in front of a judge. You need sound legal advice when resorting to arbitration as the decisions of the arbitration panel are legally binding. The main difference between arbitration and litigation is that the former is way faster so your company won’t be tangled up in a trial that takes forever.

Only if there is no possibility of solving the issue through mediation or arbitration, will you have to file a lawsuit. 

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