When a business dispute cannot be resolved through negotiation, commercial litigation may be the only path to protecting your interests. Robert J. Poulson spent most of his career practicing on Wall Street as a commercial litigator specializing in the financial services sector, representing some of the largest financial institutions in the world.
When to Litigate: The Decision to Sue
Do You Have a Strong Case?
The strength of your case depends on facts and law. Can you prove the elements of your claims with admissible evidence? An honest assessment by experienced litigation counsel is essential.
Can You Collect If You Win?
A judgment is only worth something if you can collect. If the defendant is insolvent or judgment-proof, even a winning case may not result in recovery. Pre-litigation asset tracing can identify attachable assets.
What Are the Costs?
Commercial litigation is expensive — attorney's fees, filing fees, deposition costs, expert witness fees. A complex case can cost hundreds of thousands of dollars or more.
What Are the Risks?
If you sue, you may face counterclaims. And there is always the risk of losing — no matter how strong your case appears.
Have You Exhausted Alternatives?
Before filing suit, attempt negotiation or mediation. A well-crafted demand letter from legal counsel can often achieve favorable resolution without litigation.
The Commercial Litigation Process
Phase 1: Pre-Suit Investigation and Strategy
Thorough investigation to assess merits, develop strategy, review documents, interview witnesses, and investigate the defendant's assets.
Phase 2: Filing and Initial Pleadings
The complaint sets forth factual allegations and legal claims. The defendant responds with an answer and may file counterclaims or motions to dismiss.
Phase 3: Discovery
The longest and most expensive phase. Discovery tools include document requests, interrogatories, depositions, requests for admission, and expert discovery. Why do 90% of cases settle during or after discovery? Because discovery reveals the true strength of each party's case.
Phase 4: Motion Practice
Motions for summary judgment can resolve some or all claims without trial.
Phase 5: Trial
Bench or jury trial where each party presents evidence through witness testimony and documents.
Phase 6: Post-Trial and Appeal
Post-trial motions and appeals focusing on legal errors.
Phase 7: Enforcement
Winning a judgment is not the same as collecting. Enforcement through garnishment, levies, and liens.
Alternative Dispute Resolution
Mediation involves a neutral third party facilitating negotiation. Non-binding. Arbitration is a private, binding process. Typically faster and less formal than court litigation.
Strategies for Success
- Prepare early and thoroughly
- Understand the business context
- Be prepared to settle from a position of strength
- Use experts effectively
The Poulson Law Advantage
Our commercial litigation practice is informed by Robert J. Poulson's decades of Wall Street experience. We represent both domestic and international corporations ranging from small, closely-held businesses to publicly-traded companies.
Frequently Asked Questions
How much does commercial litigation cost? Simple contract disputes may cost tens of thousands; complex litigation can cost hundreds of thousands or more.
How long does litigation take? From filing to trial, typically 12-24 months. Appeals can add another year or more.
Can we recover our attorney's fees? In most cases, each party bears its own fees. Some contracts and statutes authorize fee recovery.
Protect Your Business Interests
If your business is facing a dispute that may require litigation, the sooner you engage experienced counsel, the better. Contact Poulson Law at 607-547-1195.
