A civil and commercial litigation attorney typically becomes involved when a dispute arises between parties, leading to a sharp shift from the relationship that existed prior to the dispute to the relationship that follows it.
For illustration purposes, when two parties wish to enter into an agreement, they usually consult an attorney who specializes in contracts. At this stage, the relationship between the parties may be described as a “cooperative” or even “amicable” one—they seek to reach mutual understandings through which each party gains the benefit for which the agreement was made (such as the purchase of real estate, the purchase of a vehicle, a partnership, a commercial transaction, the provision of services, a lease, and more).
When those same contracting parties become embroiled in a dispute, the cooperative relationship that existed at the time the contract was formed often ceases to exist and may deteriorate into strained or even hostile relations. At this point, a civil and commercial litigation attorney is called upon to represent one side of the dispute, with the aim of resolving the conflict, protecting the client’s rights, and demonstrating the merits of the client’s position.
The above applies not only to contractual matters. It is equally relevant to other civil and commercial disputes that may arise between parties, such as inheritance disputes, neighbor disputes, construction disputes, and additional conflicts. In many of these cases, the parties previously conducted themselves in harmony or mutual understanding, only for the relationship to fundamentally change once a dispute emerges.