Business and commercial disputes include various types and levels of conflict in the civil-economic life. These disputes tend to increase in both number and type of dispute, especially in areas with rapid economic development. In this context, the role of lawyers becomes extremely important, not only to resolve disputes effectively but also to ensure the legitimate rights and interests of individuals and organizations. In this article, TNTP will help readers better understand the role of Lawyers in resolving business and commercial disputes.
1. Propose appropriate dispute resolution plans
• Lawyers play an important role not only in resolving disputes effectively but also in guiding clients to choose the appropriate dispute resolution method. When a dispute arises, there are many dispute resolution methods such as negotiation, mediation, arbitration, and litigation. Each method has its advantages and limitations, and each dispute requires a different resolution method depending on the nature of the dispute and the goals of the client.
• The Lawyer is a person who directly supports clients, understands information, and case files, as well as the goals of clients. With accumulated knowledge, skills as well as experience, lawyers can propose the most optimal solution to the case. With the assistance of a lawyer, choosing the right method is the key to resolving disputes.
• In addition, Lawyers can skillfully integrate various methods to aim for efficient dispute resolution and achieve optimal outcomes.
2. Applying the appropriate legal provisions
• In the field of business and commercial, disputes often arise from legal issues that lead to the change or termination of legal rights and obligations between the parties. Choosing appropriate legal provisions to settle disputes is extremely important.
• The law in business and commercial are constantly changing and updating, requiring a constant grasp and update on the part of lawyers and legal experts. The application of law to business and commercial dispute settlement is complicated and requires a highly specialized person. Moreover, the overlap and inconsistencies in legal provisions can take the complexity of the dispute to another level. Therefore, the use of the services of Lawyers is essential. With knowledge of laws and local practices, lawyers can provide accurate and appropriate legal provisions as grounds for dispute resolution.
3. Ensure the rights, limit the risk of the Client
• Collecting evidence and documents for settling business and commercial disputes is always difficult, requiring a methodical and strategic approach. Lawyers have a good understanding of the legal system and experience in carrying out legal procedures, so they will support the process of collecting evidence and giving logical and reasonable arguments to the case, hence providing grounds to protect the legitimate rights and interests of clients. The assistance of the Lawyer will make this process smoother and more accurate.
• Lawyers, act as independent persons in the proceedings will ensure that the interests of clients are fully exercised, and not infringed in the entire dispute resolution process during and outside the proceedings, as well as fighting when there are negatives, providing appropriate solutions when there are inappropriate decisions that affect the legitimate rights and interests of clients.
• Simultaneously, lawyers with their knowledge and good understanding of the information about the case can help clients minimize the risks and damages they may suffer in the dispute. With the help of the lawyer, the dispute will be settled disputes reasonably, and especially based on compliance, not contrary to the provisions of law.
Lawyers, by helping clients understand their legal rights and interests, as well as anticipating potential risks, will be a key factor in achieving effective dispute resolution.
4. Supporting swift and effective dispute resolution.
• Lawyers with knowledge of legal regulations and legal proceedings can advise and support clients to resolve disputes professionally, accurately, effectively, and fairly. For example, the early and complete submission of documents, and correctly defined legal issues, will help avoid wasting time dealing with small, unnecessary issues that may distract and possibly affect the outcome of the resolution process.
• The enforcement of judgments in business and commercial takes a lot of time and effort. If the purpose of the enforcement is not achieved, the entire proceedings and the judgment itself may partly be considered meaningless to the person to whom the judgment is enforced. Many cases go through time-consuming proceedings but cannot enforce judgments, decisions, or awards. Therefore, in the enforcement phase, the role of legal managers, namely lawyers of litigants, should be especially emphasized.
The development of a strategy for the enforcement process is very important and shapes the outcome of the stage. The role of the lawyer is addressed in developing an enforcement plan suitable to the actual situation of the case, planning the actions to be taken by the party who must enforce the judgment, and contemplating the actual situations that may arise and how to deal with each situation.
The process of developing a strategy for enforcement not only begins when the judgment takes effect but should be carried out from the pre-litigation stage, right from the moment the lawyer receives the case from the client. In many cases, at the end of the proceedings, the party who must enforce the judgment has transferred assets or withdrawn all important legally responsible personnel from the business registration certificate. In this situation, the enforcement process can face many challenges, even losing the meaning of the enforcement process.
Above is TNTP’s article on the topic ” The role of Lawyers in resolving business and commercial disputes”. Hopefully, the above article will bring value to readers in the dispute resolution process.
Best regards.
