Home > Research Legal Advice > Litigation > Is it better to go with a lawyer who specializes in a certain field? My ...
Asked 3 months ago - West Hollywood, CA
Flag
My former business partner breached our contract and committed fraud. I am looking to bring a lawsuit against him. A friend of mine recommended a lawyer who specializes in employment / health care. Would it be in my interest to look for a lawyer who specializes in business law? I am fairly certain the issue will go into litigation. I do know that employment / health care lawyers have a rep for being very aggressive.
Can a breach of contract / fraud pertaining to business be argued by any lawyer?
Yes. However, there are other business torts which you might be able to assert against your former business partner.
While any lawyer is capable of filing a civil lawsuit for breach of contract and/or fraud, you really ought to hire a business litigation attorney with trial experience.
While aggressive attorneys might impress the client, I personally don't think being very aggressive is the most important attribute for the attorney who is going to get you the maximum recovery in a business litigation case. Detailed preparation, having an in-depth understanding of the applicable law, and a respectable reputation with the judge and opposing counsel are far more important for victory.
You should not consult with a lawyer who does not litigate business matters for a business related care. Think about it this way, if you had heart problems, you would see a cardiologist not a podiatrist. While both are doctors, they have different specialities. Same principle applies for lawyers. There is too much to know in any one field of law to be able to handle different types of law.
Once again I am stuck with the role of contrarian: almost every civil case involves large areas of law that are common to every case, particularly issues of evidence and civil procedure. A high degree of skill in these specific subject matters is an essential requirement in your advocate. Every case also turns on a very unique and specific set of facts and circumstances involving the parties and the claim. These facts and circumstances will have to be "learned" by your counsel, and the best indications of probable effectiveness in that specific requirement is someone who is intelligent, detail-oriented, meticulous, persistent, with impeccable reasoning and judgment. "Critical" analytic skills is a bonus, but not easily found.
Between those two"poles" is the law of the specific subject matter: employment, contracts, personal injury, etc. You need a litigator who is not walking through the relevant subject matter as a learner, someone who has worked with the concepts and knows the landscape: the major cases, the evolution of the law of the subject, the key issues, the difficult issues, the "grey areas," the court's usual concerns in the subject matter, etc.
Here is the hard part: there is no one -- NO ONE AT ALL -- who will have ALL of ALL of the necessary qualities and skills. That magical unicorn does not exist. But do your search with these broad qualities in mind, and don't forget that the most critical quality is the "fit" between the client and the advocate. Hold out for an attorney you can trust, one you can talk to effectively, one who "gets" you, and one who seems truly engaged and motivated by the equities of your case.
Good luck.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
