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Is it better to go with a lawyer who specializes in a certain field? My issue is pertaining to business law.

West Hollywood, CA |

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?

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Attorney answers 7

Best Answer
Posted

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.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Asker

Posted

Thank you for the advice. It is in my best interest to go with a lawyer that specializes in business law.

Posted

You should look for an attorney that handles business disputes and is a commercial litigator. You do not want to be paying an attorney to learn the law.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

Asker

Posted

This was exactly the concern I had. According to my friend, this attorney has dealt with a few cases regarding business law. I don't know if that is sufficient to represent me. The other issue being that this lawyer passed the bar in December 2011.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

Unless you cannot afford another attorney DO NOT trust An important case to a new attorney. Those of us with experience dine on new lawyers for breakfast lunch and dinner. > >---------------------------------------- This email was sent by: >Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA >We respect your right to privacy - visit the following URL to view our >policy. ( >http://click.mail5.avvo.com/?qs=df3e2ea7fe4001e17403834b6cd1abe2a832d9e94613de36d9c7d80f336d120c3621b947b2446858 >) ---------------------------------------- -- Sent from Kaiten Mail. Please excuse my brevity.

Asker

Posted

Thank you for being straight forward. I have sent a few emails via avvo to business attorneys around my area. Saved me from a bullet.

Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

The attorney might well have done a good job, but although you can practice law the day you pass the bar, few are able to do so, and fewer are able to do so well. I've had this discussion with attorney friends over the years, and few felt in full command of their practice and abilities until they were out 5 to 10 years. Just a guide. Some are more advanced. Some are more delayed. Some never get it at all.

Posted

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.

Asker

Posted

Very good analogy.

Posted

This is a matter of preference. I believe that one shoud seek the services of a lawyer that is experienced with and concentrates in the feilds which concern the litigation. Best of luck.

Any response given is not to be taken as legal advice or to create an attorney client relationship.

Asker

Posted

After reading the responses I think my personal preference will be to seek the services of a lawyer that has experience in the field of business law.

Posted

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.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Asker

Posted

Thank you very much for the detailed response.

Posted

It can also be helpful to find a lawyer who is familiar with the type of business involved, if possible.

Posted

Your best bet will be to choose an experienced business litigation attorney.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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