How to Prepare for Commercial Litigation in Florida?

Running a business comes with its share of challenges. The business often becomes the business owner’s main focus and passion in life. When legal disputes arise, it can feel like the business owner’s entire livelihood and personal life are being threatened. It’s vital to learn how to prepare for commercial litigation in Florida for any business owner in the state.

Experienced Commercial Litigation Attorneys in Orlando

Here at LMK Legal, we represent individuals, business owners, and corporate entities in a wide range of legal disputes. Our extensive experience in commercial litigation makes us a clear choice for many Florida business owners.

Our founder, Laurence M. Krutchik, has over a decade of experience in the legal field. His previous legal experience includes working for three nationally recognized insurance defense law firms in Miami. This experience provides him with insight into how outside entities operate during litigation.

How to Prepare for Commercial Litigation

It’s vital to contact an attorney before any part of the legal process begins. Being thoroughly prepared is key, especially when managing extensive business operations. You’ll be able to discuss with your lawyer what your desires are, and they’ll explain what to expect for the outcome of your case.

Florida has a significant number of people working in management operations. As of 2023, 1,119,052 people were employed in this sector. Many of these businesses have faced litigation or will in the future, and it’s vital to have an attorney on your side to help guide you through this process.

Commercial litigation happens when an outside party and a business have a legal dispute. These disputes can involve multiple parties and span across multiple states or countries. These types of conflicts can include:

• Breach of contract
• Non-compete or trade secret violations
• Franchise disputes
• Real estate and lease disputes
• Debt collection or payment disputes
• Class action cases
• Insurance coverage disputes
• Supply chain disruptions

Some of these matters, like business contract disputes or partnership disagreements, can often be resolved without going to trial.

Not all business disputes require a court trial. In fact, most cases don’t. The Financial Industry Regulatory Authority reported that in 2024, 83% of cases were resolved through mediation or settlement before proceeding to trial. Commercial dispute cases can take years to resolve, making mediation a desirable option for most parties involved.

Mediation involves a neutral third party, called a mediator. This party helps each side discuss the dispute to reach a mutually favorable outcome. The mediator’s role is to lead the conversation in a respectful and productive manner. Alongside each party’s legal team, they’ll work out any misunderstandings and encourage each side to find a solution without needing a trial.

Mediation also offers a private solution to business legal proceedings, whereas court trials are usually public and can affect your business’s reputation. Each party will have a say in what they want the outcome to be.

If both sides can reach an agreement and have it documented and signed, it becomes a legally binding contract. If the parties involved can’t agree, then court proceedings will be necessary.

Be Careful What You Say

Once it becomes clear that a dispute may turn into full-blown litigation, you need to be very careful about what you say and write. Emails, text messages, and conversations can all be used as evidence.

Saying the wrong thing could weaken your case. If possible, avoid talking directly to the other side and instead communicate through a legal representative. This helps prevent misunderstandings and keeps your position protected.

Why Choose Us

With Florida having the highest litigation rate in the United States as of 2023, understanding what to expect during your case is crucial. Florida had more than 59,400 cases filed between 2022 and 2023, more than double the number filed in New York.

As a longtime Florida resident, Mr. Krutchik is passionate about protecting the legal rights of Floridians and his community. He holds an AV Preeminent peer rating for ethical standards and legal ability and has been selected as a Rising Star by Super Lawyers Magazine for four consecutive years, a distinction limited to no more than 2.5% of all Florida attorneys.

FAQs

Why Do I Need a Lawyer During Commercial Litigation in Florida?

Getting legal help early is one of the smartest steps you can take in a commercial dispute. Legal disputes are often time-consuming, complex, and involve parties working against your interests. A skilled attorney can manage filings, deadlines, and negotiations, allowing you to focus on your business. They’ll also set realistic expectations and prepare you for possible outcomes. With an experienced commercial litigation lawyer on your side, you’re more likely to resolve the matter efficiently.

What Evidence Should I Gather Before Litigation Begins?

Start by gathering any signed contracts, invoices, and receipts related to the issue. Save delivery records and any relevant communication, including email chains, text messages, written letters, voicemails, and call logs. Photos, videos, and recordings can also be important.

Don’t overlook documents like product manuals, warranty information, financial statements, bank records, internal memos, and meeting minutes. Keep all evidence well-organized. Never delete or alter anything.

What Is a Win-Win Negotiation During Commercial Litigation?

Instead of arguing over who gets what, win-win negotiations focus on creating value so that everyone benefits. It’s not about winning at someone else’s expense; it’s about finding solutions that satisfy everyone involved. This can be extremely beneficial during commercial legal disputes where a business wants to maintain a healthy relationship with the other party. It’s important to convey this desire to your attorney when explaining your situation.

What Is Discovery?

Once a claim is filed, the legal process moves into discovery, where both sides exchange information to support their case. This phase often involves written questions, requests for documents, admissions, and sworn interviews. Discovery allows each party to gather facts, even if some of the material won’t be used in court.

In commercial litigation, discovery is often complex and document-intensive, involving contracts, emails, financial records, and other relevant documents.

Choose a Trusted Commercial Litigation Law Firm

Clients choose LMK Legal because of our strong reputation for strategic litigation planning. Contact our office today to learn how we may assist with your case.