What Are My Options As a Commercial Lawyer?

Commercial law functions across a broad spectrum of business and commercial transactions including finance, accounting, management and trade. Often referred to as business law, it is one of the most widely practiced legal areas. Regularly overlapping with other areas of law and engaging many different types of clients, commercial law can offer lawyers a diverse and varied portfolio of work.

Not all roles, however, are the same. When it comes to legal recruitment in corporate law, consider all the options available to you.

In-house role. Because the focus of it is business, it is an area of legal practice that presents many opportunities for in-house positions. Many businesses employ in-house legal teams or lawyers to deal with their legal issues. In-house legal roles in this area are good positions for lawyers interested in the business world.

Law firms. Most large law firms offer expertise in commercial contract law, and most will working for these larger firms will be involved in some aspect of contract law. If you’d like to be involved in the nitty gritty of business law and interacting with those involved, smaller or boutique commercial law firms will offer more frontline opportunities. When it comes to commercial law, the age-old dictum proves true for many – bigger is not necessarily better!

International work. In today’s global world, business often crosses national boundaries. Many commercial lawyers, therefore, will be involved in international business, trade or finance dealings. Commercial law therefore offers the opportunity for lawyers to travel for work. Those looking to relocate overseas, however, will find it harder to find positions where local industry knowledge is often coveted and essential to business dealings.

If you’re interested in commercial law jobs, there are a number of different career prospects and opportunities available to you. Deciding which area and arena of commercial law you would like to work in will help you narrow down your job prospects and choose a role that suits your career objectives.

Let’s Kill All the Lawyers? Private Investigators and Lawyers Working Together

In Shakespeare’s ”Henry VI,” Part II, Act IV one of the characters famously states: ”Let’s kill all the lawyers.” This sentence is often misinterpreted. I have seen it quoted as an indication that lawyers are for example not to be trusted or only after money, or unethical or corrupt.

Shakespeare’s exact line ”The first thing we do, let’s kill all the lawyers,” was actually said by Dick the Butcher. Dick the Butcher was a follower of the rebel Jack Cade, who thought that if he disturbed law and order, he could become king.

Seen this way Shakespeare was actually illustrating a positive view of lawyers – they instill justice in society.

In our line of work lawyers and private investigators often collaborate. Despite being proficient and trained in our respective professions, we cannot function entirely on our own. We require the assistance of others. This might include professionals within our field of specialization or individuals from other professions. Lawyers and private investigators share such a mutually beneficial relationship.

Although a lawyer has several skills, resources and techniques at his disposal, working with a resourceful private investigator can make the difference to how and how soon he or she is able to crack a case.

Listed below are a few reasons why a private investigator can be a lawyer’s best friend.

1. Interviewing witnesses –

Provided with police reports and other necessary documents, a private investigator does his best to locate all possible witnesses and thereafter interviews each one of them. A witness is not legally bound to talk to you or provide answers to your questions. Most of them detest lawyers and try to stay away from them. A Private investigator, with his persuasive manner, gets around witnesses and secures the desired information.

2. Locating witnesses –

Often prosecutors and the police tend to overlook potential witnesses because the process is tedious and time consuming. A private investigator scours the place or case for additional witnesses and thereby unearths facts previously unknown to the lawyer, prosecutor or police. A private investigator does not only help locate witnesses but also relatives and friends involved in a case for an example an heir.

3. Conducting a thread-bare analysis of recorded statements –

After recording statements by witnesses, PIs sit down to compare and contrast these statements recorded by witnesses. They analyze the recorded statements in order to judge the integrity of the witness in question. A detailed scrutiny of the recorded statements helps them catch flaws and areas for exploitation.

4. Tracing assets –

Private investigators can help in tracing lost, hidden or robbed assets on behalf of an attorney associate for his customers. Assets include locating real estate property, vehicles, antiques, collectibles, jewelry, artwork and important documents. PIs also help in locating illegal off shore and domestic bank accounts. They also monitor trademark and intellectual property goods for counterfeiting and improper diversion.

5. Reviewing crime scenes –

The facts are the meat of any case; it can make or break it. Often, lawyers observe that there are discrepancies in the reports at different levels. These differences make it difficult to proceed with the case. Instead of depending on the reports created by the officer-in-charge, a lawyer can hire a private investigator to go review the crime scene. Many PIs are trained in police procedures and can attend crime scenes to make sketches, take pictures and notes, videotaping and the likes. These details might seem minor, but they are crucial because they reveal inconsistencies.

6. Recovering electronic evidence –

In our age of computers and technology, looking up diary entries and letters to clues does not suffice. Private and confidential information is stored in password -protected files on computers. A Private investigator is trained in the skill of securing electronic documents including email correspondence as well as deleted files and messages.

Above all, by outsourcing tedious and time-consuming tasks to a qualified professional investigator, you have more time to strengthen your case from the legal angle. Investigating, interviewing and documenting might take up hours for you, but for them it’s easy. So, capitalize on their expertise and come out looking good.

Is a Lawyer a Debt Collector, and Should You Sue the Lawyer If You Can When Sued For Debt?

As many people know, original creditors are treated differently than debt collectors. The Fair Debt Collection Practices Act (FDCPA) applies, by and large, just to debt collectors and gives original creditors a relatively free ride. So where do lawyers fit in? And should you sue them if you can?

Lawyers Can Be Debt Collectors

Lawyers are not protected under the FDCPA. They can be, and as a practical matter the one suing you probably is, a debt collector. However, if the lawyer is representing an original creditor and acting in its name, he will be treated as an original creditor. If you are being sued by a debt collector, chances are good that the lawyer is also a debt collector, you can pretty much count on it. He can be sued for things he does wrong.

Before you go suing the lawyer, though, there are two things you should know: one has to do with your legal rights, and the other is more of a practical consideration.

Respondeat Superior

There is a concept in the law that makes people responsible for the things people who are acting as their agents do. This is known as “respondeat superior.” With a few exceptions, an employer is liable for the actions of an employee. That means a client is responsible for the actions of his or her lawyer. In general, this means that a debt collector is responsible for anything that its attorney does. Or to put it differently, you don’t need to sue the lawyer to attack the debt collector.

Should you do it anyway, though?

Tactical Considerations

Whether or not it makes sense to sue the lawyer is not an easy decision. I know you take the lawsuit personally-it represents a large threat to your personal and financial well-being. Naturally you want to strike back, personally, at the human person you see on the other side. The question is, though, is this the decision most likely to give you the most benefit? Is it most likely to cause them to drop the case and leave you alone?

I don’t know. Most of the time, the lawyers suing you regard your case from a purely business perspective attempting to maximize their profit and minimize the cost of suing you. And much of my approach to debt litigation has been to suggest that people exploit this business perspective by making your case unprofitable. That is relatively easy to do, although of course this isn’t always enough. If you sue the lawyer, you change her motivation. Then, instead of it being a merely business decision, you increase the personal stakes for the lawyer. It makes things unpleasant for the lawyer, no doubt, but it also motivates them to work much harder in many cases. You have multiplied your enemies.

A Final Legal Consideration

If you are suing the lawyer, your claim is not exactly a “counterclaim.” Instead, what you would probably do is counterclaim under the FDCPA against the debt collector and bring a third-party suit (within the same lawsuit) against the lawyer. The pleading is just called a third-party suit and names the lawyer as third-party defendant and states your claim in the same way the counterclaim did. Then the lawyer has to be served a summons. None of this is specially difficult, but it is time-consuming. Given the questionable benefit of suing the lawyer, I rarely thought it was worth spending the extra time. You’ll have to decide what makes sense to do in your case.

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