Top Qualities to Look For in a Business Litigation Attorney

If you are searching for a business litigation attorney in Arizona, chances are that your business enterprise is facing the prospect of a lawsuit. One recent report found that nearly 100 million lawsuits are filed annually in state courts throughout the United States, and about 400,000 more are filed in federal courts. 

Hiring the wrong attorney can be just as harmful to the outcome of your legal matter as hiring no attorney at all. But with over 1.3 million lawyers currently licensed and practicing in the United States, finding the right attorney to help you with your business needs can be challenging. 

Whether you are facing a lawsuit or simply seeking advice to protect your business’s best interests, knowing what to look for in a business litigation attorney is critical.

Five Qualities Your Business Litigation Attorney Should Have

As you search for the right attorney for your company’s needs, make sure to look for the following five qualities:

1. Admitted to Practice in the Correct Jurisdiction

One of the first qualities to look for is an attorney who can practice law in the jurisdiction you anticipate needing legal services. For example, if your business is in Arizona, having an attorney who is licensed in Arizona is essential. 

Similarly, if you anticipate litigation in the federal court system, make sure your attorney is licensed in the appropriate federal court or can gain licensure quickly.

Your business’s footprint may expand across several jurisdictions, but this does not mean you need a different attorney for each one. Your attorney may be licensed in several jurisdictions. Additionally, lawyers can often gain temporary permission to represent you in a jurisdiction they are not otherwise licensed in.

An attorney who knows how to represent your interests elsewhere when needed can be especially valuable.

2. Regularly Practices Business Law

Any attorney you are considering should devote much of their practice to business law. Your business lawsuit can involve complicated questions involving state and federal laws and regulations. This is an expansive body of authorities that one cannot learn over a weekend.

Staying abreast of these authorities and the legal and administrative decisions that interpret them takes time. Attorneys who are general practitioners or who focus on other law areas may not have the time or resources to provide the most competent and up-to-date advice and representation.

3. Recognizes the Need for Risk Management and Loss Prevention

You may be facing a pressing legal matter requiring immediate assistance from a business litigation attorney. It’s important to look for an attorney who can not only assist you with efficiency, but also knows the value of preventing future litigation and disputes.

The costs of litigation go beyond mere dollars and cents. A lawsuit against you can rob you of your time, energy, and focus. Thus, it is always in your best interests to avoid lawsuits when possible. Your business litigation attorney should be able to discuss both how to resolve your current issue and how your business can avoid future problems.

4. Knows When to Settle and When to Litigate

A skilled business litigation attorney will also know that some disputes should be settled instead of taken to court. Settlements can resolve your matter more quickly while also saving you money and other resources. An attorney who is overly litigious and wants to try everything in court can needlessly expose your business to unnecessary risk.

However, fair settlements cannot be reached in every case. In these cases, it is essential to have an attorney who is prepared and capable of representing your interests in the courtroom. An attorney who is afraid of taking a case to court can push you into a settlement that is not beneficial to you or your business.

5. Wants to Get to Know Your Business

Make sure the attorney you choose is one who displays interest in getting to know your business. Creating a long-term relationship with an attorney allows that lawyer to get to know you, your business, your needs, and your goals. 

This helps that lawyer to provide you with advice that addresses individual situations you encounter and helps move you toward your long-term goals.

An Arizona Business Litigation Attorney You Can Trust

At Ernst, Brown & Draper, we proudly provide Arizona business owners with modern solutions designed to safeguard your interests, whether you are facing an impending lawsuit or want to know how to protect your business from future legal troubles. Contact us to schedule your consultation with a top business litigation attorney today.

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Arizona litigation attorney

Joshua Ernst

Partner

Joshua Ernst is a named partner of Ernst, Brown & Draper, PLLC.  In private practice at a large Phoenix firm, Joshua represented clients in complex commercial litigation cases, including breach of contract, fraud, misappropriation of trade secrets, and insurance subrogation claims.  In addition, Joshua has also represented parties in wrongful termination, wage and hour disputes, and defensed employers against EEOC charging letters.  Joshua has practiced in Maricopa County Superior Court, Arizona District Court, the Arizona Court of Appeals and the Arizona Supreme Court, including drafting a successful Petition for Review to the Arizona Supreme Court, ultimately leading to a successful decision in his client’s favor. 

For the past five years, Joshua has served as in-house litigation counsel for Salt River Project Agricultural Improvement and Power District. While there, Joshua defended multiple personal injury, property damage, and wrongful death claims, as well as unique antitrust and other statutory issues. Joshua’s time in-house deepened his appreciation and ability to get to a workable solution that takes into account the relevant risks, benefits, and importantly, costs to achieve his client’s desired results.  While at SRP, Joshua regularly met with executive-level management to provide practical legal advice and provide recommendations on how various business groups might accomplish their goals. Joshua understands that running a business requires a certain level of risk, and he takes pride in partnering with business owners to minimize those risks where possible and defending his clients’ interests when necessary.

Joshua is heavily involved with his family and church, and enjoys spending time with his wife and five children.

Admissions and Education

Arizona – 2012

District of Arizona – 2013

Arizona State University Sandra Day O’Connor College of Law – 2012 Summa Cum Laude