Commercial law has been conceived as a special law applicable to certain activities and persons. Its content is formed by the patrimonial legal relationships of commercial nature (acts and deeds of trade); also, in the subsidiary, it is formed by those non-patrimonial relations that interest the commercial activity, in which the traders as subjects of private law, are found in relation to each other on positions of legal equality.
The goal of a commercial and business lawyer is to help his clients in a number of ways: by creating legal options and by providing guidance in decision-making in a commercial context. Corporate lawyers help corporate, industrial and commercial clients to manage their internal processes, by providing legal advice on contracts that relate to corporate organization, buying and selling companies, preparing and developing commercial contracts, managing and helping to resolve commercial conflicts and technological license deals.
A lawyer in commercial law will provide the necessary support in drafting documents for the company, in making the best decisions but also in assessing the risks of your business:
• establishment of companies, family businesses;
• modifications of constitutive acts;
• legal advice;
• commercial contracts – negotiations, drafts, additions, modifications, termination, insertion clauses in any kind of commercial contracts;
• commercial litigation – assistance or representation in the pre-trial negotiation phase and before the courts;
• receivables recovery;
• intellectual property – exploitation and protection, trademark registration;
What do commercial lawyers actually do?
The customers of commercial lawyers are usually corporations or big firms. So an ordinary day would involve, for example, reading and revising contracts, drafting legal documents for businesses, and reviewing mergers in business. It may also require a high level of negotiation skills on behalf of the client for the terms of a contract or a license agreement. Therefore, the work depends on the field in which you, as a commercial lawyer, have specialized. However, there are several commercial lawyers who are known as company lawyers; this means that they essentially have only one client and typically look for the legal issues of the organization they work for.
Commercial and business lawyers are largely confronted with business cases of litigation in the typical form of contractual claims. The role of commercial lawyers is to ask applicants to help their clients through litigation and to help them prepare for what might come from the opposition.
What makes an excellent commercial lawyer?
A good commercial lawyer needs to have a strong communication and negotiation skills, an excellent academic background, the ability to think ‘out-of-the-box’, exceptional analytical skills and meticulous attention to detail. To thrive in corporate and commercial law, you will need to develop exemplary knowledge of business and commercial law, current trends and legislative and regulatory developments.
Furthermore, you will need to build up a familiarity with commercial and business law in other countries where your clients have operations or are looking to invest.
A lawyer in commercial and corporate law comes up with efficient solutions
In addition to representing in court and proposing the best solutions tailored to each case, a lawyer specializing in commercial law has the role of being permanently involved in understanding the legal issues concerning the economic activity carried out by his clients. Therefore, the client has to obtain the best solutions for its case and to enjoy the results offered as quickly as possible.
Also, good commercial lawyers are great at managing projects, have a vast understanding of corporate law, they are able to understand the details and the bigger picture, exercise great judgment, communicate effectively with the client to ensure everyone is on the same page, understand the goals of the client, and are responsive.