Commercial Litigation

Defending Commercial Litigation Claims Starts with Knowing the Rules & Procedure!

Twenty-seven years in the legal field teaches you a thing or two about people, claims, strategy and tactics.  When it comes to commercial litigation, the more high-brow the players, the circumstances, and/or implications, the greater the sense of magnitude and importance in the representation and outcome.  This can lead to all sorts of visions of grandeur as to the great legal arguments to be made, or causes of action to be pled or overcome.  In many instances, all of this occurs to the detriment of the fundamental, underlying goal of the client – denial of that alleged “verbal” agreement, defeat of the frivolous employment claim, or overcoming of the scandalous but unfounded discrimination charges.  The commercial litigation process – what should always be the last option for any party – is the battleground for resolving the dispute.  When it comes to handling litigation cases, a certain set of basic “blocking and tackling” must occur in each case to assure certain fundamentals are not missed.  In particular, when you’re defense counsel, “procedure” is king to the defense of many a case.  “Defense Work” is handled by counsel with a uniquely, different perspective and approach than when you act as plaintiff’s counsel.

Yes, every commercial litigation case is different.  Yet, defense counsel too often defends a case by running to answer the claim as a way of “shortening” the case (or the perceived expenses of handling the case) without first “testing” the legal sufficiency of what is being claimed.  In general terms, as defense counsel, we’re not generally looking to prove anything, just make it difficult for plaintiff to do so.  In a nutshell, we’re look to poke holes in the plaintiff’s case.

In the commercial litigation process, you have to start with the notion that not all is as it appears.  This may mean the initial “response” to a lawsuit is not an “answer” but a motion to strike, or for clarification, or in some cases, where more obvious, to dismiss.  Short circuiting the case early on by way of using the rules of civil procedure can help force plaintiff’s counsel to narrow their charges versus pursing their claim with a gunshot approach.  Remember, if you’re the defendant, it’s the plaintiff that has the burden of “proving their case”, not you.  So starting off by challenging the legal sufficiency of their complaint should be a given.

You’d be surprised how many times we see complaints “answered” that would have been or should have been challenged with a motion to dismiss, but counsel in the name of “efficiency” or “getting it to trial quickly” – waived meaningful challenges and defenses it could have successfully raised immediately.  In today’s lawsuit happy environment, not every complaint is viable.  But failing to know the rules or procedure, may mean you allow a complaint that lacks merit or proper pleading to go forward when in fact, it should be dismissed.

Carlos J. Reyes  is the Principal of Reyes Law Group. He has been a member of the Florida Bar since 1988 and practices state-wide.  Carlos has been awarded a rating of “AV Preeminent” which is the highest possible rating in both legal ability and ethical standards by Martindale-Hubbell – a well-recognized legal resource. The RLG Legal Team also include attorneys  Melissa J. Ulloa and the RLG Legal Support Team to bring you a dedicated, experienced and dynamic legal team to handle your legal needs.

We also assist clients in the areas of: Civil LitigationReal Estate LitigationResidential Purchase & SalesCommercial Acquisitions & SalesResidential Landlord-Tenant LitigationCommercial Landlord-Tenant LitigationShort Sales NegotiationsLoan ModificationsCriminal DefenseCivil Rights ClaimsFamily LawCorporate Work, and Labor & Employment Law.

Call us for a FREE consultation at (954) 369-1993. Se Habla Español.

Visit our firm website and review our credentials.

We are located at 150 S Pine Island Rd #210, Plantation, FL 33324


The Reyes Law Group BLOG is intended to provide information to firm clients, friends and potential clients about various legal related topics. Nothing in this BLOG should be construed as legal advice or a legal opinion. Readers should not act upon the information contained in this BLOG without seeking the advice of legal counsel.  *Past results are no guarantee of future results.

The hiring of a lawyer is an important decision that should not be based solely upon advertisement.  Before you decide, ask us to send you free information about our qualifications.

The following two tabs change content below.

Reyes Law Group

Reyes Law Group represents clients in a multi-disciplinary legal practice involving real estate transactions and litigation with a “footprint” that covers the State of Florida. Over the firm’s first 10 years, Reyes Law Group has closed over $100M in commercial closings, representing buyers and sellers in contract negotiations, due diligence, and the related title review and policy issuance related to closings. In litigation, the firm has commercial litigation experience focused on prosecuting or defending claims such as breach of contracts, partition actions, trade secret violations, and breach of non-competes. However, our firm’s MAIN FOCUS is assisting asset and loan portfolio managers, investors and private lenders with a “ 4-PILLAR APPROACH” to the legal challenges they face with non-performing assets: 1) LOAN WORKOUTS; 2) COMMERCIAL FORECLOSURES (across the State of Florida); 3) COMMERCIAL EVICTIONS; and 4) REO COMMERCIAL CLOSINGS.30+ years’ legal experience means - WE CAN HELP!

Latest posts by Reyes Law Group (see all)

%d bloggers like this: