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Business Disputes

Avoid These Common Mistakes in Commercial Litigation

April 14, 2022

Every business will probably be involved in litigation at some point. Whether it’s a breach of contract claim or a shareholder dispute, litigation is not necessarily a bad thing. On the contrary, it can be an incredibly powerful tool for resolving a dispute that cannot otherwise be resolved. However, many businesses will lose sight of what is really important and head down a self-destructive path. An experienced Billings commercial litigation lawyer can provide clear-eyed guidance at every step so that you can avoid some of the most common pitfalls in business litigation. 

“It’s the Principle of the Matter”  

Without a doubt, principles are important. Sometimes, the principle of the matter is truly what is most important. That said, dogged adherence to principles is often just a cover for hurt feelings or a desire to get back at someone. In other words, the principle of the matter is often used as justification for allowing their decisions to be guided by emotions. 

In this situation you don’t want a hired gun who will do whatever you say – you need a Billings commercial litigation lawyer who can balance the principles at stake while providing a dispassionate analysis of your position and options. 


There are no guarantees when it comes to litigation. Judges can make bad rulings and juries can reach the wrong conclusion, especially in complex business cases. Witnesses can suddenly be less than compelling when it is their turn to testify. No matter how strong your claim is, keep in mind that you will need to prove your case through evidence and testimony. The other side will have an opportunity to challenge your evidence and cross-examine your witnesses. 

Ironclad cases rarely go to trial – they usually result in a quick settlement of the claim. If you are preparing for trial, it is vital to remember that anything can happen and that you need to be as well-prepared as possible. An experienced Billings commercial litigation lawyer will be able to shore up the weaknesses in your case and build upon its strengths. 

Ignoring the Hidden Costs of Litigation

Everyone knows that litigation is expensive. However, the mistake is in ignoring the other potential costs of litigation such as the following: 

  • Damage to your personal reputation or your business’s brand
  • Broken relationships with former business partners
  • Expenditure of time and energy dealing with litigation
  • The emotional toll of litigation

Depending on the nature of the dispute, litigation can be exhausting on multiple levels. A seasoned Billings commercial litigation lawyer can help you assess the various potential costs and decide when a settlement may be the better option. 

Facing the Prospect of Litigation? Contact a Billings Commercial Litigation Lawyer at Ragain & Clark Today

Litigation entails a cost-benefit analysis for almost every business. At Ragain & Clark, we help our clients carefully weigh their options before going to court. But should you decide litigation is your best option, we are fierce advocates that will provide the aggressive litigation representation you need. If you have a dispute that you can’t resolve, contact us at 406-651-8888 to schedule an appointment to discuss your case today.


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