4745 N 7th St. Suite 210 Phoenix, AZ 85014
(602) 566-7425
A business litigator, also called a commercial litigation attorney, advocates for companies in legal disputes with other businesses, individuals, employees, insurance carriers, or government agencies. Their practice covers breach of contract claims, partnership disagreements, insurance bad faith, employment discrimination lawsuits, real estate conflicts, and fraud allegations. The role differs from a transactional business lawyer, who primarily drafts contracts and negotiates deals to minimize the risk of disputes. A litigator steps in if and when a dispute arises between the parties.
What Does a Business Litigation Attorney Do?
A business litigator’s responsibilities include but are not limited to:
1. Evaluating the Claim and Advising on Strategy
It’s a business litigator’s duty to review the contracts, communications, and financial records before providing an honest assessment of the client’s legal position.
According to Atty. Rita Gara on FR Law Group’s It’s Law Podcast, most clients approach litigation with a “lack of objectivity” because they personally experienced the alleged harm. A seasoned, astute litigator, however, can answer the three questions every prospective client asks:
- “Do I have a case?”
- “How much is it worth?”
- “How much will it cost to pursue?”
A reputable business attorney will decline a claim that lacks legal merit. “We don’t always take the claim because it may not be worth the client’s effort,” Atty. Troy Froderman shared.
2. Preserving Evidence and Preventing Spoliation
Once a dispute arises, the attorney sends preservation letters, also called litigation hold letters, to the client and the opposing parties. These letters instruct each recipient to retain all documents, emails, and records related to the dispute. Any company that destroys evidence after receiving such a notice can incur court sanctions, including a spoliation instruction that permits the jury to assume the destroyed records favored the opposing side.
FR Law Group has represented general contractors whose subcontractors destroyed, altered, or concealed project files, and obtained a spoliation instruction on that basis. Preserving evidence as soon as a dispute emerges protects the client’s position months or even years later.
3. Handling Discovery, Depositions, and Motions
Once litigation begins, the business litigator manages discovery, which includes the exchange of documents, written interrogatories, and sworn depositions. This phase determines what evidence each side can use at trial. Depositions alone can cost up to $1,500 for a written transcript, and video depositions are double that.
Attorneys also draft and argue motions throughout the case, including motions to dismiss, to compel discovery, and for summary judgment. Each one requires the attorney to research the applicable law, draft the arguments, and present them to the judge.
4. Negotiating Settlements and Handling Alternative Dispute Resolution
About 90 to 95% of cases reach resolution through settlement, mediation, or arbitration. Arizona courts enforce arbitration agreements under the Revised Uniform Arbitration Act, A.R.S. § 12-3001 et seq., for contracts signed on or after January 1, 2011. A business litigation lawyer weighs settlement offers against the likely outcome at trial, the cost of continued litigation, and the client’s business objectives.
Froderman warned on the podcast that any law firm doing a poor job is “rah-rah, from the beginning of the engagement, up until the day of mediation, and then they’re not so rah-rah, and they’re pushing their client to settle.” Setting honest expectations from the very beginning avoids that outcome. FR Law Group also provides mediator and arbitrator services when parties cannot settle.
5. Trying Cases Before Judges and Juries
When parties cannot settle, the business litigator presents the case before a judge or jury. The process involves preparing witnesses, drafting jury instructions, cross-examining opposing witnesses, and offering evidence in a manner the fact-finder can follow.
To set expectations, cases filed in Maricopa County, for example, can take at least two years to reach trial, and each level of appeal can add another eight to twelve months. The timeline varies based on the case’s complexity, the court’s schedule, and whether the parties resolve some or all issues before trial.
6. Advising on Prevention
Business litigators may advise clients on potential disputes before they escalate. Many companies retain FR Law Group as outside general counsel to review contracts, audit worker classifications, assess insurance policies, and flag terms that could expose the client to liability before a claim arises. Preventive legal work costs a fraction of the $50,000 to $200,000+ that businesses may spend on a single lawsuit.
How to Choose the Right Attorney for Your Business Legal Needs
A commercial lawsuit can take months or years to resolve. The attorney you choose will be right by your side through it all. The following can help narrow your choices:
1. Ask for a Referral or Look for Options Through a Trusted Source
Ask business contacts, other attorneys, or close friends for a recommendation. The State Bar of Arizona also connects the public with vetted attorneys. Alternatively, a quick Google search can provide a list of business litigators near you, though ensure to cross-check the results against the State Bar’s disciplinary records.
2. Test the “Chemistry” During a Consultation
Litigation requires ongoing communication between the client and attorney. The client should always feel comfortable asking questions, and they should receive easy-to-understand, candid answers about the case, its risks, and the available options.
3. Understand the Fees and Costs
The attorney should state the hourly rate, anticipated litigation expenses (such as deposition transcripts and expert witness fees), and any threshold for pre-approval of hard costs. FR Law Group seeks the client’s approval on any single expense over $500 to avoid billing surprises that could strain attorney-client relationships.
4. Consider the Firm’s Size
Although large firms have more resources, their attorneys may have too many clients and cases competing for attention. A boutique firm can devote more time to each case.
In 2021, Clio, a leader in legal AI, concluded that clients of smaller law firms reported 60% higher satisfaction than clients of larger firms. If a firm cannot give 100% of its effort to your case, “you should consider going somewhere else for your representation,” advises Froderman.
Why Arizona Businesses Choose FR Law Group
FR Law Group is a boutique commercial litigation firm based in Phoenix, Arizona. We combine individualized representation with the trial experience of partners who spent decades at large international law firms. Atty. Scott Ryan, founding partner and managing member, has over 20 years of experience with construction and commercial disputes across the state, while Atty. Troy Froderman, founding partner, has been recognized in The Best Lawyers in America® 2026 for Insurance Litigation.
Collectively, we represent clients statewide in commercial dispute resolution, business litigation, insurance recovery, and construction litigation. Let’s discuss the legal issues affecting your business today.
FAQs About Business Litigation Attorneys in Phoenix
When should I hire a business litigator?
As early as possible. Statutes of limitations, notice-of-claim requirements against government entities, and contractual limitation periods can bar a viable claim before the business can enforce its rights.
Do all business disputes go to court?
No. Most commercial disputes end in settlement, mediation, or arbitration. Only a small percentage reach trial, though a good litigation attorney prepares every case as if it will.
What is the difference between a business attorney and a business litigation lawyer?
A business attorney primarily assists with transactional matters, including contract drafting and entity formation. A business litigator resolves disputes when a transaction breaks down and one party sues or is sued. At FR Law Group, we do both, advising businesses before disputes arise and representing them when litigation is necessary.