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Commercial Litigatiom

Commercial Litigatiom
Litigation (the art of pleading in court) in general and commercial litigation in particular, is the "pinnacle of the law". A lawyer who pleads and provides representation in court must be specifically equipped for such purpose.  Apart from having legal expertise in the topic relating to the dispute with which his client is involved, the lawyer must be proficient in a very complicated, detailed and constantly changing field: civil procedure, as set out in the Rules of Civil Procedure – 1984.  This is a "codex" with more than 530 different rules and thousands of sub-rules and sub-sub-rules. This is without any shadow of a doubt an independent and extensive area of specialization, and it should not be viewed incidental to any other legal specialty.

In England for instance, the source of numerous Israeli laws to this day, a law student completing his studies must choose between becoming a solicitor or a barrister.  He can't be "both". These involve two different courses of study, different study material and a different qualification. It is the solicitor who generally has "his" client, while the barrister appears and pleads in court (with certain exceptions relating to the Magistrates Court).

For reasons into which we will not delve here, the Israeli legal system did not adopt this component of the British legal system (which, in one way or another, also exists in the American legal system).  In Israel, a rookie lawyer may, under any (Israeli) law represent a client in court, from his first day in the profession, even if he has not undergone practical training in a litigation firm, and even if he has no knowledge or experience in litigation. This is akin to a family doctor who might decide to perform surgery (anything from an appendectomy to a kidney transplant) on his patient. But such a doctor would be acting in violation of the law and would lose his medical license.  Consequently we don't see phenomena of this kind in the medical field. By contrast, in the arena of legal representation, it is possible – and there are some who even say it occurs.

As mentioned, a litigator must be an expert in civil procedure and in the Rules of Civil Procedure—1984, as his primary field of expertise. Of course, the litigator's court experience is also a significant factor. But it is advisable and preferable for a litigator to be also intimately familiar with the topic at the heart of the legal battle.  He should not be "too academic".  He should be familiar with the business mechanism as well as the relevant commercial course. He should understand the business result he is seeking to achieve and the best way to achieve it, no less than he understands the law and the discipline of legal pleading.

Adv. Major came to the practice of law from the business world, with which he has intimate familiarity and personal experience. Adv. Ron Major completed his studies in commercial law at an elite University in England (qualifying on July 10, 1990) and also holds an MBA in marketing and economics from the prestigious Edinburgh Business School. For the firm's business clients, whether their business is on the rise or on the verge of collapse, the synergy between Adv. Major's legal and academic qualifications in the field of business and commerce, and his personal experience in business is a real advantage. For the firm's private clients, Adv. Major brings extensive added value, allowing for problems brought to his attention to be handled in the best and most creative way.

Adv. Major's orientation is accordingly commercial, and he is from the school that sees the legal process as a means to achieving the client's ends and defending his various (mostly commercial and/or business and/or financial) interests and not as an end in itself.

The synergy between Adv. Major's legal and academic qualifications in the field of business and commerce, and his personal experience in the business sector, are also an advantage for the firm's private clients in the various areas in which they need advice or assistance. Because ultimately, the vast majority of disputes requiring legal intervention revolve around money and finances. His understanding of the business context that has led to the dispute, together with his legal abilities, are a winning formula which is successfully applied for the firm's clients, and especially in disputes that reach court.

The firm operates with professionalism, creativity, assertiveness and personal attention, selecting the most suitable framework for the (business or private) client's real needs, in each individual case.

Adv. Major is involved in every case handled by the firm, including cases which are routinely dealt with by other lawyers.



 

 
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info@majorlaw.co.il
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