When Do You Need To Contact A Business Litigation Attorney?
An obvious indicator of the need to contact a business litigation attorney would be receiving a letter from another party or attorney that threatens litigation. Unfortunately, many business owners ignore these letters, which leads to litigation. The better route would be to forward a letter threatening litigation to an experienced business lawyer who can try to negotiate a resolution of the matter without having to get into litigation.
Another warning sign would be a lack of communication from a customer or party you are doing business with as they may be planning to breach their contract or take legal action. Under such circumstances, the best way for a business owner to protect themselves would be to speak to a business lawyer in order to determine their rights and decide how best to proceed.
If a business is looking to terminate an employee, it’s always a good idea to have an experienced business employment lawyer review the situation and provide advice on how to minimize the risk of encountering problems, especially in California where employee claims are so common. We can often convince employees to sign a release in exchange for a small severance payment, which generally prevents the filing of a claim or lawsuit in the future.
I Started A Small Company With A Partner And Have Significantly Expanded. However, We’re Having Disagreements. Should I Hire A Business Litigation Attorney?
It’s almost always better for a business owner or partner to obtain expert advice in advance so they can plan for potential liabilities, be informed of their rights, and make informed decisions. Once a situation has gotten out of control, it is much more difficult and expensive to contain. In the same way that it is wise to see a doctor if you aren’t feeling well, it is wise to consult with an attorney as soon as there are signs of potential disagreements or litigation.
Do You Find That A Lot Of Your Clients Underestimate How Costly And Time-Consuming Business Litigation Can Be?
Clients who don’t have prior experience with litigation often underestimate its expense and complexity. We explain the litigation process to clients and provide an estimate of how much it will cost and how long it will take. This allows clients to enter into litigation fully aware of the pros and cons, and the legal process they will have to navigate.
In Your Experience, What Would You Say Are Some Of The Biggest Mistakes That Investors Or Business Owners Make When It Comes To Business Litigation Matters?
Investors and business owners often wait too long to seek a business lawyer’s advice and guidance in drafting and/or reviewing contracts. Oftentimes, contracts drafted by a client or inexperienced attorney will be missing many key provisions or will contain errors which render them unenforceable. Mistakes of this nature can cost a business many thousands of dollars to fix, so it is usually less expensive to hire a trustworthy and experienced attorney from the start.
Another mistake that investors and business owners make is failing to understand the pros and cons of litigation. I’ve taken over cases that probably never should have been filed, but instead resolved before the lawsuit was filed. Once the other side files a lawsuit, the party on the receiving end is drawn into protracted litigation, which is a situation that can be difficult to escape. It is almost always better to reach a resolution before litigation starts. Unfortunately, many business owners waste thousands of dollars on lawyers and spend years’ worth of their time in litigation but wind up settling anyway. In fact, approximately 90 to 95 percent of cases that go to court end up being settled before trial. We therefore encourage our clients to make every effort possible to try and settle before we file a lawsuit.
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