When Is It Time for Business Litigation?

Business LitigationWe specialize in business litigation and have found that in most cases, people would prefer to avoid going to trial.  This is understandable considering if you do go to court it can be more expensive and take longer than if you settle outside of it.  For this reason, we often recommend attempting to mediate first.  As an attorney, we can initiate mediation where the other side comes with their attorney, we sit in opposite rooms and try to negotiate.  This can be an effective way to resolve conflict and at, bare minimum, will clearly demonstrate where each party stands and what issues neither one are willing to budge on. While this works some of the time, there are many instances where it simply won’t and litigation then becomes your only option outside of arbitration for resolving the dispute.

One challenge that businesses often face is finding a lawyer that is willing to go to trial.  Most business attorneys won’t, opting instead to do things outside of the courtroom.  There is certainly a need for lawyers to establish corporations and handle contracts but this can leave businesses in a lurch when they need more and their attorney doesn’t offer it.  If you are in this situation, we recommend that you give our office a call. That doesn’t mean that you can’t ever use your attorney again, only that you need more services than what they are willing to offer.

When we engage in business litigation, it is important for us to understand the facts of the case. In this type of law, evidence is extremely important because very often disputes are subject to interpretation. In fact, that is why many business disputes arise in the first place. Two parties view a situation differently or interpret a contract from different points of view and this leads to a conflict that cannot be resolved without the help of a judge.

Since we need to build a strong case, we will typically want to see the following:

  • Contracts.  If you and the other party entered into a contract, we want to see it.  We will also need to see any addendums or side agreements that went with it.
  • Emails.  If you have an email chain of correspondence, this can be helpful for us to review.  We can read them and determine if there is anything that can prove why what you believe to be true – is true.
  • Financial documents.  Money is at the root of most business disputes so we will need to see any financial documents that back up your claims, show the loss you suffered, create a paper trial, etc.
  • Formation documents.  In the case of a partnership dispute, we will need to see your business formation documents to understand how the company was set up in the first place and to determine what rights each party has.  This will also be necessary for proving that you have the right to sue on behalf of the company if that is what you are trying to do.

As a lawyer specializing in business litigation, we are an expert at helping you to navigate through what can be a difficult situation.  If you need help, call us for a consultation right away.