WHEN TO HIRE A BUSINESS LITIGATION ATTORNEY
Whether you are a large or small business owner, you already have more responsibilities than you can handle in running your business. One of the last things you want to do is hire an attorney. But there are times when hiring a business litigation attorney is exactly what you should do to protect your business.
The fact is business disputes happen. In fact, they are happening more and more frequently. So, it is not a matter of if your business will find itself in a business dispute, it is a matter of when.
The more common reasons your business might require a business litigation attorney include disputes between owners or partners, responding to a lawsuit filed against your company, working with the company’s insurance carrier, collecting money owed from customers, or filing a lawsuit against another business or customer. A business litigation attorney can also advise your company how to avoid litigation using certain documents and work with you to resolve disputes without filing a lawsuit, such as through mediation, private arbitration, and settlement negotiations.
TYPES OF BUSINESS LITIGATION DISPUTES
The most common type of business dispute is a breach of contract disputes. Just as the name implies, one (or both parties) breach a written contract. It could be that one company refuses to deliver goods promised, the goods are different than what was agreed, the workmanship was defective, or the materials used were inferior. Because breach of contract dispute relies on a written contract, it is important the contract your business uses is expertly drafted by an experienced business litigation attorney. Although there is no such thing as a written contract that can prevent lawsuits, a properly drafted contract can greatly improve your chances at resolving the dispute before having to file a lawsuit. A contract may also allow your business to recover what it paid out in legal fees and costs to resolve the dispute. For that reason alone, using a written contract is highly advisable.
More and more businesses are using non-compete and no solicitation clauses in their contracts. These provisions prevent a former employee, independent contractor, or suppliers from competing with your business for some specified amount of time in a certain geographical area or from contacting your customers. An experienced business litigation attorney can explain the benefits of each and when they should be used for your business.
Labor and Employment
Labor and employment disputes happen between employees or former employees and their employer. These disputes could be based on discrimination, wrongful termination, Americans with Disabilities Act violations, sexual harassment, hostile work environment, and failure to make reasonable accommodations. While Aultman Law does not handle employment law matters, it has relationships with other law firms that do.
Generally speaking, tortious interference occurs when another person or business interferes with some form of economic advantage or contract your business has. The economic advantage or contract could be with another business or a customer. The other party must intentionally and wrongfully interfere in such way such that your business was deprived of all or some of the economic advantage is should have received. An example is helpful: A general contractor contracts with subcontractor to install flooring for a customer. Another subcontractor learns about your contract and tells the customer to hire it instead because it can install the floor for less money. If the customer breaks the contract and hires the other subcontractor, then the general contractor can sue for the subcontractor’s tortious interference.
Businesses are generally required to purchase commercial insurance policies to operate. If your business is concerned it will be sued, contact your insurance carrier first. Your insurance carrier will evaluate the dispute and may assign a law firm such as Aultman Law, which has worked with most major insurance carriers, to represent you. Litigation is very expensive, whether your business or your insurance carrier has to pay for it. Litigation is also time consuming. Aultman Law works hard at trying to resolve business disputes without expensive litigation. Depending on the situation, a written contract may determine how a dispute is to be resolved, such as through private arbitration. This is a less expensive option that may, depending on how a contract is written, prevent litigation. To know if an arbitration clause is appropriate for your business, contact a business litigation attorney.
Even the best attorneys cannot always resolve a business dispute without resorting to litigation. When that happens, it is important you hire a business litigation attorney with considerable experience and a proven track record of success. It is always advisable to contact a business litigation attorney as early as possible when a dispute arises. This can help your business avoid problems down the road and keep the business from making the dispute worse, not better.
HIRE AN EXPERT TRI-CITIES BUSINESS LITIGATION ATTORNEY AT AULTMAN LAW
With more than 18 years of litigation experience, Jeff Aultman has helped many small and large businesses, as well as insurance carriers who insure those businesses. If you have a business dilemma, contact Aultman Law. We may be able to help resolve the issue out of court and away from the public eye. If we can’t, Aultman Law has an excellent track record of litigating these matters. Aultman Law also handles personal injury, construction defect, and insurance defense matters. Contact Aultman Law today for a free consultation.