–Litigation can happen for a wide variety of reasons, whether a business owner feels the need to sue over an unresolved business matter, or the business is being sued. The San Luis Obispo corporate law attorneys from Toews Law Group, Inc. have prepared a list of important considerations that might help resolve business conflicts and prevent costly litigation.
Litigation is not something to be taken lightly. Aside from legal fees and the potential financial impact if the outcome is not as desired, there is the risk of loss of goodwill among professional associates and in the community. The stress of preparing for and appearing in court can also put a strain on personal health and relationships. Here are the things to think about and discuss with an attorney before filing or responding to a lawsuit.
- What efforts have been taken to settle the matter? Has there been an offer made from either side to resolve the issue? Have all the parties involved participated in good faith settlement negotiations? Is mediation with a neutral third party a possibility? The San Luis Obispo corporate law attorneys at Toews Law Group, Inc. can help determine if mediation or some sort of alternative dispute resolution might be the first step towards a peaceful resolution.
- Should this matter have been filed in Court? Was there an arbitration clause in the original agreement? Arbitration clauses are almost always enforced and an attorney specializing in arbitration is going to be more useful than attempting a lawsuit.
- What defenses, if any, may exist to have this matter dismissed as soon as possible? Does the plaintiff have standing to sue? Has the applicable statute of limitations expired? Should you countersuit for damages that you have or may suffer?
- What do you hope to gain by suing? If you are being sued, what do you hope to gain by not reaching an out-of-court agreement? Outcomes can include an injunction to keep the defendant from taking certain actions, financial compensation, or a court ruling compelling the defendant to do something, such as fulfill their obligations under a breached contract.
- What is the likelihood the court will find in your favor and at what cost? Weighing the cost versus the potential award and the possibility of recovering the award are matters that must be considered before pursuing litigation. Have a frank discussion with an attorney before filing a lawsuit.
- What are the possible adverse outcomes? Are damaged relationships worth the lawsuit? Disputes with business partners might be better settled through negotiation than in the courts. The consequences of suing a neighboring business or a competitor might spill over into the community, resulting in loss of business. Working with your attorney to pursue less adversarial methods might bring about a better resolution.
There also might be state and federal laws to consider. Laws regulate almost everything a business does. Knowing how to navigate these laws and where the laws overlap is critical to keeping a business out of court and out of the sights of a regulatory agency. A consultation with an attorney at Toews Law Group, Inc. can help develop a strategy to first, resolve a business legal matter and avoid a lawsuit, or second, create a strategy for the best possible outcome from a lawsuit.
Toews Law Group, Inc.
1212 Marsh Street, Suite 3
San Luis Obispo, CA 93401
This press release is by San Luis Obispo SEO and marketing company Access Publishing, 806 9th Street, #2D, Paso Robles, CA 93446, (805) 226-9890.