Avoiding business litigation just makes good business sense. Business litigation is costly, time consuming, and uncertain. Regardless of what one may think a judge should do in a given case, the truth is, the judge may do just the opposite. Once the case leaves the negotiation phase and is presented to the court for a decision, almost anything can happen.
At the Law Office of Todd M. Kurland, P.A., we believe an ounce of prevention is worth a pound of cure. We work to develop business relationships with our clients long before the prospect of litigation rears its ugly head. Of course, sometimes, business litigation is unavoidable. However, with the proper groundwork laid well in advance, business litigation is reduced substantially. Two frequent grounds for litigation include the following:
- a failure to reduce an agreement to writing; and
- failing to consider all possible contingencies.
Each of these situations is discussed further below.
Failure to Put Agreements in Writing
Too often in business, business owners fail to reduce their agreements to writing. This is particularly true when dealing with friends, family, or long-time business associates. Sometimes there is a presumption there is no need for a written contract between friends. This, however, frequently leads to problems. Without a written document detailing who was responsible for example, for what actions or which payments, as well as the timing for both, it can be difficult to resolve various issues. Often, oral contracts end up in litigation as the different parties to the agreement remember things differently. Without a written document memorializing the terms and conditions of the agreement, the courts decide the intentions of the parties.
Failure to Consider Contingencies
When people enter into business contracts, they tend to be excited about the future they can forge together. They aren’t necessarily thinking about what happens if there is a hurricane, or how to deal with an unanticipated real estate dispute, or what to do if someone breaches their duties under the contract. As such, sometimes the parties neglect to address these issues in their written contract. Just as when there is no written contract at all, a poorly written contract can lead to litigation to resolve disputes.
Why a Business Litigation Attorney Matters
Business litigation attorneys have already seen, and litigated, the disastrous consequences of oral contracts and poorly written contracts in business dealings. Consequently, an experienced business litigation attorney knows the clauses that are essential to a solid business contract. By addressing possible contingencies in the beginning, they affirmatively reduce the likelihood of having to litigate business issues at a later date.
Are You in Business? Looking for a Business Litigation Attorney?
If you own or run a business, you need a business litigation attorney on your side. A qualified business litigation attorney doesn’t just litigate business issues on your behalf, they also anticipate potential business litigation issues, and work with businesses to reduce both the potential for business litigation, as well as possible damages. Contact the Law Office of Todd M. Kurland, P.A. to discuss your business needs today.