What is a Business Dispute?
Common Types of Business Disputes
Contract Disagreements
A contract disagreement can be one of the most common causes of business disputes. This encompasses a wide range of issues, including whether a contract even existed—or whether it was breached due to negligence or intent. Unfortunately, many contracts drafted by either a business or an employee exclude any resolution or arbitration provisions, and those become difficult to resolve once a contract dispute arises.
Partnership Issues
A partnership dispute usually arises between two or more business partners. Most partnership agreements will have some mechanism to guide it through the process should a dispute arise, such as inclusion of arbitration or other formal provision to resolve the internal dispute . More often than not, however, these agreements are either silent regarding any mechanisms to resolve the dispute or they are poorly written, and so courts must involve themselves in the business dispute.
Intellectual Property Conflicts
This type of business dispute is common in today’s market. As competition in virtually every industry becomes more robust, the potential value of a well-organized intellectual property strategy becomes immensely valuable. It is no surprise, then, that many businesses are entering into direct competition with one another, which creates a need for parties to protect their strategic positions. As such, functions including patents, trademarks, designs, and copyright protections are vital to the overall success of a business’s strategic vision. Trademarks or patent holders will require the services of an attorney to investigate perceived infringements of any kind.
The Function of a Business Dispute Attorney
A business dispute attorney serves many important roles when it comes to addressing the needs of clients. At their core, they are responsible for representing their clients in legal matters that may arise in the course of doing business by offering guidance on how to handle different types of disputes. The most common role of an attorney is representing their client in a dispute. Attorneys have the ability to go to trial and represent their clients before the court and jury, or otherwise help them settle the dispute through negotiation and resolution. Attorneys use their experience in business law to explain the risks and benefits of going to court and to navigate the legal landscape of business disputes as required by the situation at hand. In some situations, it may be possible for a business to resolve a conflict amicably with another party. Rather than taking the risk and spending the resources necessary to go to court, a business dispute attorney can help facilitate a peaceful resolution of the conflict. Even if legal action is not necessary at all, a business dispute attorney can help a business understand how to avoid certain conflicts, such as by implementing changes to their policies or procedures to better prevent issues that may lead to a dispute. In this sense, a business dispute attorney is responsible for more than just representing their clients in court. They’re also entrusted with mitigating any potential risks that the business may face in the future and finding ways to solve business conflicts as soon as possible, with the aim of saving time and money for the business. Any contact with an attorney or law firm is generally viewed as a sign that the matter is serious, and thus businesses often benefit from the advice of an experienced attorney who can guide them toward solutions that save significant amounts of money and time in the process.
Why You Should Hire a Local Business Dispute Attorney
A preferable option to working with a large out of state law firm is to consider hiring a local attorney. For example, if a business in Michigan has a dispute or is sued and wishes to defend itself in this state, it is preferable to hire a local attorney. This local attorney will be extremely familiar with the law in Michigan and be able to put together a plan to resolve the issue with a great deal of familiarity with other Michigan attorneys, judges, and the business community in general. Local firms in terms of size will often offer great service at lower rates than national firms. Many local firms have been in business very long, and have developed relationships with other local professionals such as accountants, consultants, etc. that may provide support services to the firm and offer additional benefits to the client as they resolve their particular legal issue.
Characteristics of an Effective Business Dispute Attorney
Expertise and experience in the area of business law are two crucial qualities to look for in an attorney who is going to handle your disputes within the state of Puerto Rico. The lawyer you choose should have a solid understanding of Puerto Rican business law as well as a long-standing reputation for success – a lawyer with a trademark on his or her courtroom style. Simply put , a seasoned business dispute attorney will not shy away from taking your case to trial if needed. As a business owner, you want legal counsel who will aggressively and optimistically fight for you. Finally, you want an attorney who communicates effectively and professionally, so you remain abreast of the status of your business disputes at all times.
How to Locate the Best Business Dispute Attorney in Your Neighborhood
Your research into the attorney that you would like to hire should begin with the attorney-client fit that has been established from the very first phone call or first meeting. If the boundaries have been established and each of you appears to trust the other’s best intentions, then you can move forward with a more in-depth search for the attorney that will best serve your legal needs.
First, ask around. You know you need an attorney, but do you know anyone who might have used one that they liked? Business owners are quick to refer a good attorney. Either that or they offer a very loud complaint about an attorney they did not like. While you may not think your neighbor, or your dentist, or your accountant will know of an attorney, it’s worth an ask. As a business owner, these are all the types of people that you meet through business including these professionals as well as other business owners, employees, co-workers, and possibly suppliers.
Second, once you have some names to work with, take your search online and research reviews. Keep in mind, however, that these reviews are as likely to be slanted as any review you might read about any business. Most people who take time to write online reviews are either unhappy customers or those whose happiness was off the charts. If the review site has issues of verification for its reviews, even more so.
Third, check the state bar association for any disciplinary actions against the attorney you intend to hire. No one wants to spend thousands of dollars hiring an attorney only to have that attorney disbarred for some unethical action.
Fourth, check professional associations of business lawyers in your area. These associations provide an opportunity to research other business partners and peers of an attorney. If an attorney is held in high esteem by other attorneys, then you will know that you are dealing with an attorney who has credibility.
Finally, if you have done your research and have decided on a candidate or two, schedule an in-person meeting with that attorney. Be sure and bring a list of questions about your situation and the experience of the attorney. The answers to your questions will help you make the final decision.
Your Preparations for the First Appointment
The first step for most businesses when evaluating an attorney is to set up a consultation. Before even picking up the phone, do some homework and consider the following:
1) What is the scope of your need – i.e. what types of problems have you encountered or are anticipating?
A potential attorney may specialize in construction defect, mechanics liens and government contract litigation but be completely unfamiliar with insurance coverage disputes and related matters.
2) Have relevant documents ready for review and to discuss at your initial consultation for more effective advice.
You don’t want to have to explain the dispute twice, first to your current counsel and then during the consultation. Providing documentation can also help you get more up front guidance and better evaluate whether a potential attorney is experienced in this particular area of the law. You should be prepared to show relevant contracts, pleadings, correspondence, etc .
3) Determine if the dispute is complex or not.
For businesses coming to the table knowing their dispute is going to be large and complicated, a full-blown hour may be needed, but if you’re estimating how lengthy your consultation should be, 15 to 30 minutes is typically sufficient.
4) Be prepared to discuss your goals for the meeting and your objectives.
What are you looking to gain by the end of the consultation? If it’s a simple matter, you probably want to find out broadly what you are facing in terms of costs or liability. If it’s a more complex issue, you may want some insight into the timeline and strategy behind pursuing your case. Alternatively, are you looking for general representation to put a plan in place now in case litigation arises – that information will help the attorney understand how he/she might proceed and plan their time accordingly.