The Andres Lopez Law Firm
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Your first contract litigation

Small businesses can go a long time without suing another party or being sued. Then, suddenly, you find yourself in strong disagreement with another party. At the bottom of this disagreement is a contract, and agreement both sides agreed to.

Which side is in the right?

When lawsuits happen

First-time litigants wonder why the contract did not suffice to keep both sides on the up-and-up. Sometimes it is because of an ambiguity in the language of the contract. Sometimes it is because the contract left out the kind of specific situation you now find yourself in.

And sometimes, one side is in clear violation of the contract, and only a successful lawsuit or an out-of-court settlement will make things right.

Contracts take many forms, not all of them written down on paper. You can enter into a contract on a phone call. Even informal or implied contracts are enforceable under the law.

If you are lucky, your first lawsuit will be over a small sum, and you can resolve the problem in small claims court. This way you can avoid hiring a lawyer, and save time and money.

Very often, however, the amount in question is enough to wreck your business. Then you very much need an experienced lawyer. The survival of your business may depend on his skills.

To sue or not to sue

It is not a given that the issue must be resolved in a court, with the whole world watching. Many disputes are resolved through mediation, arbitration, or a simple meeting with the other party to work things out - a settlement. Settlements usually take the form of a compromise, with both parties meeting in the middle.

If you are doing the suing, you are claiming that the other party is in breach of the contract - that they did not keep their agreed-upon promises. If you are the one being sued, your goal is to show that you did not violate the contract.

The right decision for you

The more money is involved, and the greater the danger it imposes to your continuation in business, the more you need a skilled lawyer.

You will hear people say to stay out of court, at all costs. It really depends on what those costs are. At The Andres Lopez Law Firm, we are always mindful of balancing the risk of going to court with the benefit of prevailing. You will want a lawyer who puts your need to succeed first, before everything else.

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