Understanding Commercial Litigation: 5 Tips for Navigating Contract Disputes with an Attorney
Commercial litigation is legal action that is taken when businesses are in a dispute over a transaction. There are many different circumstances that may lead up to the need for commercial litigation, including collection of debt issues, contract disputes or breaches of contract, misuse of intellectual property, antitrust violations and stockholder disputes. When these or any other types of challenges arise in your business, it is essential that you utilize the professional services of an attorney that is an experienced commercial litigator. The lawyers at Bochetto & Lentz have a successful record of helping businesses to resolve these types of challenges, both through skilled negotiation and through representation in court. For more information on how we can help, call our office today.
Commercial litigation can cover a broad range of business dealings, from simple to complex and for businesses large and small. Generally speaking, litigation can be time consuming, frustrating and expensive. This means that it is advantageous to attempt to navigate contract disputes and resolve them rather than take them to court. When contract disputes arise, there are a number of things that should be kept in mind in order to avoid litigation. The most important of these is to remember what your end goal is. If what you most want is to have the dispute resolved and to return to the contract terms as they were, then these tips may prove helpful:
- Remain reasonable and maintain good relations: There is nothing that will escalate a dispute faster than name calling, anger, and unreasonable acts, and that applies long before the disagreement reaches the dispute phase. Try to preserve a positive relationship, communicate, and rely on the goodwill that has been established previously.
- Avoid picking fights over unimportant issues. Do not point to incidental details as evidence of bad faith or breach. Assuming an attitude that requires that everything is done perfectly dooms you to failure.
- Keep your tone professional. Be appreciative where appropriate and firm where appropriate, but leave emotions out of it – especially out of any correspondence that can be entered into evidence in court.
- Avoid threatening litigation. Though it may seem like an effective and intimidating tool to mention the idea of filing a lawsuit, this can often backfire and increase the level of animosity in a dispute. It can even lead to a counterclaim being filed. Stay calm and avoid making threats.
- If you are at fault, admit it and take care of the problem. It is often difficult to acknowledge failure, and that can lead to unnecessary arguments and eventual litigation. When a dispute arises and you have been accused of a breach or error, take the time to determine whether the accusation is correct, and if it is, then take action to fix it.
At Bochetto & Lentz, we believe that the most effective way to resolve a dispute is through communication rather than litigation, but when it is necessary to take a dispute to court, we provide you with effective, competent representation. Call us today to learn more about how we can help you with your commercial litigation challenges.
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