Skilled Guidance In Complex Business Litigation Matters
Business disputes can be extremely difficult. Common issues include disputes over non-compete clauses, contract terms, terms of dissolution of a business and leases. If you or your business has been sued over this type of dispute or if you are considering suing another business, you’ll want to start by getting your ducks in a row. If this is overwhelming, don’t let it stop you from talking to an attorney at Tidwell & Associates in Chattanooga sooner rather than later.
Getting Started On Your Case
Start with the applicable contract(s) related to the suit. Next, find every email, voicemail, video, photo, text message, etc. that you have that document anything related to the issue. You can save time and money with your attorney by putting this all together and creating a timeline (preferably using Excel) based on all the evidence you found (not on your memory). The more you can document through any kind of potential evidence (items created in the course of business; documents you create now don’t have the same weight with a court of law) what happened when, what you did or didn’t do, and what the other party or parties did or didn’t do, the better.
There are many defenses against these types of claims. For example, non-compete clauses have to fall within what the law considers reasonable for them to be upheld. Disagreements about what the contract actually means also require understanding what the law says about how contracts are interpreted. Lease disputes may sound straightforward, but a landlord has an obligation to provide a property that is what the landlord advertised it to be just as a tenant has an obligation to perform the maintenance that is in the lease agreement as well as pay the rent.
There may be legitimate reasons to stop paying the rent, for example, if the landlord hasn’t provided your business with the type of space promised. An experienced attorney at business disputes will be a valuable asset to you in determining what the best course of action will be. Having a trial lawyer will also be helpful as an experienced trial lawyer can assess how well your case is likely to go if it ends up in trial.
Initiating Legal Action
Sometimes it is necessary to sue another party to seek compensation for financial harm they have caused through wrongdoing, or to prevent them from or force them to stop actions that are unlawful or detrimental to your business. An experienced business lawyer can explain your remedies, from cease-and-desist letters and court injunctions to lawsuits for monetary damages. You might need to sue a customer, vendor or another business for breach of contract or fraud. You might need to take action against a former employee to enforce a non-compete agreement. You might need to formally dissolve a partnership or business entity. Again, any correspondence or documentation — on paper or electronic — will aid your argument and give you leverage.
Whether you are filing a lawsuit or defending against one, develop a list of all persons who may be potential witnesses in the case with their contact information. When in doubt include that person and let us decide if they can be helpful to your case.
Contact Us To Talk As Soon As Possible
Don’t forget there may be a short window to preserve your right to sue, and if are defending legal action you only have so long to answer a lawsuit or you may end up with a default judgment against you. Call our firm at 423-340-4222 or contact us online to set up your consultation about business disputes and other business issues.