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Los Angeles Business Organizations Law Blog

Contract disputes and communication

Business owners find themselves in the middle of contract disputes for all sorts of reasons. From disagreements involving an employment contract to a dispute that has arisen with business partners, there are a wide variety of reasons why these cases surface. Moreover, the consequences of a dispute can be shattering with respect to a business' finances and future. As a result, you should try to resolve your contract dispute successfully if you are currently in this position. There are many aspects of contract disputes to consider and in this blog post we will look into communication.

Communication is extremely important during a contract dispute, whether you want to discuss the dispute with your business partners to determine the best approach, speak with a legal professional who has a considerable amount of knowledge regarding this area of law or even discuss the dispute with the other party in order to resolve it amicably. Sometimes, business owners are not able to communicate with the other party when they are going through a dispute. However, some have been able to minimize the impact of a contract dispute or even settle the disagreement altogether by reaching out to the other side and discussing matters.

Your real estate agent's fiduciary duties

If your business is growing, you may be in the market for real estate that will accommodate your expansion. You may already have your eye on a piece of property with a building that will suit your needs, or you may be relying on your real estate agent to do the searching for you. However, are you aware of the duties and responsibilities your agent has toward you?

In the first place, you should understand whether your California real estate professional is acting in the legal capacity of an agent rather than a representative. In fact, true agency in real estate is rare and exists only through a legal agreement between you and the agent. If you have a client/agent relationship with your real estate professional, the agent owes you a fiduciary duty.

Arguing doesn’t have to be a bad thing for business partners

Arguments are often viewed as negative. So, some may see arguments as something to avoid at all costs. Some may be tempted to apply this strategy to their interactions with business partners.

People in business partnerships generally want things to go as smoothly as possible with their partner, and may fear that arguments could rock the boat and damage the company. So, they may find the thought of arguing with their business partner unpleasant.

Using arbitration to settle business disputes

If your California business runs into conflict with a customer, an employee or another business, it is reasonable to feel anxious and to have many questions about what will happen. A lawsuit could potentially devastate your business, not to mention the personal toll it can take. Despite your standing in the dispute, you can never be certain of the outcome of a civil trial.

Many businesses include in their contracts the requirement for bringing disputes to arbitration before taking them to the courtroom. This is because arbitration agreements often protect businesses from class action lawsuits. However, before agreeing to this method of conflict resolution, you may want to know more about the process and its benefits.

Understanding the uncertainty of litigation

Engaging in legal warfare comes with a great deal of uncertainty and risks. Many business-people face decisions along their legal journey that evokes fear and hope alike. These fork-in-the-roads all lead to an uncertain outcome that oftentimes leads to a significant change.

Engaging in a legal battle may pull you or your business closer or further from your anticipated vision. The legal fight is fought with the accumulation of evidence for the argument you are purporting. A central aspect to the arena of litigation is understanding what factors cause so much uncertainty throughout the case.

5 ways to avoid a family business dispute

Family disputes can make the holidays awkward. A family business dispute could cancel the holidays altogether.

There are many causes to a family business dispute, and conflict often takes place in stages before it gets ugly. Not only could family relationships be potentially ruined, but large sums of money may be spent on litigation before anything is resolved-if it ever is.

What are some ways to prevent conflict before it escalates? We will discuss 5 tips for doing so in this post.

What to do about an accidental partnership

While there would be no litigation without conflict, a partnership dispute started in a different place. Partnership disputes begin with two parties who want to carry out something together.

Accidental partnerships are an area of business litigation that starts with an even more pure motive. Both parties trusted each other and counted on a common goal they wanted to accomplish. Somewhere along the way, the relationship may have turned from its original purpose, but there is still a foundation of trust.

Because of relationships like partnerships, business litigation can be about more than pounding your fist on the table until you get what you want. Business litigation can help both parties get back to terms that will allow them to accomplish the goals they had in the first place.

The discovery phase of your business litigation

As a southern California business owner, you have worked hard to protect your company from any risk to its success and growth. This includes drafting a solid contract for your clients, a thorough employee handbook and a zero-tolerance harassment policy. You offer training for your staff and oversee the daily operations to ensure quality.

Nevertheless, you are facing a civil lawsuit. This may be new territory for you, and the process is understandably unfamiliar. While your attorney will guide you through stages of the case, you may find it helpful to have a general understanding of one of the most critical parts of the process: discovery.

Dealing with a lawsuit against your business

Business owners in California may agree that a lawsuit is one of those events that can demoralize and discourage you, especially if it comes from within your company. However, no matter the source of the complaint, you are looking at a threat to your company's productivity, reputation and finances. Taking appropriate steps from the first moments after hearing of an action against you can make all the difference in the outcome.

The most prudent first step is to seek legal counsel. You will want to deal with an attorney who has experience in business litigation and who will give you clear and frank answers to your questions. Your lawyer will provide you with precise directions for proceeding, potentially including some of the following general suggestions.

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