Every year, millions of dollars are gained and lost in the litigation of business disputes in the State of Florida. The cost of litigation in today’s modern business world is an expense that must be anticipated in any long-term business strategy. The stakes are high.
From some of the world’s largest corporations to local family owned businesses, our clients trust us to handle issues that affect the core of their business or financial lives. Adam Law Group has represented clients in various state and federal proceedings throughout the United States. Our strategy is simple: We prepare each case so it is ready for trial, even if it may eventually settle. With experience as both Plaintiff and Defense counsel, the Firm’s attorneys aggressively and efficiently advocate on behalf of our clients with the goal of positioning cases for a favorable resolution.
Contact an experienced Jacksonville business litigation lawyer immediately. A business must file a written response to a lawsuit within twenty days of being served with the summons and complaint. In Circuit Court actions, a corporate entity (including a limited liability company) is not permitted to represent itself and must appear through an attorney. This means that a corporation’s non-attorney president or shareholder may not file a formal response to the lawsuit on behalf of the entity. In addition, the Florida Rules of Civil Procedure require that many potential defenses be raised in the initial responsive pleading, or they can be deemed waived.
Memorialize all transactions, relationships, and agreements to formal written contract. Many businesses have been burned by “handshake deals” that are based on a party’s words and not on a written instrument. Most businesses enter into relationships with the best of intentions and are reluctant to plan for unpleasant contingencies such as default, breach of contracts, or business dissolutions. If there is no written agreement, disputes become one side’s word against the other and enforcement is difficult. By consulting with a skilled contract attorney and reducing all terms of the contemplated business arrangement to writing, a business can protect itself.
Litigation can be protracted, expensive, and distracting. Businesses are well-advised to consider all avenues of dispute resolution and pre-suit settlement discussions prior to filing a lawsuit. Before rushing into a lawsuit should exhaust good faith negotiations with the other side. Many contracts will require the parties to conduct alternate dispute resolution prior to filing a lawsuit. Failure to abide by these terms can be grounds for dismissal of the lawsuit.
Arbitration is a non-judicial procedure where the parties elect to have their cases heard and decided by an independent arbitrator or arbitrator panel. An arbitrator is usually a retired judge or an attorney experienced in the area practice that is the subject of the dispute. During an arbitration proceeding, both sides will submit evidence to the arbitrator; including witness testimony and documents and physical evidence. Arbitration can be mandatory pursuant to a controlling contractual provision or may be voluntarily entered by the parties. The decision of the arbitrator may be binding or non-binding on the parties, depending on the agreement.
Mediation is another form of alternate dispute resolution. Unlike arbitration, in a mediation conference, there is generally no evidence submitted. The conference is informal and all information exchanges is confidential. Mediation is overseen by a certified mediator. The mediator does not weigh evidence or render a decisions of fact or law. The mediator’s role is to act a neutral facilitator for settlement discussions. A skilled mediator will have frank and pragmatic discussions with both sides and attempt to steer the parties towards a voluntary mutually beneficial settlement. Most Courts in Florida now require civil litigants to conduct mediation prior to proceeding with trial.
The decision to file bankruptcy is one of the most important choices you can make in your life. Bankruptcy can be extremely helpful and may help you get out of a serious financial problem. However, you should understand how debt is taken care of with bankruptcy to ensure that you will benefit from it. When […]
