Business Dispute Lawyer in Virginia
As a business owner, it should come as no surprise that you have a vested interest in all that you have built, making the services of our Virginia business dispute lawyer from Dale Jensen, PLC Law Firm that much more critical should issues arise. When you are first launching your business, you want to make sure that you not only fulfill your requirements but also that you are anticipating situations that you may run into in the future. At times, businesses can be vulnerable to litigation regardless of the care they have taken to build their business. This may occur for a number of reasons, such as if you have not developed clear policies or because you are involved in a dispute with an employee or business partner. After developing and growing your business, there may be times when you decide to partner with other businesses for specific projects. Naturally, you may have differing opinions or approaches to executing certain ideas, and this is where discussions can become tricky. Unfortunately, in some cases, disagreements occur which can result in differing creative visions that may lead to a dispute.
Before a dispute happens, have a strong understanding of business law so that you can put the proper measures in place to protect your business in case of a costly dispute. Putting the right preparations in place ahead of time and embedding them into your business policies can help you resolve disputes or reduce the likelihood of one occurring. Business owners who take the time to craft carefully built agreements have a higher chance of efficiently settling a dispute.- However, in times when you may need more specialized assistance, a business dispute lawyer can provide their services. Our firm can help you with a variety of legal services that you are prepared for in any scenario. With our support, we can help you understand business litigation, and the issues that could arise and provide the guidance you need to mitigate the legal problems you may be faced with.
Common Questions and Concerns
As a business owner, to grow your business you may want to consider partnerships with other businesses to develop your company. When done well, a partnership can be a great collaboration that serves to widen your visibility to new consumers and hone your larger business strategies. However, a dispute can arise if you and your business partner do not see eye to eye. In cases where you have tried multiple approaches on your own to resolve your conflict, having a lawyer intervene and act as an unbiased third party may help you come closer to a solution. Many business owners who are not familiar with resolving business disputes can turn to a lawyer for help. Common questions and topics of concern that a lawyer usually receives include the following:
What types of business disputes does your firm handle?
Most firms are going to be able to work with small and midsize businesses, which means they are going to face a wide range of business disputes. Firms handle disputes of varying complexity, from breaches in employment agreements to more sophisticated disputes such as litigation involving a number of parties. A dispute may be a natural part of operating a business, but there are ways to resolve them fairly and efficiently that are suitable for all parties involved. There are many reasons why a dispute can occur. Some such disputes may be a breach of contract, breach of fiduciary duty, partnership disputes, fraud, bad, unfair, efficient, insurance coverage, denial of coverage, real estate litigation, securities litigation commercial oil and gas litigation, theft of trade secrets, trademark infringement, and much more. Because there are so many types of disputes, they can be hard to resolve without the knowledge and experience of a business lawyer. A lawyer understands how to approach business disputes and knows what specific strategies will lead to the right results.
No matter how minor or major a dispute may be, it has to be settled quickly and in an appropriate manner that serves the best interests of the business and is fair for everyone involved. The longer a dispute goes unresolved, the more complications could arise. A dispute can put your business at a standstill. Both your short-term and long-term plans for your business may not be able to move forward until you get the dispute settled. For this reason, disputes should be solved as quickly as possible. For more information about what types of business disputes are handled, you can reach out to any business dispute lawyer.
What steps should I take if my business partner has breached my contract?
If your business partner has reached a contract such as a partnership agreement, operation agreement, management agreement, bylaws, fraud or is not acting in your business’s best interest, you should speak to a business dispute lawyer as soon as possible. Anyone who violates a contract should be confronted and held accountable for their actions. Do not delay action or let the breach go without any acknowledgment. Such actions need to be immediately addressed and resolved. A breach of contract or not acting in the best of the business can cause your business immediate harm. They are not only disrespecting your partnership, but they are also threatening the stability and longevity of your business. Minimize the risk of loss and you should act promptly. We understand that problematic business decisions and behavior can be difficult to address, so if you need legal help don’t hesitate to reach out to a skilled business dispute lawyer. Obviously, before you meet with your business dispute lawyer, you should gather up as much of the applicable correspondence and contracts and agreements as they relate to the dispute and the business as possible. Gathering this information beforehand is helpful and will allow the lawyer to more quickly prepare your case.
Do I need a business attorney, or can I settle this dispute on my own?
There are some situations in which it is possible for you to settle a dispute without the help of a dispute lawyer. However, if your company or another company has breached a contract with your business, has committed fraud, instantly trade secrets, or harmed another business in some way you might be better off hiring a business dispute lawyer if you are supposed to be negotiating, and you in trouble doing so by yourself, or for other lawyers involved the other side, you need to get legal help. The other party is likely to have a strong legal team of their own, so you will also need a lawyer who is just as skilled and competent. These are highly complex and serious matters that demand attention from a legal third party.
As these issues could potentially cause irreversible, permanent damage to your business, having a lawyer to help you settle the dispute can help you preserve your business and protect it from future harm. If the matter is already in litigation then you should contact an attorney immediately. If it could lead to litigation, then there are some steps you could take to court, however you do have a little of yourself and your business to ensure that you take your case seriously and promoting it seriously needs to be promoted. Sometimes avoiding court can cause you to lose money.
Can my business dispute be settled outside of work?
Each case is different, and there is no single approach to settling a business dispute that is guaranteed to be effective for every scenario. There are many factors that may influence whether it is possible for your business dispute to be settled outside the courtroom. The more complex your situation is, such as if there are many parties involved or if your business partner refuses to cooperate, it is more likely that your case will have to go to trial.
Regardless of whether going to court is necessary, you must act as if your case will eventually reach that stage. It is important that your case is prepared for trial even if it never goes to trial. This ensures that there is no necessary or unnecessary stress on the lawyer that you will be working with.
In any case, resolving business disputes effectively is necessary if you want your business to succeed. Disputes can threaten the growth of a business, and it can damage the company’s reputation if the fallout is especially severe. If a business dispute leads to bad press and publicity, it can have harsh consequences that affect the stability of the business. Customers and other business partners may lose trust and faith in the business. Understanding how to recognize and solve business disputes is an important part of managing your business well, so if you need further assistance you are advised to talk to a skilled business dispute lawyer about potential solutions.
As a business owner, it’s not uncommon to find yourself dealing with legal problems. You are going to face challenges concerning every aspect of your business, so it’s important that you are ready for them. A problem can occur at any time, and you have to have the tools to resolve them and mitigate expenses.
When legal issues are not appropriately managed, business owners may find themselves facing litigation that is costly and impactful on the success of your business. You could find yourself having to deal with the damage months or years after a lawsuit has been settled. In some cases, it may be possible to resolve these issues; however, legal recourse may be unavoidable.
One of your top priorities should be protecting your business, which is why the services of an experienced law firm will be critical to mitigating several issues, including:
- Breach of Contract Disputes
- Employment Law Issues
- Partnership Disputes
- Issues with Intellectual Property
- Contract Disputes
- Property Disputes
- Civil Claims
You may be concerned about the costs of hiring a litigation lawyer. However, think of a lawyer as an investment in the future of your business. You are adding another layer of protection to your business. It will greatly benefit your business in the long term. By having an experienced and capable lawyer by your side, you can spot issues before they develop.
If any issues or disputes occur, they can be efficiently fixed with a lawyer there who can guide you through every step of the way. You are not left with the difficult tasks of managing your business’ daily operations while handling an impending lawsuit on your own. While there is a cost to hiring a lawyer, the benefits far outweigh the initial expenses in the long run. Remember that it is much more expensive to fix a problem than prevent it. The costs of investing in an esteemed and experienced business lawyer is well worth it if you are avoiding potentially larger problems down the road.
Business owners often have their hands full, and with the added stress of legal compliance, business owners can overlook things.
It is easy to miss crucial details that can have a significant impact on your business operations. Never leave yourself and your business without the legal protections you deserve. You could be vulnerable to malicious parties attempting to bring lawsuits against you and potentially cause irreversible damage. To ensure your business is secure, speak to a seasoned business dispute lawyer who can provide you with the legal guidance to resolve issues before they become more complex.
With our firm, you can depend on receiving quality legal support that covers a range of issues and disputes. Engaging in the services that our Virginia-based business dispute lawyer provides can assist in managing legal entanglements and even preventing their occurrence altogether.
Common Reasons for Breach of Contract
Our team understands how much a breach of contract can interfere with the flow and success of a business. Even if you enter the contract with the best of intentions, someone may fail to uphold their end of the agreement. If this happens, it is important that you reach out to a lawyer for advice on how to find a solution. Here are common reasons why breaches of contracts happen:
Lack of Consideration
Consideration refers to something with value that is given by each party within a contract and induces them to enter an agreement. If there has not been a consideration, the court may deem a contract not valid and thus terminated.
Statute of Frauds
Verbal contracts may be enforceable. But there are certain kinds of contracts that must be in writing in order to be enforced, including service agreements, marital agreements, contracts for goods, and land contracts. Even with these contracts in writing and signed by all parties, the court can still determine whether informal writings meet the statute of fraud requirements. Examples of informal writings are letters, invoices, and emails.
Impossibility of Performance
A contract may be terminated under what is referred to as the impossibility of performance. If it becomes apparent that one of the parties is unable to fulfill their side of the bargain within a certain time frame, the other party or parties can make a claim for breach of contract.
When a party states that a breach of contract has occurred, there are often questions to be asked, such as whether a contract existed, what the contract required of each party, whether the contract was modified at any time, what terms of the contract was breached, and what damages were caused by this breach?
A breach of contract may be minor or material. Obligations in remedies will depend on what type of breach happened. A material breach is when one party has failed to provide the other with the correct item specified. The non-breaching party is no longer obligated to perform based on the contract and has the right to pursue remedies for breach of contract. Factors that are considered when determining a material breach of contract include:
- Degree of benefit received by the non-breaching party
- Whether the non-breaching party can be properly compensated for damages
- Degree of hardship to the breaching party
- Willful or negligent behavior of the breaching party
- Extensive performance by breaching party
- Whether the breaching party can fulfill the remainder of the contract
Reasons To Contact a Business Dispute Attorney
Your Legal Standing Is Not Protected
If you started your business without the help of an attorney, you may find that your company is not properly incorporated or your personal assets are not separated properly from your business liabilities. As soon as you learn that you are not properly protected, you need to contact a business dispute lawyer in Virginia, such as Dale Jensen, PLC. Your attorney can help you protect both your company and your personal assets.
Also, at times, a dispute in your company has more to do with navigating red tape than an actual dispute. An argument with your partners, vendors, employees, etc. may result from your inability to do something because of your legal standing. A proper business attorney can help you solve these problems.
Legal Matters Are Taking Too Much of Your Time
Whether you are just starting out or you have experienced success in your business, you will probably encounter a period when your time is being taken up by legal matters. However, you got into business to run a business and provide a product or service to your target market, not to deal with legal matters.
Legal tasks, disputes and processes can take a lot of time. They may even seem endless. However, you can get back to producing a thriving business by relinquishing those legal issues to a business dispute lawyer in Virginia.
Your Business is Growing Quickly
A business with rapid growth is highly attractive to other companies, and these companies may begin to offer you money for your company. They may also start trying to figure out how you grew so fast. Not all businesses operate ethically, so you may encounter situations where your intellectual property is stolen or exposed.
You want a growing company, but with this growth, you may encounter new headaches. A business dispute lawyer in Virginia can help you during these times. For example, Dale Jensen, PLC can help you build a business plan or contracts that discuss the situations where mergers are acceptable. You can have partnership contracts drafted and negotiated. Your attorney can also find ways to protect your intellectual property and other assets. These professionals will help you assess your risks and create plans and legal documents that minimize or prevent them.
You Experience a Breach of Contract
Every business has multiple contracts, from the partnership and operating agreements to employment and nondisclosure agreements. When a contract is breached, you have a few options. You can allow the breach and sever any dealings with the breaching party, but you may have legal issues later. You can also hire an attorney who can sue the breaching party and fight for the fulfillment of the contract or some other form of damages.
The Do’s and Don’ts – Tips For Business Litigation
If your business has become involved in litigation, you should take critical steps to ensure your company gets the best possible outcome. There are also some pitfalls you should avoid.
Do Gather Evidence
Litigation involving business disputes can often turn on documentation. You should make sure you gather all of your company’s incorporation documents, including any operating or shareholder agreements. Your business dispute lawyer in Virginia will need to review these documents to determine the parties’ rights and causes of action. You should also compile any contracts or other agreements related to the specific matter involved.
In addition to documentation, witness testimony may be crucial in your business litigation. Your company should keep detailed records and transcripts of any employee interviews related to the legal action.
Don’t Discuss Matters
If you are in the midst of a court action involving your business, it may be tempting to talk about it with employees or customers. Often, litigants believe their position to be valid, and they want to get others on their side. You mustn’t discuss anything related to your litigation with anyone other than your attorney with Dale Jensen, PLC. Statements you make to third parties can be used as evidence against you in a legal dispute. Many people you interact with through the business probably have contact with the persons on the other side of your argument. You do not want to give any advantage to your adversary accidentally.
Do Maintain Normal Operations
A legal dispute can be a significant factor in your company’s ability to continue as a going concern. Until you know of any reason not to, you should continue to operate the business as normally as possible. You will need to focus on the company’s actual operations rather than any potential adverse outcomes related to your litigation matter. Your business dispute lawyer in Virginia can advise you if you need to consider possible operational changes resulting from pending litigation.
Don’t Manufacture Documents
As you are working with your attorney at Dale Jensen, PLC to build your business litigation case, your attorney may ask if you have certain records or if there were written policies and procedures in place. If these documents do not exist, you need to be honest with your counsel. Under no circumstances should you attempt to create documents that did not exist before your litigation matter. You can be punished severely by the court for trying to manufacture evidence.
Our Firm Offers the Protections Your Business Needs
The formation and management of a business is an enormous responsibility, and while the risk of legal issues may be a far-off thought, it should be at the forefront of your mind. Do not take your business’ security for granted. Put in the necessary protection to keep your business safe from litigation. When a lawsuit is brought against your business, you can’t anticipate its long-term impact. It may be even more costly to fix the ensuing issues that happen after the fallout of a litigation.
With the services of our business dispute lawyers, we can mitigate the risk of business issues that can be costly and impactful for your business. We are highly knowledgeable about the legal strategies that can help you avoid the worst consequences of a sudden business dispute. Having the advantage of an experienced lawyer can provide several benefits:
- We can offer counsel that will help strengthen your business and protect you from litigation
- We will work to resolve issues before they become a more significant problem for your business
- Help to draft contracts and manage contractual disputes
- Offer a responsive legal presence when faced with legal issues
- Ensure that proper regulations are in place to reduce problems that may arise with employment issues
Establishing the foundation of a successful business is a big commitment. When you work with a lawyer during the early stages of business formation, you can ensure that you are protected every step of the way. As you go through major developments to transform and improve your business, you will surely face challenging and unexpected obstacles.
You might be reluctant to hire a lawyer because you feel that it is an unnecessary expense. You might believe that you do not need the services of a lawyer because you are not dealing with a specific problem. However, you do not need to encounter legal troubles in order to receive a lawyer’s help and guidance. A lawyer can help you with any of your legal needs regarding your business.
Whether you are in the primary stages of forming your business or already have a well-established organization, seeking guidance from a lawyer will be a critical component to success. It is never too late to obtain a lawyer and discuss ways to protect your business. It is best to hire a lawyer before you experience any issues so that you can form a concrete plan. Scrambling for legal help once an issue occurs may result in even more expenses and damage to your business.
Having a business dispute lawyer by your side to help you navigate every issue allows you to better focus on your business’ growth. Our team is prepared to provide you with the support needed to ensure the success of your business for years to come. Do not wait to receive the critical legal assistance that you need. Do you have questions? Are you looking to learn more about how our legal services can assist with your business needs? Don’t hesitate to get started by calling our business dispute lawyers in Virginia at Dale Jensen, PLC Law Firm to schedule your first meeting with us.
When someone decides to form a company, the last thing they expect is that they will need the services of a business dispute lawyer in Virginia. Developing a successful and profitable business is not an easy feat. While investors will have a financial stake, business owners will likely have their own money invested and contribute their time and efforts to building the business. There can be a lot riding on outcomes for newly formed businesses. While laying the groundwork and developing the business, company owners may not consider the possible disputes they could face down the road. Disputes and litigation are inevitable for many; however, it’s important to note that there are ways to prevent problems down the road with proper planning and preparation. Dale Jensen, PLC will not only work with company leaders to prepare their businesses for the future, but our team can also help manage disputes in a timely fashion.
Understanding Business Disputes
Throughout the lifetime of running a company, business leaders will face a multitude of challenges. Business disputes involve the process of litigating, defending, and settling issues that arise between companies and other parties. It’s important to note that even the most successful, well-run companies may face litigation. While savvy business skills and robust risk management can help identify and manage exposures, companies are still susceptible to possible lawsuits. When not managed appropriately, business disputes can seriously disrupt a business and its opportunity to experience further success. Our Virginia business litigation lawyer has counseled clients on many business disputes involving:
- Intellectual Property Disputes
- Partnership Disputes
- Employee Disputes
- Contractual Disputes
When faced with possible litigation, two components will play an essential role during the process, documentation/evidence and negotiations with the help of a lawyer. It’s possible to minimize the losses faced by a company involving litigation with an experienced lawyer who can carefully review the situation and develop a well-developed strategy to reduce losses and protect the business.
The Best Way to Prepare Your Company- Plan
Managing potential lawsuits doesn’t happen when a subpoena is served to you; it starts way before that. Company leaders with savvy business minds can mitigate problems down the road by adequately planning for the day they face possible legal issues. Typically this begins on day one, and every day moving forward by:
- Hiring an experienced business lawyer to assist and make recommendations
- Choosing the most appropriate business formation for the company
- Ensuring that all agreements are executed in writing
- Developing employee manuals, hiring the right people, and providing them with the proper training
- Ensuring the company has the right insurance coverage to protect their exposures
- Managing disputes before they become a more significant issue
Taking prompt action involving business disputes is critical for many reasons. Businesses can protect their bottom line and productivity and prevent further issues that could quickly escalate if not managed appropriately. However, when leadership focuses on laying the groundwork from the start, it’s possible to manage disputes and mitigate the potential losses down the road.
Dale Jensen, PLC can help businesses achieve their business objectives from the very start. For help managing issues before they become a more significant problem, contact our business dispute lawyer in Virginia to initiate the process.
If you are a small business owner and you haven’t yet spoken with an attorney about crafting a comprehensive strategy for your business contracts, it is time to speak with an attorney. Making this kind of proactive effort can help you to avoid most kinds of business disputes before they have an opportunity to arise. However, even the most well-crafted proactive contracts strategy cannot entirely eliminate the risk that a business dispute will arise over time.
In the event that a contract is breached, a party to a contract is threatening to breach their obligations, or another dispute with the potential for legal consequences arises during the course of your business, know that the experienced attorneys at Dale Jensen, PLC are here to help. Working with an attorney to resolve a business dispute can help to mitigate the negative consequences associated with the dispute and give you the best possible opportunity for a favorable outcome to your situation.
Business Dispute Lawyer – Virginia
Business disputes occur for all kinds of reasons. Misunderstandings, an inability to hold up one’s end of the bargain, and simply trying to benefit at another’s expense are all common causes of business disputes. Regardless of the nature of your company’s circumstances, connecting with a business dispute lawyer in Virginia will help to clarify both your rights and options under the law.
When Business Contracts Are Breached
Contracts are legally binding documents. As a result, when one party breaches their responsibilities under a contract, other parties to the contract in question generally have opportunities for legal recourse made available to them. With that said, it is important to understand that most contracts are dense, nuanced legal tools and are affected by the exceptionally complex standards of U.S. contract law. As a result, it is generally a good idea to avoid making any assumptions about the strengths of your case, weaknesses of your case, or your legal options until you’ve spoken with an attorney experienced in this area of law.
Whether you’re concerned about your own ability to hold up your contractual obligations or you’re concerned about another’s potential or actual breach of theirs, we can help your company to manage the situation as efficiently and effectively as possible.
Legal Assistance Is Available
If you have not yet scheduled a risk-free consultation with the experienced Virginia legal team at Dale Jensen, PLC, please do so now. As a small business owner, you risk a great deal any time you’re facing a legal situation and have not yet sought professional guidance. By working with our firm on both a proactive basis (trying to avoid legal challenges before they have the chance to occur) and a reactive basis (responding to legal challenges that cannot be avoided as they arise), you will better ensure the stability and profitability of your business.
Our firm is proud to represent the legal interests of small business owners in Virginia. It would be our honor and pleasure to speak with you about your legal needs at this time and into the future. Please call today for a risk-free consultation. We look forward to speaking with you.