Experienced Chicago Lawyer For Business Dispute
If you own or run a business, chances are that you will find yourself in a dispute with others at some point. Usually, there is money involved. In many cases, someone is questioning how you run your business. Even though business litigation can encompass many things, the common theme is that these cases present companies with many unpleasant challenges. Not only do you have the direct amount of money in controversy to worry about, but you may also need to consider your business's reputation.
The Chicago Business Litigation attorneys at King & Jones take a broad-based approach to your business dispute that goes beyond just winning the case. Of course, you want the best possible outcome, but winning a lawsuit should also focus on efficiency and minimizing costs for your business.
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You Can Trust King & Jones
Our law firm has a legendary history of assisting businesses in the Chicagoland area. With decades of experience, you can trust us with your business litigation matter, whether you own a small business or are a leader in a large corporation. We offer cost-effective representation, and our highly experienced litigators provide respected trial advocacy whenever necessary. Our opponents know our reputation long before we walk into a courtroom. We handle a wide range of business litigation matters, including:
- Breach of contract
- Breach of fiduciary
- Partnership litigation
- Shareholder litigation
- Corporate litigation
- Real estate litigation
- Insurance litigation
- Business torts
- Contested trust and Will matters
Many of our cases have led to reported decisions, and King & Jones is proud to be a leader in this legal arena.
When You Need To Call A Business Litigation Lawyer?
When dealing with others, you can get entangled in a dispute in practically any aspect of your business. They may have their own interests to look after, or they may not live up to the agreements that they made. Here are some of the common scenarios in which you will need a business litigation attorney:
- You are involved in a dispute with another party about the performance of a contract
- You want to terminate a contract, or someone is trying to end a contract to which you are a party
- You have a dispute with a shareholder, and you may need to buy them out
- There are allegations that a company director has breached their fiduciary duty to the company
- You have agreed to a merger or corporate transaction, and there is a problem with the deal
- Employees or prospective employees have made allegations of illegal conduct against the company
- Your insurance company refuses to pay a claim
- Partners in a business are involved in a dispute with one another
Even after you begin a business relationship with another party, it may not be smooth sailing. Many business agreements can go awry as competing interests can come into play. You may need to hire an experienced attorney to protect your financial and reputational interests. You do not need to have a preexisting relationship with someone to end up in conflict with them. For example, you can have ownership rights to something or a contractual relationship with another person or company. You may end up in litigation when someone infringes on your ownership rights or interferes with your ability to do business. For example, someone else may interfere with your relationships with your employees or customers. In that case, you may need to file a lawsuit for tortious interference with a contract.
Litigation Can Greatly Affect Your Business
Business litigation can have serious consequences for your company just by being involved in it. Lawsuits are stressful and can distract you from your business. At the same time, you are facing numerous financial and reputational risks. In many cases, it is best to avoid litigation entirely, although you may not necessarily have control over the situation.
You should contact a business litigation attorney at the outset of your dispute in the hopes of resolving your dispute with the need for the court process. In some cases, you may reach an understanding with the other side that can avert a lawsuit. You can agree or modify an existing contract to settle the disagreement.
How Your Business Litigation Lawyer Can Help?
To either prepare for litigation or avoid it entirely, a business litigation attorney from King & Jones can:
- State your position to the other party and listen to their position
- Negotiate with the other party, either face-to-face or through letters
- Review any contractual documents that can determine whether you may win your lawsuit
- Help you initiate mediation if the other party is willing to engage
- Identify your best arguments should your case go to trial
In many cases, talking can resolve the problem when you and the other party understand each other's position. Solving the issue does not happen overnight, but an attorney will give you commonsense advice to help you.
What To Expect In Business Litigation?
If you end up in litigation, prepare for a long and challenging process. The court process begins when one party drafts a complaint, files it with the court, and serves it on the other party. In actuality, parties are seldom surprised when served with a complaint. Often their lawyers have tried to find a way out of the dispute before it goes to court. Here are some additional milestones in the business litigation process:
- Once the complaint gets filed, the other party can respond and file an answer with the court.
- Business lawsuits are often two-sided, as both parties may have complaints about each other. While one party may initiate the lawsuit, the other party may file a counterclaim, their own lawsuit against the person or company that filed the initial case in court.
- Defendants will usually try to file a motion to dismiss the case for whatever reason. Common grounds for dismissal are missing the statute of limitations and the failure to state a claim.
Discovery Can Consume A Lot Of Time And Effort
The most challenging part of business litigation is the discovery process. Here, both sides will seek evidence in the other’s possession. They may request physical documents or try to pose questions that the other party must answer. The evidence you gather in discovery will make or break your case, which is precisely why your attorney will need to fight hard for you at this stage of litigation.
You will need to thoroughly prepare for the discovery process because you will have limited time to produce potentially hundreds of thousands of documents or more. At the same time, you will also need a good idea of what to seek from the other party. It is not a stretch to say that often business lawsuit is won or lost in discovery.
You Might Resolve A Business Dispute Without A Trial
Every business litigant needs to be prepared to take their case to trial. However, very few business lawsuits will end up before a judge or jury. The vast majority of cases will settle before they go to trial.
From your standpoint, one of the most critical functions a business litigation attorney will perform is an honest and objective assessment of your legal risks and the costs and benefits of going to trial. After discovery, you should know the strength of your case and whether you should go to trial. Your attorney may advise you that settling your case is in your best interests. Then, they can help negotiate a settlement agreement that can end the litigation.
Your attorney will take your case to trial if you and the other party cannot negotiate a settlement agreement. Your lawyer will present your strongest legal arguments and the evidence to support them. Then, a judge or jury will decide your case. The verdict in many business lawsuits is appealed by the unsuccessful party, adding additional time to your case. Your business litigation attorney will need experience in an appellate setting to either challenge or defend the verdict.
Why You Need An Experienced Business Litigation Attorney?
You should always hire an experienced business litigation attorney from King & Jones when you are involved in a dispute. If you try to take matters into your own hands, you may worsen them. For example, your communications in the dispute may work against you if your case goes to trial. In addition, focusing on the conflict will distract you from engaging in your business and making money. Here are some other reasons why you will need an attorney for your case:
- Business litigation requires a strategic approach that an attorney can help you devise and execute. It may be challenging to use forethought when you are in the thick of a dispute.
- The lawsuit results can put your company at risk, and you need to do what it takes to protect your business to operate in the long run.
- An attorney can identify potential legal issues you will need to defend and those you can use to your advantage.
- A lawyer can position you in the event of a future dispute that threatens to lead to litigation.
- You can get peace of mind knowing that you have an attorney to argue your case and protect your interests.
What A Business Litigation Attorney Can Do For You?
Your business litigation attorney will perform many roles for you. They are your counselor, considering all the possible impacts litigation can have on your business. They are your spokesperson, communicating with the other party’s attorney on your behalf. Your lawyer is also your fiercest advocate, doing everything within their ability and authority to advance your position.
It is understandable if you get wrapped up in the immediate short-term pressures of the litigation, given the stress that disputes place on a business owner. It is your attorney’s job to see the bigger picture and counsel on the potential long-term implications of the disagreement. Although each business dispute is different, your attorney’s experience based on what they have seen in other cases can benefit your business.
Contact Our Chicago Business Litigation Attorneys Early In The Process
When you run a business, you should consider having an established relationship with a business litigation attorney, even if you do not have a current and pressing need for a lawyer. This way, you have someone that you can call the instant that you think that you have a dispute. The earlier you can put your matter in the hands of an attorney, the better prepared you can be if the dispute advances. Business disputes can unfold quickly, so you should be as prepared as possible.
As much as you may want to deal with your own issues and think you can stay out of court, this approach may be counterproductive. There is such a thing as making matters worse by using an unfocused and piecemeal approach to solving problems. In the meantime, you may give your opponent ammunition against you at trial.
Certain things are too important to leave to chance. In many cases, you are better off stepping back and letting an attorney from King & Jones handle the dispute. Not only do you increase your chances of success, but you can also focus on other things while the disagreement gets resolved. Disputes do not have to distract you from the rest of your business.
Litigators are not skilled just in winning in court - often, they have focused skills that they can use to resolve disputes. A reasonable attorney will take a global approach to your case, learning about your business and what is important to you. In litigation, you need to consider the worst-case scenarios, so your lawyer should also learn about your greatest fears.
The Chicago business attorneys at King & Jones listen to you and try to understand where you are coming from before we even plot your course of action. The best legal advice comes from someone who works with you and knows what you have to gain or lose in a dispute. We have a long track record of helping our clients achieve the best possible results. Disagreements happen; the most important thing is what you do once you find yourself in a potential conflict.
Find out more about how we can serve your business’s needs by calling King & Jones at (312) 900-8183. You can also contact us through our website for a confidential consultation with our Chicago business litigation lawyers.