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How a Business Litigation Lawyer Typically Handles a Contractual Dispute

by | Jul 11, 2023 | Business Law

When one or more parties involved in a confidential or nondisclosure agreement disagree on the definitions, terms, and conditions of the contract, a dispute arises and places both parties at risk. A business lawyer will be essential when navigating a contract dispute to ensure everyone receives the best possible option. 

However, if negotiations are unsuccessful and there are other issues at hand, a lawyer can protect your rights and business interests. Regardless of the specific issues regarding the contract, partnering with an experienced business lawyer is vital for a successful business partnership.

How a Business Litigation Lawyer Typically Handles a Contractual Dispute

Handling a contractual dispute requires thorough knowledge of the law and negotiation strategies to protect your interests and achieve the best possible outcome. A lawyer will have the experience, resources, and ability to protect your company and assets properly. The following are a few ways a business litigation lawyer will handle a contractual agreement:

Communicating with the Other Party

Before escalating the situation, communicate with the other party about the dispute and work to come to a resolution. Simple misunderstandings and miscommunication can be easily fixed through an open discussion.

Document Everything

Making copies and gathering information is vital to ensure the other party is not breaching their agreement or acting unlawfully. By documenting every conversation and detail relating to the contract, a lawyer can review any potential legal issues. 

Attempt Mediation or Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) methods like Mediation can be a cost-effective, less adversarial way to resolve a contract dispute. These often involve a third party who will assist both parties in finding a mutually acceptable solution.

Issue a Demand Letter

When negotiations and ADR attempts are unsuccessful, a lawyer can send a formal demand letter expressing the breach of contract or requesting a specific remedy to continue the project and business relationship.

Review Applicable Laws and Jurisdiction

A lawyer will need to analyze and review the contract’s applicable laws and jurisdiction in which the dispute will be resolved. By ensuring they are familiar with the proper regulations, they can help assess your legal position and needs.

Decide on Litigation

While you may hope to resolve the issue through negotiation or other methods, in some cases, litigation is necessary to protect your rights and business interests. If you are planning on pursuing a lawsuit, you will need to discuss your strategy and situation with your lawyer.

Prepare for Trial

Once you have confirmed no other dispute resolution methods will help the situation and decide you have a solid legal case, preparing for trial is vital. There are numerous steps when preparing for trial, and a lawyer will provide essential insight and representation. The sooner into the process you partner with a lawyer, the more time they have to assist with and understand your situation.

When choosing a lawyer, you will want to ensure they have extensive experience and positive past results. Our professional and highly-qualified lawyers at Fahl & Donaldson understand the intricacies of business litigation and law. By utilizing our knowledge, resources, and community connections, we will offer the legal counsel you require for a smooth and efficient process.

Speak With Business Attorneys at Fahl & Donaldson Today

With over 100 years of combined experience serving clients throughout the Texas Gulf Coast area and statewide, our Fahl & Donaldson attorneys understand what it takes to protect the rights and property of our clients. We have proven legal acumen and deliver effective, trial- and arbitration-ready representation. 

Unlike some larger, “big law” companies, our smaller firm offers a personal, communicative, and accessible practice. Our long record of success in negotiations, arbitrations, and at trial provides clients with sound legal counsel and strategic litigation services. To speak with one of our team members, schedule a free consultation at (346) 241-7355 or by completing our contact form.