Legal disputes are common in the business world. They even find their way into your personal life. These disputes may require formal legal intervention to resolve. The advice and assistance of a well-trained, experienced commercial litigation lawyer Washington, D.C. can prove invaluable to reaching the most favorable resolution. The business litigation lawyers at Eric Siegel Law provide strong, committed, and highly effective representation in the resolution of commercial legal disputes.
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Many disputes arise over ambiguities and disagreements. If you find yourself in need of commercial litigation, you must take swift legal action to protect the interests of yourself, your colleagues, your staff, your customers, and your business. Eric Siegel Law’s commercial litigation lawyers can intervene on your behalf, providing you peace of mind and working to resolve all aspects of your issue.
Clients hire Eric Siegel Law when they need trial lawyers. We handle complex business disputes in courts and arbitrations throughout the United States and abroad. We litigate legal matters in almost every imaginable industry, including energy, financial services, manufacturing, telecommunication, retail and consumer, and natural resources. Business legal disputes may arise in many different areas, including:
One of the most critical things you can do to protect yourself from future disputes is to have a commercial litigation lawyer Washington, D.C. review all contracts before they are used or signed. Contracts include agreements such as:
Small and subtle changes in contract language can make significant differences when disputes arise. Instead of being another expense, the cost of a contract review could save you considerable money and aggravation should a future dispute arise.
We can help with both contract review and commercial litigation. We can review and assess your contract’s terms with a keen eye for potential areas of conflict. We’ll also draft, review, and litigate your contract, striving to avoid any potential problem areas.
In many cases, resolving ambiguity in a contract becomes quite complicated. It is critical to understand the necessary steps that are required by state and federal law to attempt to reach an equitable resolution. At Eric Siegel Law, we are familiar with how the courts interpret various contract provisions in the Washington, D.C. area, and can counsel you on these types of clauses. Furthermore, we can help you identify and highlight any provisions that are particularly relevant for you to have in your business or corporate contracts.
Once it is established that a genuine contract ambiguity exists, the first step towards resolving the issue requires a comprehensive review of the contract’s language. This means that courts only look at the contract itself during this part of the review process. Whenever possible, the law encourages ambiguities to be resolved without considering outside information.
The courts look at the language and broader meaning of the contract. The review process often starts small. First, the actual sentences that contain the ambiguity are reviewed. Then, the relevant paragraphs, the specific section of the contract, and the entire contract, and finally, any documents cited within the contract are reviewed. The goal is to determine the parties’ true intentions by using as narrow an interpretation as possible.
A commercial litigation lawyer in Washington, D.C. knows it is not always possible to resolve business contract ambiguities by sticking to the contract’s language. If the issue remains after a review of the entire document, external evidence may come into play. This type of evidence is known as ‘parol evidence.’ Essentially, it includes anything outside of the contract language that could be useful in determining the parties’ true intentions. For example, it may consist of testimony about statements that were made during a negotiation meeting.
Finally, some contract ambiguities cannot be resolved by finding the parties’ true intentions. In some cases, ambiguities are just inherent within the contract. Both parties merely had a reasonable, and good faith, misunderstanding about the meaning of contract terms. If a dispute reaches this point, the party deemed ‘at fault’ for the ambiguity will bear the blame.
This usually means that the ambiguity will be construed against the party that drafted that contract section. This is why it is so critical to ensure that all of your essential business contracts are prepared and reviewed by an experienced Washington, D.C. commercial litigation lawyer. Ultimately, the best way to resolve contract ambiguities is to catch them in the drafting process before the contract is finalized.
When you run into a contract dispute or other issue within your business, it’s important that you take action to get the legal representation you need to resolve the matter. Follow these steps to get started.
First of all, examine the situation to determine what type of representation you need. Is it a small issue that can be easily handled? Or, do you require legal assistance to navigate through a complex problem? For business matters, a commercial litigation lawyer in Washington, D.C. is the best choice.
Have a basic understanding of what happens during the litigation process and the time it will likely take to resolve the issue. Familiarize yourself with common terms. Each step of the process can be complex, from preparing the case to discussing a settlement. It will take even longer if the case ends up going to trial. Know what you are getting into so there is less confusion.
Once you determine that you have a need for a commercial litigation lawyer in Washington, D.C. you should start to do some research to find representation. Ask for recommendations from acquaintances and colleagues. Check out online reviews.
Target your search by focusing only on lawyers that have experience in the specialization field that you require, such as Eric Siegel Law.
After you have found a promising candidate, schedule a consultation to meet with the lawyer and see if you are a good fit to work together. Prepare a list of questions to take with you so you don’t forget any important points. Some examples include:
Discuss your case in detail and get answers to all of your questions and concerns. If you believe that the lawyer will represent you and your interests successfully, then you can go over fees and terms. Once you are clear on the requirements and expectations, sign the agreement and you can begin to work together on the case.
If you have significant legal issues to sort out related to your business, you might think you can handle them in the house; however, it is always better to work with a commercial litigation lawyer who can assist you. Even if you believe the facts are on your side, you must rely on a legal professional who can place your business in the best position possible to be successful. For example, you should work with a commercial litigation lawyer in Washington, D.C., such as a lawyer from Eric Siegel Law. What are some of the reasons why you should partner with a commercial litigation lawyer?
If you have never gone through the commercial litigation process before, you may not know what to expect. There is a lot of legal jargon, and there is a mountain of paperwork to fill out. You need someone who can help you navigate the legal system. It is easy to get intimidated, and you might not think straight if you are focused on all the jargon and paperwork. This is one of the biggest reasons why you should rely on a commercial litigation lawyer who can help you. You need a guide to walk you through the legal system.
You may think you can handle all of this on your own, but don’t you think your time would be better spent elsewhere? A commercial litigation lawyer in Washington, D.C. can help you save a lot of time because he or she has a lot of experience filling out paperwork, talking to judges, and negotiating with opposing counsel. Use your time to focus on other areas of your business.
Finally, you may think the laws on your side, but you are biased. You need to get an honest opinion of your company’s situation. That is why you should work with a commercial litigation lawyer who can give you an unbiased perspective on your company’s situation. That way, you can make the right decision.
These are just a few of the many reasons why you should partner with a commercial litigation lawyer in Washington, D.C., such as a lawyer from Eric Siegel Law. You should work with someone who has experience navigating the legal system and make sure you get a professional opinion from an experienced attorney.
Business or corporate fraud is an issue that straddles tort and criminal law. Whether your business has been a victim of fraud or stands accused of fraudulent acts, it is important to have counsel from an experienced commercial litigation lawyer in Washington, D.C. Although it may seem less costly to handle such issues yourself, going into such a situation without legal representation can wind up costing far more.
Fraud falls into one of three broad categories:
The first type of fraud most commonly takes the form of misleading or false advertisements. This can also mean that a company has lied or exaggerated the merits and usefulness of a product.
Withholding information comes up frequently in product liability cases. One of the most egregious examples of this is when a manufacturer discovers a defect that may result in user injury or death and decides the potential liability is less expensive than correcting the problem.
Failure to deliver after contracts are signed and/or payment has been remitted is a less frequent form of fraud, but still occurs periodically. Sometimes, it is not the defendant’s fault; accidents happen, supply chains break down, and more. The key to avoiding a lawsuit in this situation is communication with the customer and insurance coverage against loss of the shipment.
A commercial litigation lawyer in Washington, D.C. can advise you on how to avoid other accusations of fraud as well.
Small business fraud is not highly visible in the news media, yet it comprises a significant percentage of financial crimes and commercial litigation. Furthermore, cases of small business fraud rise during times of economic uncertainty, even as attempts at enforcement of the law falter because of budgetary issues.
One common type of fraud is one in which the perpetrator opens an account at one or more small businesses in someone else’s name. A commercial litigation lawyer in Washington, D.C. also encounters third-party never pay, a form of fraud in which someone opens an account at a business and fails to make any payments on outstanding balances. In some cases, this is a credit and risk problem, which does not rise to the level of criminal intent. Alternatively, a business owner may be a victim of identity theft, in which the perpetrator takes out fraudulent loans and lines of credit.
If a business is party to a lawsuit, they cannot represent themselves in court; it is required that they have an attorney who can act as the representation under most states law. This means that employees, owners and other people connected to the company cannot act as representation for a company that is under fire legally. The only exception to this clause is for small claims cases, where a business owner can and usually will attempt to handle a lawsuit without the help of counsel, and most business litigation lawyers would not recommend this approach because it is not conducive to ending the lawsuit; especially if you are a business owner with no understanding of law.
If your business is dealing with litigation then you should contact the business litigation lawyers as soon as possible. Even if the matter does not lead directly to litigation but is very likely to cause litigation in the future, there are steps that can be taken to protect the business and prepare for anticipated litigation that your business litigation lawyer can help you with. Your business litigation lawyer is going to be the one person who can tell you how the potential litigation could affect your business, and yes even if it does not cause illegal affair now knowing that there is a dispute that may cause litigation in the future can be how legal obligations are created for the business; if the business is going into litigation they must preserve records, they must avoid additional liability and more in your business litigation lawyer can tell you just what you need to do for that.
Business disputes can be settled informally by both parties involved at any time, in most cases are set up so that the parties have to formally mediate and discuss settlement prior to trial. Some business disputes are litigated and then resolved by voluntary settlement but these types of disputes require the court’s approval by rule, and it is important that settlement agreements are documented for the protection of the business.
There are a lot of variables to discuss when a breach of contract occurs, such as the potential damages and defenses to the claim of the breach in your business litigation. A lawyer is going to be able to help you gather evidence such as the contracts, communications, and other evidence that speak to the business partner breaking the contract. Your business litigation lawyer is going to be able to offer you options to explore such as an informal demand and resolution, demand business records, board-level resolutions, formal litigations or even alternative dispute resolution.
Typically business litigation lawyers are going to handle any type of business-related dispute, however, sometimes they can specialize so you should ask your lawyer if they specialize or not. Business litigation lawyers can handle litigation, arbitration, informal disputes, advertising disputes, business theft, employment contracts, shareholders and other fiduciaries, defamation, business interference, non-compete, intellectual property, real estate, and more.
At Eric Siegel Law, we understand that not every matter should and does go to the courtroom. When necessary, our trial experience and capability provide the perspective to map a winning strategy even before litigation is filed. We aim to obtain the most favorable results when litigation goes the distance and is resolved at trial.
Our commercial litigation attorneys are complex problem solvers with an outstanding track record of helping clients like you reach the outcome that best meets their business goals. Our commercial litigation attorneys take the time to analyze your case, advise you on your options, and devise a strategy geared toward success. Whatever approach your case needs, count on Eric Siegel Law to deliver knowledgeable, effective advice and representation.
If your business is involved in commercial litigation or a dispute over ambiguous contract terms, contact Eric Siegel Law to schedule a confidential consultation with a commercial litigation lawyer Washington, D.C. to discuss your legal options. Call our office today.