Orange County Business Litigation Attorney

Orange County Business Litigation Lawyer

Business litigation can be caused by a number of things, including disagreements over contracts, disputes between shareholders, or accusations of discrimination from employees. When a business has to undergo litigation, having an Orange County business litigation attorney can make all the difference.

Why Choose Scheer Law Group, LLP, as Your Business Litigation Firm?

Scheer Law Group, LLP’s partners have more than fifty years of experience defending well-known lenders, mortgage brokers, business owners, and investors in consumer and business litigation and transactional work. They focus on creditor bankruptcy, real estate, and business law.

We ensure that we understand how complex your business may be in order to provide you with the solutions you need to protect your goals, both operational and financial. We strive to help protect your business and keep its finances and image as safe as possible.

What Is Business Litigation?

Business litigation addresses disputes or disagreements between businesses or other parties. It often happens due to issues in the business world, such as:

• Breach of contract. A dispute can arise if one of the parties in the contract does not hold up their end of responsibilities in the contract. For instance, if one party is supposed to pay the second party for goods after being delivered but never pays (or only pays a portion of the contract price), this could be considered a breach of contract. Disagreements may also arise over unfair terms listed in the contract.
• Employment disputes. Arguments could arise if someone believes they were discriminated against based on a protected characteristic if they were wrongfully terminated, or if the employment agreement terms were not upheld.
• Disputes in partnerships. This could include arguments about who has minority or majority control of the company, financial clashes, or other disagreements.
• Carelessness Torts: A party may be liable for torts if they hurt someone, harm the image of a person or business, or damage their property.
• Intellectual property disputes. If someone has intellectual property, this means that their ideas are legally protected. If someone tries to take a person’s creative work, such as their writings, art, inventions, or other ideas, and profit from it or claim it as their own, this can give rise to intellectual property disputes.
• Bad faith. This includes not taking claims seriously, not defending a case, making threats against the insured, offering a fair settlement, or interpreting an insurance policy in a way that doesn’t make sense.

Avoiding Business Litigation

Business litigation can be a long and costly process, especially if the two sides cannot come to an agreement on the issue at hand. To avoid this, you will first want to ensure that you are doing everything legally when it comes to your business. An attorney can help you make sure your business practices follow the law.

By lowering risk as soon as possible, hiring a skilled lawyer can help a business avoid future claims. They can help you avoid arguments over contracts, legal claims from employees, or fines for not following the law. It can be hard to keep up with all the state and federal rules and laws, but a lawyer can do so on your behalf and ensure your business remains compliant.

To help keep your business out of court, keep these things in mind, which are often at the heart of a dispute:

• When you make a deal with a vendor, ensure that everyone knows what their responsibilities are.
• Before you sign a deal with another business, make sure you know what you agreed to.
• If you take advantage of trademarks, they will be easy for people to find, and no one else will be able to sell a product or service that looks too much like yours.
• Get as much as you can in writing, whether on physical paper or electronically. Even if a conversation happened in person or over the phone, be sure to have a follow-up that can be traced back.

Process of Business Litigation

Business litigation requires many steps. The exact steps may vary depending on the specifics of the case, but they generally follow a certain flow.

• Investigation. Before the issue can proceed, it must be investigated to determine whether there are proper grounds for a claim.
• Filing the official claim. When there is enough proof to file the claim officially, the plaintiff files with the appropriate court. This is when the plaintiff states how they have been harmed and what compensation they want.
• Serving the defendant. The claim must then be served to the defendant. The complaint can be given to the defendant by a process officer or a valid third party.
• Responding. After a person or business is served, they have a deadline to file a response. They can counterclaim in their response if they desire, as well as put in counterarguments. An example of a counterargument is that the plaintiff filed the claim after the statute of limitations ran out. If the defendant doesn’t respond, the plaintiff can ask for a default ruling, which may potentially automatically rule in favor of the plaintiff.
• Discovery. At this stage, the defendant asks the claimant for information about the facts of the disagreement, and the claimant gives the defendant information about the facts of the dispute. This step is very important for both sides, as they gather all the evidence they need. At this point, papers, written questions, depositions, and other types of proof are gathered.
• Settling. Either side can agree to end the case without getting to court. The two sides may even decide to use mediation to work out their differences. In mediation, parties in a dispute meet with a neutral third party who helps them talk things out and come to an agreement.
• The pre-trial phase. If the two sides do not agree to settle or cannot reach an agreement, the case will proceed to pre-trial. Pre-trial includes objections, motions, and responses to both.
• Trial. Both sides present their case in front of a judge or jury. After all sides are heard, a decision is made by the court. This decision is legally binding and both sides must adhere to it.

How an Orange County Business Litigation Attorney Can Help

Lawyers are extremely important in business litigation because they protect a company’s rights and interests by providing legal support and strategic advice at every stage of the process. A lawyer will start by looking at the details of the case and weighing the pros and cons of possible claims or defenses by looking at important facts and legal issues. They will help determine the most appropriate course of action for you and your case.

The court does not have to be the only answer in business litigation. An attorney in Orange County can help you decide if filing a claim, negotiating a settlement, or looking into alternative dispute resolution options, like mediation or arbitration, will be a better option.

During the litigation process, the lawyer is in charge of all legal documentation, such as writing and sending in complaints, motions, and responses, and making sure that all procedural rules are followed exactly as they should, and up to legal standards, to avoid delays or dismissals.

They can also take advantage of the discovery phase, which is when evidence is gathered through depositions, subpoenas, and document exchanges. This part is very important to the client because having sufficient, strong evidence can make or break a case.

The lawyer may often try to settle the case through negotiation instead of going to court. They talk on behalf of the client in the settlement, trying to make a good deal that hurts the business as little as possible in terms of money and reputation. If an alternative dispute resolution choice like mediation or arbitration is chosen, the lawyer prepares the case and fights for the client to reach a settlement without going to court.

If the case does go to court, the lawyer represents the client in front of the judge and/or jury. If the court rules in favor of the business, the lawyer helps ensure the decision is carried out by making sure the client receives any monetary awards or specific performance orders made by the court.

An Attorney Can Also Help Businesses Not Currently Facing Litigation

A business litigation lawyer does more than just fight for clients in court. They also help companies understand the complicated web of local, state, and federal laws, ensuring they follow the rules to diminish the likelihood of finding themselves in a business litigation dispute.

To protect businesses from legal claims, lawyers give owners ongoing help with things like contracts, intellectual property, employment practices, and other operational needs. A business litigation lawyer helps companies keep things running smoothly, avoid spending too much money, and protect their image and long-term success when they face legal problems.

What to Do When Facing Business Litigation

Sometimes, business litigation may be unavoidable. In this case, there are a few things you should do to help fight for the greatest possible outcome. First, you should contact your attorney right away. They can help you with the next steps and make sure you have everything you need for the process ahead. They can also make sure that you are aware of your rights.

Gather all relevant documentation and evidence that you need to prove any claims you make to defend yourself and your business. This can include email communication, contracts, and financial records.

Do not discuss the case publicly, as this could hurt your reputation or the things you say can be taken out of context. Only discuss the details of the case with your attorney, especially while the case is ongoing.

Follow all the instructions your legal counsel gives you. They can weigh in on any alternative dispute resolution options that are more time-effective and cost-effective for you in the long run.

FAQs

Q: How Do I Prepare for Business Litigation In Orange County, CA?

A: In order to be ready for business litigation, collect any pertinent papers, including financial records, emails, contracts, and communications pertaining to the issue. Talk to a business litigation attorney in Orange County about your case and how to approach it. Don’t talk about the case in public or with the other side without a lawyer present. Keep things in order, talk to your lawyer honestly, and be ready to take part in discovery, settling talks, or trial preparation if needed.

Q: What Is the Difference Between Business Law and Business Litigation?

A: All legal aspects of operating a business, such as contracts, mergers, employment concerns, and regulatory compliance, are covered under business law.

On the other hand, business litigation focuses on settling conflicts as they emerge, frequently through litigation, arbitration, or mediation. Attorneys who focus on business litigation defend their clients in court and assist in resolving disputes that cannot be resolved amicably.

Q: How Much Does a Litigation Lawyer Cost in California?

A: The income of a litigation lawyer in California varies depending on experience, region, and firm size. Attorneys with more experience and those working in large legal firms or major urban regions generally earn more money. Litigation lawyers who handle complex, high-stakes cases may also demand higher pay. In contrast, fresher attorneys working at smaller firms or less competitive areas typically earn lower compensation.

Q: What Is the Difference Between a Corporate Lawyer and a Litigator?

A: A corporate lawyer helps firms avoid disputes by advising them on legal topics such as transactions, contracts, mergers, and compliance. They manage the legal framework for commercial activities. On the other hand, a litigator represents clients in legal issues and participates in court processes, whether through litigation, mediation, or arbitration. While business lawyers strive to avoid conflicts, litigators settle them when they emerge.

Contact Scheer Law Group, LLP, Today

If you need assistance in a business litigation case or are seeking guidance to avoid it, Scheer Law Group, LLP, can help. We have extensive experience representing business owners in many different types of disputes, and we’ve built a reputation as fierce, successful litigators. Contact us today to get started.