A contract is a legally binding agreement between parties that creates an obligation to do something, or in some cases, not do something.
The three main purposes of a contract:
- Detail what both sides have to do
- Detail how both sides will get paid
- Give both sides a way out of the deal
If all three purposes are not in the contract, it is not a complete contract. The contract should also clearly indicate when performance will be considered complete. If you don’t have a good contract, that’s when business brawls start.
Contracts do not have to be in writing, but it is best if they are. Writing the agreement down avoids people later changing their story about what was agreed to, and helps the parties focus on the important points. A good, solid contract not only protects your interests, it also provides a roadmap for the working relationship between the parties, decreases misunderstandings, gives methods for working out problems, and defines the exact relationship so there is minimal damage if things go awry.
The world of personal injury and insurance law is very specialized. The insurance companies who defend personal injury and malpractice cases know the attorneys in your area who litigate these cases. The insurance companies use that information to evaluate their risk. One of the first questions an insurance adjuster will ask when a serious claim comes in is: who is representing the plaintiff?
If you are represented by an attorney who has never tried a personal injury case, or who “handles” a lot of automobile cases but settles them all, you may not be in the best of hands. If we take a case on contingency, we are prepared to try it all the way to a jury verdict. Everyone knows this, and knows that it will be a major brawl if the case does not settle.
Let’s face it, there are plenty of people out there looking to get a piece of the business you worked so hard to build or the assets you acquired after a lifetime of saving. Former spouses and their children, sons or daughters in law, former business associates, creditors, the list goes on and on. Even well-crafted Wills, business plans and estate plans are often challenged. Alternatively, unscrupulous predators often unduly influence the elderly, leading to a Will that excludes rightful heirs.
In Will contests, the stakes are high, emotions run even higher, and the ensuing brawls can get ugly.
Other Complex Business and Commercial Issues Include:
- Debt collection
- Government contracting
- Buying or selling the business
- Planning for the next generation
- White collar crime
- Business valuation disputes