Business Disputes in South Florida: How an Attorney Can Save Your Company

As a business owner, you have a ton of responsibilities in keeping the doors open, the lights on and the profits rising. Probably that last thing you have time for is dealing with a business dispute, a problem that unfortunately is almost impossible to avoid.

This blog highlights the risk of litigation and the value of legal representation.

“As the owner of a company, you wear many hats in your day to day life,” Rodriguez-Albizu Law states on its website. “One hat that may require outsourcing is that of legal counsel. From a disagreement with a supplier to a lawsuit with a competitor, you should focus on running your business, and not defending your business in a lawsuit.”

The stakes are high. Potential consequences of unresolved disputes include financial losses, damaged reputations and business closure.

“While these types of issues can seem overwhelming, irritating, and financially draining, there are ways to minimize the difficulties of business disputes and to work to ensure effective and peaceful resolution of misunderstandings and disagreements,” according to Justia, an online legal resource. “While business conflicts can arise from virtually any type of arrangement or element of your entity, certain areas of conflict are more common than others, and it is important for owners to be aware of these potential avenues for disputes so that they can do their best to prevent them.”

One way you can do your best to prevent them is to consider the role of a business attorney. A business attorney not only will handle the litigation but also will serve as a proactive partner in keeping disputes at bay.

“…there is an emerging focus on the use of collaborative practices to avoid the courtroom altogether,” according to Justia. “Parties involved in this approach can retain the use of lawyers who specialize in a collaborative focus and will work with the parties to encourage negotiation and settlement, rather than adversarial litigation. Collaborative practice often works well in disputes arising between parties who have had a long and productive business relationship.”

Common types of business disputes in South Florida

As mentioned above, certain areas of conflict are more common than others. Among them are breach of contract, partnership and shareholder disputes, and intellectual-property disputes.

• Breach of contract: By definition, breach of contract occurs when a party violates the terms and conditions of a binding agreement. The breach generally falls into four categories – minor (a late payment), material (failure to deliver), actual (a party refuses to perform) and anticipatory (a party states it will be unable to perform) – and often involves vendor disputes and real-estate disagreements. “A contract is binding and will hold weight if taken to court,” Investopedia “If it can be proved that a contract was breached, the remedy would generally be to give the victim what they were initially promised.”
• Partnership and shareholder disputes: Conflicts can arise between business owners and escalate quickly. Here are some words of wisdom to that end from YourStory, a blog composed by and for entrepreneurs: “Just like any other relationship, a business relationship too has its fair share of ups and downs. No matter how strong your relationship is with your business partner, disputes are bound to arise sooner or later. When business partners are disputing, their quarrels tend to disrupt the daily goings-on of their organization. If they are not careful about keeping their disputes between themselves, it can result in the failure of their organization. Conflicts between partners aren’t restricted to businesses that aren’t doing well; partners of even the most successful businesses tend to bicker every now and then.”
• Intellectual-property disputes: The importance of protecting trademarks, copyrights and trade secrets in a competitive market like South Florida is a critical element in business success. Intellectual property is one of the most revered, make-or-break aspects of a company. “Intellectual property infringement is when an unauthorized party infringes upon the IP holder’s exclusive license to exploit the intellectual property,” Thomson Reuters states in “A guide to intellectual property litigation.” “Intellectual property infringement is a serious threat to a company’s livelihood. One of the most valuable services that a law firm provides to its clients is to ensure their IP is fully protected and when necessary, go to court to defend their IP from infringers.”

How an attorney can save your company

Prevention is key, and an attorney can help draft clear contracts, agreements and policies to minimize disputes. Again, an attorney can be a proactive partner in keeping disputes at bay. Also key is early intervention. At the very first sign of trouble, business owners should seek counsel to prevent a dispute from snowballing. Thirdly, negotiation and mediation are key as well. Your Rodriguez-Albizu Law attorney skillfully can negotiate a settlement or facilitate a judge to mediate proceedings so an amicable resolution is reached. The last resort is litigation. Why? Because even though it is necessary in some cases, litigation is costly, time consuming, and you will likely not be in control of the outcome.

“As noted, business disputes are common,” Thomson Reuters states in “Alternative dispute resolution: What are my options?” “Using litigation as your only tool to resolve such problems can lead to big expense, mixed results, and acrimony both with the other side – who may also be an important customer or vendor – and internally, especially when things do not turn out as expected. And adverse results are always possible when your fate is put into the hands of a jury. There are times when you have no choice but to litigate, but there are many forms of ADR available that can lead to faster, less expensive resolution and better results.”

Specific benefits for South Florida businesses

Rodriguez-Albizu Law’s knowledge of local laws and courts is vast and vital. The team understands the nuances of state statutes and the legal system, giving you an advantage with your case. Add in the fact that the firm’s well-honed connections and longstanding resources can be leveraged to find expert witnesses, and your case automatically is strengthened.

Here are some proactive steps you can take to minimize the risk of litigation and maximize the value of legal representation:

• Review contracts – all of them
• Consult an attorney for a legal checkup
• Seek immediate aid if you are facing a dispute

Contact Rodriguez-Albizu Law at 561-953-9630 in Palm Beach County, 772-261-5080 on the Treasure Coast or via email for a free consultation.