Category Archives: Business Disputes
If you’re a business executive, you’ve probably debated whether you need a business lawyer. You shouldn’t wait until you’re hit with a lawsuit to consult with one.
An attorney can provide guidance on many aspects of business, from drafting contracts to showing you how to dissolve an LLC in Florida.
Factors to Consider Before Hiring a Business Attorney
The size of your business is a good indicator of whether an attorney’s services will be necessary. The bigger it grows, the more legal challenges you will face. A lawyer helps you navigate them while you focus on your core business.
A law firm’s size also determines how useful it will be to you. A bigger practice can handle your interests over a larger jurisdiction, ie. several states. It will also probably charge you more in legal fees. Often times, a smaller law practice can handle most of your business needs, provide you with more individualized attention, and will charge less in legal fees.
The other factor to consider is the attorney’s field of specialization. Although a business lawyer is already practicing in a niche market, the business world is still vast. Depending on your needs, there are lawyers who specialize in advising startups, drafting and disputing contracts, and mergers & acquisitions.
A lawyer also comes in handy if you’re looking to either form or dissolve an LLC in Florida.
Why Your LLC Needs Legal Guidance
Although attorneys usually charge a one-time flat fee for forming limited liability companies, you’ll probably need them for other services. These include:
- Amending a partnership or LLC operating agreement in regards to sharing profits and losses. These special allocations require the input of a lawyer who’s well versed in tax matters.
- Contributing property to an LLC.
- Making acquisitions which require complex regulatory approvals. A good example is a requirement to conform to environmental protection laws. These are capable of stalling your operations for years, or even preventing growth altogether.
- Handling threats of lawsuits from disgruntled employees, partners, and other stakeholders. Even though these might be baseless, the resources needed to tackle them might impact your bottom line negatively.
Experienced business attorneys try their best to avoid costly lawsuits. Unlike criminal lawyers who enjoy courtroom battles, they prefer to settle things before they snowball. Your business lawyer will readily represent you in a court of law, but only after exhausting more diplomatic options.
Understanding Attorney Fees
Attorney fees depend on the particular issue being addressed. While forming a company might attract a flat fee, it might cost you more to dissolve an LLC in Florida. You might also have to regularly consult your lawyer to clarify some confusing business regulations.
To better control expenses, it makes sense to understand how attorneys charge their fees. These methods include:
- Flat fees for one-off, routine matters such as drafting contracts.
- Hourly rates. Also known as per diem, you pay an amount your attorney feels is commensurate to the value time offered. Some charge per day for longer engagements.
- Monthly retainer. This makes sense if you regularly contact your attorney for legal advice. Instead of being billed per call, you’ll pay a fixed, convenient monthly fee.
- Contingent fee. This is applicable to complex issues such as lawsuits, mergers & acquisitions or any deal in which the stakes are high. The lawyer is guaranteed a cut of the proceeds, or out-of-pocket expenses if the intended result isn’t realized.
This fee ranges from 25% to 40%. It’s preferable because you have common interests, which motivate your business attorney to win.
These billing methods are not cast in stone. You may have to come up with a payment plan which suits your needs as a company. This is detailed in an agreement known as an engagement letter.
Do You Need a Professional Business Attorney in Jacksonville?
Our practice is known for its vast experience and expertise in business-related matters. Whether you’re looking to begin a fruitful partnership or dissolve an LLC in Florida, we’re best placed to guide you. Contact us today for more information on our full range of services.
Business dissolution is a radical step that can be taken during a lawsuit or performance of a mediated settlement agreement. When a business is dissolved, it legally ceases to exist. It may be necessary to dissolve a business if its debts or legal liabilities become too serious to bear.
Just because a business has been dissolved, it does not mean that all of its equipment and other capital assets become useless. The dissolution of a business includes the disposal of its assets, which may allow principals of the dissolved business to retain control of items or profit from their sale.
Likewise, the client relationships, expertise, and other key intangibles of a dissolved business do not just go away. However, under the right circumstances, pending litigation and other actions against the business are terminated. This makes dissolution an attractive option in some cases.
How Does Business Dissolution Work in Florida?
The law dictates several steps that must be undertaken before a business can be dissolved.
Some of these include:
- Holding an official vote to close the business, in the case of partnerships or corporations
- Dissolving your business with the government by serving appropriate notice to the state
- Canceling all relevant permits, licenses, and “Doing Business As” names by a given date
- Paying off taxes and debts or making other appropriate arrangements concerning them
- Notifying all stakeholders, including creditors, customers, and your entire workforce
Some of these steps can be undertaken through SunBiz, the online servicing agent for businesses in the state of Florida. However, many of them are multi-step procedures that must be carried out through certified mail or other means that can be quite time-consuming.
All of these steps become even more urgent when they are undertaken in conjunction with a legal settlement or in relation to pending litigation. It’s necessary not only to take action quickly, but lay the foundation to protect your interests as you move forward in your business life.
Making Business Dissolution Easier for Florida Clients
Executives and investors rarely have time in their schedule to manage all the steps involved in business dissolution, especially when they must balance other legal concerns at the same time.
Business dissolution may seem extreme, but it is a responsible and definitive way to resolve certain business disputes. To make that process truly successful, it is essential to ensure all assets, liabilities, and questions are addressed. This is especially true if bankruptcy is a factor.
With years of experience helping clients untangle thorny dispute resolution issues here in the Sunshine State, my philosophy is to provide expert advice and process management that allows my clients to make informed decisions. You can confidently leave day-to-day details to me.
To find out more or get started, contact me today. I look forward to discussing your situation and how I can help you achieve peace of mind.
It’s crucial to have a business dispute attorney by your side.
Business transactions occur daily in Jacksonville and around the globe. While most of these transactions proceed smoothly and the parties involved are satisfied, what happens when a dispute arises? Most business disputes involve disagreements between two or more persons or companies regarding the terms of a written or verbal agreement, such as a party refusing to pay for goods or services it received. Most business disputes involve monetary claims, but can also involve non-monetary claims, such as injunctions. Business claims may even be equitable in nature, such as when a party fails to pay for good or services it knowingly received and benefitted from.
Business disputes can be complicated. This is because they may be written, verbal, or a combination thereof, and involve large sums of money. For example, if you made an agreement with a supplier to deliver goods and they don’t fulfill their end of the bargain, you may end up incurring substantial losses. But are you entitled to recover your attorneys’ fees? It depends, sometimes upon the terms of a written agreement. In some instances, attorneys’ fees may be recovered pursuant to statutory entitlement. Under Florida law, some types of agreements must be in writing to be enforceable, such as a guaranty, or a lease exceeding one year in duration.
This is why it’s crucial to have a business dispute attorney by your side in Jacksonville. At McCorvey Law and Mediation, we can help you address complex contractual and non-contractual disputes while keeping your best interests in mind.
Types of Business Disputes
Business disputes take on many different forms. Parties to an agreement may have failed to deliver on what they promised, such as payment for goods or services, or repayment of monies loaned.
While most business disputes occur from one business to another, such disagreements may also happen between business partners. There are also those disputes that arise between the company and its customers, or the company and its suppliers.
Some of the most common types of business disputes include:
Contracts may be written or verbal. A written contract is a legally enforceable document signed between two or more parties. A breach of contract in businesses commonly occurs when a supplier fails to deliver goods on time, or when a company fails to pay the supplier for goods delivered.
All specific provisions in the contact should be performed or complied with. If not, the agrieved party can initiate a claim against the breaching party.
Business disputes also arise in cases of underperformance. Underperformance refers to technically meeting the conditions of a contract while falling short of any quality standards that were agreed upon. For example, suppliers who deliver damaged goods to your business may be liable for underperformance.
Many businesses sell goods with an implied warranty, which means that there’s a certain quality expectation for the products sold. Any products that don’t meet these standards, or end up harming the consumer, may result in a dispute.
Business disputes also arise when current or former owners fail to agree on how company assets will be distributed. These disagreements may occur when the business is being terminated, or when debts are being settled using company assets. Owners may fail to agree on equity distribution and other business-related issues.
Why you should seek the services of a Business Dispute Attorney
If you’re planning to take legal action on a business dispute, or a claim has already been filed against you, seeking legal representation is critical. Business disputes can be quite costly, regardless of who initiated legal action. A business dispute attorney in Jacksonville can help you decide on the best approach to resolving such disagreements.
At McCorvey Law and Mediation, we help our clients resolve business disputes in many different ways. When appropriate, we may demand arbitration between you and the other party to resolve the business dispute. Arbitration is an out of court process that may enable you to save on costs during the dispute.
We may also propose mediation so that both parties can negotiate a reasonable settlement. And if necessary, we will support you in pursuing litigation by zealously advocating on your behalf in court. Consult McCorvey Law and Mediation for your business dispute needs today.
In the world of business, facing disputes is almost inevitable at some point in time. Disputes can arise due to a whole host of reasons, including employee relations, partnerships with other businesses and contracts with
vendors. As a result, if you own a business, it’s best to understand your options for handling such disputes before they come about. You may think that litigation is the first course of action, but there are actually a number of other options to consider, including:
Negotiation
Instead of jumping straight to litigation, you might try to negotiate with the other party. Depending on your skills as a negotiator, you may be able to handle this process on your own; however, if you are not a strong negotiator, it would be best to involve someone who is up to the task. As with any negotiation, the goal is to bring about the best outcome for all parties involved. Essentially, you will need to be willing to give into some of the demands from the other party, but you will also benefit from having some of your own demands met in return. If negotiation fails, you might consider mediation.
Mediation
Mediation is basically negotiating with the assistance of an independent third party. The mediator acts as the person who can help the disputing parties to find common ground and bring about a fair resolution. Unlike a judge in a business litigation case, the mediator does not have control over the outcome. Instead, he or she guides the parties in bringing about a fair result without taking the case to court. If mediation fails or is not a viable option, you may then want to consider arbitration.
Arbitration
In arbitration, both parties in the dispute present their facts as if in a courtroom, and an arbiter makes the final decision as to the resolution of the dispute. Each party agrees to be legally bound by the arbiter’s decision, and the arbiter is typically going to be someone with a legal background. The process is more formal than mediation or negotiation. If arbitration fails, the next step, and often last resort, is litigation.
Litigation
Litigation occurs when parties seek to have their grievances addressed in court. In other words, it’s where one party sues the other. While this is often recommended as a last resort due to the time, energy and resources it requires, it can be very beneficial when you have a qualified, competent law firm on your side. It’s also worth noting that, in some states, you may be required to attempt mediation or arbitration before you are allowed to bring your case before a judge.
To find out what your state requires to bring your case to court, contact a qualified law firm like McCorvey Law & Mediation before taking any further action. By seeking out an attorney who specializes in business disputes first, you will often have the best chance of obtaining the most favorable outcome.
In the world of business, facing disputes is almost inevitable at some point in time. Disputes can arise due to a whole host of reasons, including employee relations, partnerships with other businesses and contracts with
vendors. As a result, if you own a business, it’s best to understand your options for handling such disputes before they come about. You may think that litigation is the first course of action, but there are actually a number of other options to consider, including:
Negotiation
Instead of jumping straight to litigation, you might try to negotiate with the other party. Depending on your skills as a negotiator, you may be able to handle this process on your own; however, if you are not a strong negotiator, it would be best to involve someone who is up to the task. As with any negotiation, the goal is to bring about the best outcome for all parties involved. Essentially, you will need to be willing to give into some of the demands from the other party, but you will also benefit from having some of your own demands met in return. If negotiation fails, you might consider mediation.
Mediation
Mediation is basically negotiating with the assistance of an independent third party. The mediator acts as the person who can help the disputing parties to find common ground and bring about a fair resolution. Unlike a judge in a business litigation case, the mediator does not have control over the outcome. Instead, he or she guides the parties in bringing about a fair result without taking the case to court. If mediation fails or is not a viable option, you may then want to consider arbitration.
Arbitration
In arbitration, both parties in the dispute present their facts as if in a courtroom, and an arbiter makes the final decision as to the resolution of the dispute. Each party agrees to be legally bound by the arbiter’s decision, and the arbiter is typically going to be someone with a legal background. The process is more formal than mediation or negotiation. If arbitration fails, the next step, and often last resort, is litigation.
Litigation
Litigation occurs when parties seek to have their grievances addressed in court. In other words, it’s where one party sues the other. While this is often recommended as a last resort due to the time, energy and resources it requires, it can be very beneficial when you have a qualified, competent law firm on your side. It’s also worth noting that, in some states, you may be required to attempt mediation or arbitration before you are allowed to bring your case before a judge.
To find out what your state requires to bring your case to court, contact a qualified law firm like McCorvey Law & Mediation before taking any further action. By seeking out an attorney who specializes in business disputes first, you will often have the best chance of obtaining the most favorable outcome.
