Monthly Archives: October 2014

3 Things You Should Know About Business Litigation in South Florida: Factors to Consider Before Filing a lawsuit

Business litigation In South Florida

Like most hard working business owners, you’ve likely invested time, energy and money into growing your venture. When a problem arises, whether it’s a contractual dispute with a vendor, trademark infringement, even fraud, protecting your company and your interests is priority one. In Florida, commercial litigation can be challenging, often involving multiple parties and complex issues. But like many discover, business litigation may be the most appropriate way to resolve your dispute. From pre-trial and trial to post judgment proceedings, successful business litigation in South Florida relies not only on experienced representation, but also, an understanding of what it is you are about to begin. If you are considering initiating litigation, here are three things you should know before filing a lawsuit in Florida.

No. 1: The Emotional Component to Business Disputes Is Real- Seek an Honest Appraisal

Your business is your life, and you’d do anything to protect it. With years of hard work, dedication and tenacity, you’ve put heart and soul into building your brand, and you’re emotionally invested. When a dispute arises, it’s often difficult to dismiss the emotional connection and assess the situation objectively. Despite considering facts and applicable law, knowing when to proceed with business litigation in Florida and when to settle can be difficult. Emotionally charged circumstances demand an honest appraisal and the right counsel is critical for making an informed decision.

No. 2: Business Litigation In South Florida Is a Slow, Deliberate Fact-Finding Exercise- Be Prepared to Wait

Even the most well planned, robust business litigation takes time. The trial process was not designed to be swift, but is a slow, deliberate fact-finding exercise. Be prepared to wait and know upfront that business litigation in Florida is a time consuming, lengthy process that can take months, even years to complete. In the state of Florida, in the interest of making certain all materials relevant to the case are reviewed, anything and everything remotely associated is fair game- delays should be anticipated.

No. 3: Responding to Document Requests Is Serious Business-Acquire Experienced Counsel

Regardless of who initiates business litigation in South Florida, both sides have the responsibility to gather and present requested materials and documentation. Responding to document requests is serious business and failing to do so can have devastating consequences. Some attorneys rely on junior associates to collect documents, but if any materials are missing, key information that can impact the case will be lost. In fact, cases have been won and lost on discovery violations related to document production. Acquire counsel who will protect your assets, before, during and after trial with efficient, accurate and timely document production.
Using litigation to successfully resolve a business dispute in South Florida often relies on understanding how the process works and the import of acquiring experienced counsel to help you navigate the complex nature of commercial litigation.

Contact Sherman & Sherman, P.A.
For more information or to schedule an initial consultation, contact us at Sherman & Sherman, P.A. regarding your business needs. Call our Boca Raton office toll free at 855-300-5888 to make an appointment.

Exploring Your Options With a Business Litigation Attorney

business-litigation-attorney-boca-raton

Like most hard working Floridians, your business is your life, and protecting it is your first priority. Yet even with protections in place, no one can prevent disagreements from occurring, and disputes will inevitably arise, necessitating the need for a business litigation attorney. Whether it’s a financial disagreement with a competitor, a partnership dispute or breach of contract, resolving problems takes time and energy many businesses simply don’t have.

While litigation is an option, there are alternatives for resolving disputes that may be more appropriate than the courtroom, and it’s important as a business owner to understand your choices. Whether you choose to pursue litigation, negotiate a settlement or take advantage of professional mediation or arbitration, the right business litigation attorneys in Boca Raton with problem-solving skills and expertise can help.

In the state of Florida, business litigation is controlled by state court rules and litigants typically go through a variety of steps. Pursuing judicial resolution usually involves a pleading and a response, which is essentially your description of complaint to the court, motions, discovery (including deposition and interrogations), pretrial conferences and ultimately, trial. After judgment is made, there may be appeals. And, finally, one has to hope there are assets against which to actually collect on a judgment.

Alternative Dispute Resolution (ADR)
Like the name implies, Alternative Dispute Resolution is an alternative to litigation, involving arbitration and/or mediation. Arbitration is less formal and typically less expensive than going to trial, while mediation tasks a neutral third party with hearing both sides to create a mutually acceptable resolution. Business owners frequently pursue arbitration and mediation to save time and money, avoiding litigation.

Small Claims Court
Small claims court is reserved for relatively minor issues, and for small monetary disputes, can be a practical option. However, the eligibility process differs from jurisdiction to jurisdiction, and what may be appropriate in one area, may not be in another. At present, small claims jurisdiction requires a controversy involving $5,000 or less.

Class Action
Typically in class action, one or more people represent a larger group seeking litigation. The intent behind class action is to bring together a large group of aggrieved litigants, gaining strength in numbers by consolidating many cases into one.

Have a Conversation With a Business Litigation Lawyer
If a disagreement with a business competitor or partner looks as though it may result in litigation, it makes sense to secure an experienced, proven business litigator. Sound advice and guidance through a complex decision making process is important. At Sherman and Sherman, we understand business litigation and with demonstrated problem-solving skills and a wide range of options on the table, we can help you identify the most effective solution quickly and efficiently. Generally, there is no charge for an initial consultation.