Breach of Contract 101
A breach of contract dispute or action is a legal process in which a party seeks for a court to enforce the terms of a business contract. This could be in terms of forcing one party to do something or in compensating the other party financially for the damages caused by the breach. So, a contract dispute may be filed as an action. In fact, most commonly, business contract disputes are request or petitions filed with a court system, or even cases and suits filed and pending in a court that involve a contract. The best way to understand when and how contract actions work to resolve a breach of contract, is to first take time to understand what a breach of contract is and how the breach occurs.
A breach of contract is an event that occurs when either party to a legally enforceable agreement fails to perform as required under the agreement , or breaches the agreement. A breach of contract could be intentional or unintentional. It could be due to omission, commission, negligence, disregard even or a combination of all of these items.
A breach of contract can take many different forms. For example, an owner required to make a payment for a service by an agreed upon time, but has not done so, has committed a breach of contract. A worker performing services in a negligent manner, could also commit a breach of contract. Regardless of the form, a breach of contract, sometimes it may even be labeled or considered a material breach, which is essentially a breach that is such that it excuses the aggrieved party from performance under the contract. Or, the aggrieved party may not be excused from performance under the contract, but, may recover damages.
The Importance of a Specialized Attorney
An attorney who specializes in breach of contract cases is crucial because these legal disputes can involve a number of complex issues. A breach of contract occurs when one of the parties does not uphold their end of the deal, and in many cases, this can result in serious business problems and a loss of revenue. The issues that can arise from a breach of contract may go beyond the specific terms of the contract. Depending on what type of contract it is, contractual obligations can lead to liability issues and disputes over funds.
A breach of contract can be a significant issue for any business, and it is important for those that have faced such a situation to hire a lawyer skilled in effective negotiation and trial strategies on their behalf. In some cases, complicated legal and financial issues may arise that need to be investigated and resolved appropriately.
The goal for any client is to mitigate losses and avoid issues that will result in the greatest negative impact to their business. Litigation in California can involve serious time and costs for everyone involved, and an attorney that understands the financial records, how to find the truth, and how to properly represent the needs of his client can be invaluable.
How to Find the Right Attorney Near You
Experience – This is a big one. Finding a lawyer in your area who has actual experience in assisting clients with breach of contract disputes will make all the difference. Some lawyers want to help you through this issue as requested, others want to litigate it to death and run up your billable hours, and others want nothing to do with it. Knowing what you are looking for can be a major help when you start working. Of course, you will want the lawyer to have some experience in litigation and the development of the law. However, more important than the years of practice may be their work in the last year or two and if they have worked on any high profile matters in the area. You will want to be able to trust in your attorney to have a good sense of the state of the law, likely outcome for your case, and potentially as valuable is the strategy to move the case forward with minimal impact to your company and its bottom line.
Reputation – Reputation is hard to measure, but finding an attorney with a solid reputation in the community will help your case before it begins. We have talked about reputation here and how to measure the reputation of a lawyer in your area.
Client Reviews – You are going to want to get information from others who have similar cases. This means client reviews are critical. Local bar associations, including state and city, can be helpful in narrowing down your search for a local attorney. The local bar association serves several purposes including assisting in the retention of members in good standing, providing for the discipline of members who violate the professional rules of conduct, and maintaining a list of trusted local lawyers. Your state bar association can be a helpful resource when finding a local lawyer. You may also want to check online reviews, such as Avvo, to see what other clients thought of the representation they received. Potential clients also may discuss their experiences with lawyers on platforms such as Angie’s List, Yelp, or Twitter.
Accessibility – If you select the wrong lawyer, there may be serious consequences associated with your breach of contract case. As such, you will want your attorney to not only have the knowledge and experience needed to best represent you and your business, but you will also want your attorney to be accessible so that when you have questions or need to talk with them, you can.
What to Look for During Your First Consultation
Your initial consultation with a breach of contract lawyer can be one of the most important meetings of your life. Whether you’re looking to sue, or you’re on the receiving end of a lawsuit (perhaps for breach of contract), you want to know that you’re headed down the right path. Your first meeting should involve a discussion about your case and what happens next.
Your lawyer will want to talk about the details of your case. What happened, who was involved, and how is the contract related to the claim? Were any breaches committed? What do you seek to gain from pursuing the case? Having as much information on hand helps the lawyer prepare for your case.
Every lawyer approaches a case differently. Some will sit down and lay out exactly what the case will look like , step by step. Others offer a more vague outline. During your consultation, you can ask the lawyer if they have a plan of action for the case. If they don’t seem to have one, that’s certainly your right to ask about.
The third major aspect you should expect is a discussion about fees. Fees for a breach of contract lawyer can vary based on their experience level and the complexity of the case. Any experienced lawyer will review fees thoroughly during this initial consultation, and provide you with a written fee agreement. Do not leave without a written fee agreement, as this protects both you and the lawyer. It’s true that there are no guarantees in life—and lawyers are no exception—but you don’t want to get blindsided about money when you’ve invested a great deal of time and money already.
People, Places and Legal Resources Near You
It is essential to utilize local legal resources to help you solve your breach of contract issues. If you work with a lawyer who is not from the area where the litigation takes place, they may be unfamiliar with the local court rules and standards of judges and magistrates, and may not have other local knowledge essential for effective representation. This could mean choosing a lawyer that is next door may be more effective than choosing one from 3000 miles away. There are also local law firms that serve particular localities.
Finding a breach of contract attorney in your area can be accomplished through the use of online attorney directories that let you search by practice area, which in this case is "breach of contract litigation." You can narrow your search down by location as well. Just because someone has the technical knowledge of breach of contract law (which you can find from a directory, their profile and website or blog) doesn’t mean they are necessarily your best choice for a number of reasons.
Legal aid organizations and pro bono services are typically located in large cities. These centers are designed to provide assistance to low-income individuals and families. Legal aid resources may also be available in rural areas, but are typically offered through local bar associations, volunteer lawyers or other programs. Pro bono attorneys often charge fees on a sliding scale, depending upon the person’s ability to pay.
Local support systems for people with legal problems like breach of contract include lawyers who are licensed in neighboring states and provide legal counsel at a discounted rate or free. Law schools in larger cities frequently offer legal clinics that provide legal assistance to the public. Consultation with an attorney at a law clinic may be less expensive than consulting a private lawyer.
Commonly Seen Problems in Breach of Contract Matters
Common Problems in Breach of Contract Cases
An issue we frequently run into is an individual or business has a contract with another entity, say a vendor or a customer, and the other side just fails to perform under the contract. The form of the contract may be a written contract, or less formally, may be an oral contract. This could be a vendor who is not providing goods or services under a contract, or a customer who is refusing to pay for delivered goods and services. This can be a serious issue for a business trying to meet its own obligations to others.
Litigation extremes are generally not what anyone wants to pursue if they can avoid it . So a business or individual may try to solve the breach without a lawsuit, and the other side just does not come through with satisfaction.
This is what makes litigation necessary, but of course there is a cost to any lawsuit. That is why it is important to consult with a skilled attorney early in the process. There is often an opportunity to resolve the dispute without trial, though litigation may be necessary to obtain the other side’s compliance or to collect compensation for damages caused by the breach. The good news is that even if litigation becomes necessary, many times issues can be resolved without a trial, through negotiations and/or mediations.
+ There are no comments
Add yours