Improve your legal position in business disputes
Optimise your position when business disputes and litigation arise
- Bring clarity to your approach to handle disputes
- Better control where disputes are headed, and assess likely outcomes
- Reduce your weaknesses with shrewd planning
- Get options for better decision making
Behind every legal dispute is a business problem.
If you find yourself in a dispute, you should know what you are entitled to, your exposure to risk, and what the complications down the line may be.
We can support businesses handle disputes when:
- a contracting partner is not keeping to the terms of a contract, and is taking liberties
- a party has complained about a breach of contract, and looks to do something about it. There is a risk that the dispute may move to a phase where there is no turning back
- another business:
- is behaving in a way which does not seem quite right,
- makes excuses for not playing by the rules, or
- what they say does not match what they are doing
- a business threatens:
- to terminate your contract or
- has told you they are terminating,
and has taken you by surprise
- you receive a legal claim from out of the blue and catches you off-guard
- someone uses your intellectual property without your permission
- you’ve been betrayed by a business partner and trust has vanished
- someone has done something – or has made a serious and credible threat to do something - that can cripple your business or cause serious damage in the immediate future - in days, not weeks.
It can happen in any number of ways.
What do you do?
You may be asking whether you have done anything wrong. Even if you have not, what do you do about it? It may not seem right that that they are allowed to do what they are doing. It's so easy to make a mess of a dispute and compromise your position.
Contractual relationships, things that have happened in the past, and the general law all affect your legal position. There is a lot to know, to know what to do when you're confronted with a serious dispute.
What step should you take? What's you best move. Silly mistakes can come back to haunt you. They cause problems later, and can make your legal rights harder to pursue and more difficult to defend your position.
For these reasons, it is important to understand the implications of one plan or another. At an early stage. Events can unravel quickly. Those events can change the nature of the legal rights and solutions available.
If you don't really know your legal position, you probably need to get to a place where you do.
Improve your Legal Position
Applied knowledge and focus on what is legally relevant can get you to where to need to be to make informed decisions to steer your business.
You can move to a place where you know what your best legal position is and how you can get there. You can set up fall-back positions if things do not work out as you would like.
Different disputes call for different approaches. Your ability to control of your business depends upon what has happened before now, and what happens next.
When the clock is ticking and you’re no closer to where you need to be is frustrating. Some behaviour can be difficult to take lying down. Sometimes it is a matter of being seen to be tough enough to take it on and put your foot down. The way you handle it may reflect on your reputation in the market, professional pride, and what other customers make of the way you handle it.
Other times it is a matter of calling a bluff and taking the fight to them. Show you are no pushover. Others situations call for a more guarded approach. Draw out their position and take steps to improve your position. Take countermeasures so that if it does blow up, you're in a better position. On other occasions, you might really need to think outside the box.
Have more of a handle of steering the dispute in the direction you want it to go.
You can have a higher level of certainty and know the risk factors. You can do this when you have:
- a clear understanding of your legal position - whether the claim is solid, flaky or somewhere in between
- an assessment of the seriousness and imminent danger of legal threats turning into action
- clarity of the legal process, and what usually must - or should - happen before things kick off seriously for your type of dispute to preserve your best position
- avoided ambiguity on the important legal questions
- focus on what is important to be successful (and ignoring what is not)
- the criterion which apply to prove your legal claims
- knowledge of the deficiencies of the other side's case
- a better understanding of the value of the legal claim
- a clear plan of action with known options to take down the road as the situation develops
You can eliminate significant risk for your business when you evaluate the legal situation. Your business finds itself in a position to assess the merits of a course of action or inaction, and know the likely effect of decisions you make now.
Know your Legal Position
When you know your legal position, you can take steps to control the situation. You can make informed decisions that are right for you. Prioritise what needs to be done and know why your chosen path might be the best approach for you.
Know what your options are. Make better decisions for your business. Done correctly, they may concede to your view of the relationship, discourage legal proceedings and resolve the dispute on better terms than those on the table now.
You could also find yourself more in control of what happens next. Depending upon what has happened before now, you could find yourself in better legal position.
Clear Legal Advice you can Understand
We are able to tell you what the realistic outcomes are, and how your dispute might play out. We can break it down in bite-sized chunks so that it's not overwhelming. Understand each of the steps, and why they probably make sense in your situation.
Realise exactly what's going on in the legal context in an uncomplicated format. Decide how you want to position yourself after considering the risk factors. Assess how hard you want to go. Make deliberate decisions to move your business forwards.
This sets you up to move towards your business objectives with purpose.
Prioritise your Business
We recognise that you’ve got a business to run. Many of our clients see us as an occasional extension to their team. As skilled and experienced professionals, you should not need to micromanage your solicitors, or train them on your business.
Our legal expertise can slot into your way of working. Our overseas clients use us because they know that micromanaging solicitors in different time zones just doesn't work. They are comfortable doing so because we keep you informed of what's going on.
Know where you stand in Litigation & Disputes
We are commercial solicitors, with specialist expertise working with businesses with:
- contract disputes, involving:
- failures to deliver services and products
- penalties and forfeitures
- secret commissions
- refusals to perform contractual obligations
- breaches of non-competition agreements
- ending contractual relationships prematurely
- structuring claims for damages
- interests in intellectual property rights and licensing arrangements involving:
- data and software
- service level agreements
- infringement claims and defences
- breaches of licences
- misuse of super-sensitive confidential information
- interim injunctions
- business relationship melt downs, such as shareholders disputes, joint ventures and business partnerships
We have advised businesses in a whole host of industries such as information technology service providers, financial services, film, telecommunications, aerospace. military and defence industries, manufacturing, automotive, banking, utilities, mobile telecommunications, travel and leisure, insurance, oil and gas, retail and mining.
There's not many industries where we have not assisted business consolidate their position.
We create options, achieve realistic and attainable goals, and provide guidance to assist decision-making in the commercial context.