Business litigation involves defending individuals or companies; an Atlanta business litigation attorney settles trade disputes, on behalf of their clients. They also help individuals who are willing to create their own competing businesses and employees who are changing jobs or work environment. Agreements such as non disclosure and non-compete are carefully reviewed and negotiated to avoid a lawsuit. Examples of business litigation cases involve violation of contracts, class action suits, fraud in businesses, wrongful termination and Qui Tam cases. A class action lawsuit involves more than one complainant whereby the attorney will represent the litigant against complainants in a court.
Construction of contracts usually follows rules that have to be considered enforceable and legal. Business contracts can cause to a lot of disagreements especially in the provisions and wordings of a contract. Therefore, an Atlanta business litigation attorney helps in writing and interpreting such contracts so that they can be enforced. Contracts must at all times appear unambiguous and just for both parties involved. When ambiguity arises an Atlanta business litigation attorney will defend his clients businesses from these erroneous contracts that are biased. This is common in large corporations towards small businesses or employees. When such a need arises, the attorney will defend his client in court after which, the contract will be ruled as unenforceable and fundamentally unfair. Consequently, the attorney will assist in resolving the uncertainty and get the literal meaning of the contract. Words must at all times be interpreted according to their literal meaning. Sometimes, parol evidence is necessary to explain contracts that have been written.
Atlanta business litigation attorney advises their clients not to involve their businesses in one sided contracts to avoid litigation. The best protection that any client can have is to understand the value of their business, their trading partners and customers. In addition, they should be willing to achieve their goals stipulated in the contract. In most cases, there are usually scheduled meetings that businesses organise with their attorneys to discuss these provisions before drafting the contract.
Business fraud occurs when businesses lose their money unfairly. When the Atlanta business litigation attorney notices that there is a breach of a contract, he will send a notice to the accused party explaining the liabilities and damages of both parties. These parties solve such a case through relying on prior agreements, oral representation and written statements. The laws that govern such disputes are applied, and remedies, if applicable are given. In cases such as wrongful termination, the attorney will advise his clients of their rights and whether they breached their contract. They do this before the lawsuit to avoid a protracted litigation process. Consequently, settlement can be done out of court, which saves time and attorney fees.