This is a common question, and one that gets asked frequently because clients need a level of certainty during a stressful and uncertain situation. The answer depends on your case’s specifics, but that doesn’t mean you can’t have some clarity during this emotional time. When a client approaches us and asks how strong their case is, or what their chances are at trial, we have a series of questions we ask. Let’s go over what these questions are.
Violating an Agreement
Business partnerships and relationships can erode over time in the same way a marriage can. A simple disagreement can cause animosity and turmoil. For instance, imagine that you have a business relationship with a third-party vendor. You have an agreement in place that you feel has been violated. One of the first questions pertains to how the deal was documented. Was it written? Spoken? Part oral and part written? Was it done through a text? Is there some sort of memorandum of understanding (“MOU”)?
Although oral agreements are generally enforceable, they require a different approach when enforcing them than a well-drafted, signed, written agreement.
The Proof You Need
Take the scenario above one step further. A legal and well-written contract can be the backbone of your case, which is why it is so important to have one. If you don’t, begin to look for other ways in which you can prove there was a “meeting of the minds” and that the other party failed to live up to their obligations. Given this set of circumstances, we would want to know if other witnesses can corroborate your claim. Furthermore, are these witnesses available to testify on your behalf?
Even when it comes to oral agreements, there can be significant pieces of evidence that support your case. Your attorney will want to review emails and text messages and examine bank records and any other documents that may speak to the deal you had, and to determine what evidence is admissible at trial. During this investigative process it is also paramount to locate, acknowledge, and identify any witnesses or evidence contradicting you.
What happened as a result of the other party violating the agreement? Typically, a business should seek out the assistance of a business litigation and trial attorney when they have suffered financial losses, or their reputation and brand have been diminished due to the actions of someone else.
When you meet with your attorney, they will also explain how the law applies to your situation, what problems and hurdles may be anticipated during litigation, and whether the law is generally on your side. Beyond the law, there is also a human element to consider. Juries are still made up of people, and it is always possible that a victim may not be well received by a jury—even if they are right. Juries reward people they like, trust and want to help.
Foldenauer Law Group, APLC
Regardless of your answers to any of these questions, the attorneys at the Foldenauer Law Group, APLC, have ways of working toward the resolution you need. These are the types of questions we ask our clients before we can give a reasonable response to the question of how strong their case is. To speak with a business litigation attorney about a legal issue you face, contact us today to schedule a consultation.