Contract Law Attorney Referral Service
In the San Fernando Valley, and indeed elsewhere in California, businesses often deal with contracts involving customers, suppliers, investors, shareholders and employees. Contracts are important for businesses because they bind people who sign them, and provide rights and obligations that they can later enforce in court, following the relevant contract law.
What is contract law?
Contract law refers to the branch of law that governs verbal and written agreements between two or more persons or entities. While parties are generally free to stipulate their own terms and conditions binding one another, contract law provides limits and exceptions as well as remedies in cases where disputes arise between the parties.
Problems can arise in the interpretation and implementation of a contract such as when one party violates a condition in the agreement, defaults in his obligation or maintains a different understanding of specific provisions in the contract. Unresolved issues can lead to business litigation where the court decides based on the relevant provision of law and case law.
What type of contract would need a business litigation attorney?
Ideally, all types of agreements creating obligations for you and your business must undergo legal review before execution or signing. Your business litigation attorney is aware of the usual causes of contractual disputes that lead to civil suits, the type of evidence to win a case and how to avoid it by preparing air-tight contracts before any litigation can arise.
You may need a business litigation lawyer for:
- Shareholder agreements
- Sale and purchase agreements
- Partnership contracts
- Joint venture agreements
- Mergers and acquisitions
- Securities purchase agreements
- Loan and security agreements
- Personal guarantees
- Marketing and distribution contracts
- Licensing and royalty contracts
- Franchise contracts
- Commercial lease agreements
- Real estate purchases/sale agreements
- Independent contractor agreements
- Supplier agreements
- Employment contracts
- Indemnification agreements
See also: Contract Litigation
How would an attorney help benefit a small business owner with a contract?
Understand the language: Contracts often contain legal terms that are not readily understood by business people. While it’s possible to draft agreements in clear language, many provisions on payment, default or breach, warranties and other essential conditions are better off written in legal terms that conform to contract law.
A lawyer can help by drafting agreements and incorporating legal provisions that suit your purposes while providing adequate protection of your interests. An attorney can also provide legal opinion on the proper interpretation of contract provisions in order to minimize future litigation.
Negotiate out of court: At the early stage of a dispute arising from contracts, parties are allowed and encouraged to discuss and negotiate with one another in order to reach an amicable solution without resorting to court processes.
Your business lawyer can help by negotiating on your behalf and ensuring that your interests are protected. He or she can also prepare amendments or new agreements arising out of these negotiations.
Enforce agreements: When a contractual dispute cannot be settled out of court, you have the option to file a case against the other contracting party and have the court issue the appropriate orders in your favor. A business litigation attorney can help you sort the legal issues, determine the appropriate remedy for them and represent you in court.
Raise legal defenses: If you’re being sued on the basis of a contract, your lawyer can raise legal defenses that can extinguish or minimize liabilities. These defenses may have to do with the absence of defect in one or some of the essential elements of a contract.
Your attorney may raise the defense of:
- Invalid contract
- Undue influence, duress, force, intimidation or coercion in obtaining the consent of one party
- Contracts that are illegal, contrary to morals or public policy
We can help you find the right Contract Law attorney today. Contact us online or give us a call at 818-340-4529, and the ARS representatives will put you in touch with an experienced contract law attorney in your area based on your case and needs.
Let us know if you’re an attorney interested in becoming a member of the SFVBA’s Attorney Referral Service.