Have a Question About Your Prospective Lawsuit? Read the Answers Here
In this series of FAQs, Dallas/Fort Worth lawyer Jim Zadeh explains what you need to know about your employment law, denial of insurance, personal injury, commercial litigation, or workplace injury lawsuit.
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Important things to look for when reviewing a simple contract?
It is important that the contract contain the essential terms of the agreement, including the "who, what, when, where, and why" of the agreement.
Some of the "little things" to watch out for are which state law applies, whether there is a required venue for any dispute between the parties to the contract, whether a prevailing party in a dispute is entitled to attorney's fees and if there is an arbitration agreement. These little things can suddenly become big things if a dispute arises.
Contracts are binding agreements and are usually enforceable as written under Texas law. Each clause typically has a specific meaning and purpose and you should have a lawyer review the agreement.
Is Bad Publicity, A Reason To Settle With Business Partners?
Probably not, but only an experienced Dallas commercial litigation lawyer can tell you for sure.
The fact is that, if your partner has threatened to take you to court once, he will probably do so again, even if you “settle up” with him this time to keep things quiet. If, in fact, your partner has fabricated his allegations out of whole cloth, this would make him no better than a blackmailer—and blackmailers have a reputation for not being satisfied with one-time payments.
This point may be moot, however. If your partner has gone so far as to have papers drawn up against you (and, essentially, your company), you will have no choice but to hire a lawyer who can meet this threat head-on. Even if the case never actually winds up in court, your attorney can help to arbitrate the dispute, usually in a way that prevents your disgruntled partner from ever bringing up the matter again (say, a signed, legally binding document spelling out the resulting settlement).
What happens if your partner refuses to settle, and the case does wind up in court? Well, then your business practices will be a matter of public record, which could very well damage the reputation of your company. However, if right is on your side, and you are absolutely sure that you did not cheat your partner in any way, a court trial may be the only way to vindicate your reputation and the reputation of your firm.
Are you a business owner in the Dallas–Ft. Worth area who is being sued by (or is thinking of suing) one of your partners? Contact Jim Zadeh today at 888-713-5418 to find out what he can do for you!