It can be difficult figuring out when to talk with a lawyer. Here are two when talking with a lawyer might be advisable.
1. Business Litigation:
From business fraud to business owner disputes, there are countless business litigation scenarios. Here are a few that are common in the business world.
- Contract Litigation: One type of lawsuit in this area is where contracts are breached and promises are not kept. Others are when contracts are procured through fraudulent inducement or material misrepresentation and might be voided, canceled, or rescinded. Either of these lawsuits might give rise to claims for compensatory and sometimes punitive damages. This includes the purchase or the sale of a business and/or some of its assets, or misrepresentations of nondisclosures in a variety of transaction agreements.
- Business Owner Disputes: These can take many forms, whether one owns the business outright or has only a fractional interest. Often a shareholder, a member, or operating agreement issues are implicated. For disputes involving anyone who owns all, or part of a business, an experienced business lawyer should be consulted.
- Business Fraud: Claims of business fraud, deceit, misrepresentation, and other intentional misconduct often arise in business litigation. This typically has to do with an attempt to get more money out of a transaction that is not proper or which is alleged to be improper. When an individual or business is harmed by another party´s fraudulent conduct, the law may require the deceiver not only to repay the damages caused but also may award punitive damages as a punishment. Many laws may be implicated depending on the facts of a given case.
- Franchise Disputes: Franchise agreements are contracts which are often interpreted differently, leading to franchise disputes over their meaning and application as well as other legalities. Franchise disputes may include breach of contract, trademark infringement, copyright infringement, encroachment on rights, restrictive covenants, and/or transfers.
- Misappropriation of Company Property/Trade Secrets: These types of disputes may involve either acquisition or disclosure of company trade secrets or other confidential property.
- Breach of Fiduciary Duty Litigation: These involve a violation of duties owed under the law by officers, employees, directors and/or other company agents, including duties of loyalty, good faith, and prudence.
2. Probate, Estate, and/or Trust Litigation:
Following a relative’s death, their Last Will & Testament will need to be probated or if the relative died without a will, the estate will need to be administered in probate court. There may also be a trust which requires registration.
So, for an heir, beneficiary, executor, administrator, or trustee, countless issues could arise which will require assistance from an experienced lawyer, some of the most common ones are:
- Will contests (Disputes over which will governs)
- How the estate should be distributed
- Who should be executor or administrator
- Lost wills
- Questions about the relative’s testamentary capacity or unsound mind
- Circumstances of undue influence upon the relative
- Circumstances of fraud upon the relative
- Breach of fiduciary duties
- Claims by creditors of the relative
- Surety and bonding matters
- Life insurance claims
- Trust registration
For more information about trust litigation, will contests, or probate disputes, click here.
If anyone is experiencing any of these situations, then a lawyer might be what they need. To discuss any of the above types of claims, please contact my office to learn more or to arrange an appointment.