Commercial Litigation

A small business typically cannot budget for extensive litigation. Accordingly, it is important for smaill businesses to take preventative measures, including the use of well-drafted agreements and seeking professional advice before making various business decisions. 

Further, disputes can often be resolved without litigation, through negotiation and compromise. 

However, there will be occasion when litigation cannot be avoided. In such event, although very few cases actually go to trial, in order to secure the best possible resolution, a litigant must be willing to go to trial and must convince the other party of such willingness. 

If your business is served with suit, certain business entities, such as corporations, must be represented by counsel, in Florida, unless in small claims court. 

Also, a timely response to the Court is required to avoid a default. A default results in a determination in the other party’s favor simply because a response was not timely filed, regardless of whether such claim is justified. A default will also occur for the failure to attend a Court ordered appearance, such as in a small claims matter. 

Accordingly, if you have not done so previously, legal advice should be sought as soon as possible once a business dispute arises.