Business Law - Litigation Should Be a Last Option

"Discourgage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good [person]. There will still be business enough." - Abraham Lincoln, Notes for a Law Lecture.
"I was never but twice; once when I lost a lawsuit and once when I won one." - Voltaire

It is an unfortunate reality that in today's business world, litigation is a fact of life. It is also a fact that most lawsuits are initiated against other businesses.

This means that you - as a business owner - will face the choice of filing suit to protect your business interests or your business will be sued by another business. There are a number of factors in determining which lawyer you should hire to represent your interests.

The experience of your lawyer should be a major factor in making this decision. Not every lawyer has the experience you may need to best serve your interests.

The litigation process is an important part of our democratic process, but anyone who does business in the rest of the world will quickly explain that it is our judicial process which gives stability to our capitalistic system of business. The judicial system of our country can and does work.

There are some observations that we share with all of our clients before they become involved in any lawsuit:

  • Generally speaking, litigation is not good business. It is expensive and time consuming, and the result is definitely uncertain. It consumes your time, energy, resources and money that could be spent in further developing your business.

  • Most every civil lawsuit settles before or during trial.

  • There are no guaranties in any lawsuit.

Although we advocate an aggressive litigation approach for our clients since strength deters frivolous claims and litigation tactics, we also know that our clients are well served by attempting to settle their disputes as soon as possible. It is in everyone's best interests to settle disputes early in the process. This will save resources. That is why we encourage our clients to constantly explore the possibility of an alternative dispute resolution process to settle the case through mediation. It may not always be possible to settle the case early, if at all, for a number of reasons. People sometimes have unreasonable expectations or the parties have been able to get to the stage emotionally where settlement is possible. That is why we have the litigation process. But, we should litigate with a sword in one hand and an olive branch in the other. A successful settlement reflects wisdom and intelligence. It allows the parties to move on to more productive enterprises.

The lawyers of Bellas and Wachowski have the experience and knowledge to assist business owners with complex business issues. We have successfully represented business owners in disputes ranging from breach of contract cases to violations of international joint venture agreements. We have also helped settle numerous disputes. George Bellas was a commercial arbitrator for the American Arbitration Association and has mediated complex disputes. Contact George Bellas at 847.823.9030 Ext: 219 or george@bellas-wachowski.com to discuss your business dispute as early in the process as possible.