FREQUENTLY ASKED QUESTIONS - Business Litigation
Free Tax Debt Analysis
When to hire an attorney?
Filing a legal action and representing yourself in court can be a puzzling and frustrating process. Although this web site is designed to answer basic general questions, it cannot replace the legal advice of a competent attorney nor can it be expected to answer questions in more complicated cases such as where the defendant being sued lives in another state. Therefore, it is strongly recommended that you consult with an attorney for a full explanation of your legal rights.
Having a business litigation attorney can be a huge factor in whether or not you win your lawsuit. Business litigation is very complex and incorporates many complicated elements that are necessary in determining, for instance, whether or not a contract was breached. Business litigation attorneys are able to examine the intricacies of your specific case and help you prove whether or not all of the complicated elements that make or break a lawsuit are evident.
At the Law Offices Of Jeffrey B. Kahn, P.A., we represent individuals and businesses throughout South Florida, in a variety of concerns involving litigation including:
- Contract Review
- Business Formation (Corporations, Partnerships, LLC's)
- Business Sales
- Breach of Contract Claims
- Breach Of Fiduciary Duty
- Contractor Disputes
- Landlord-Tenant Disputes
- Real Estate Litigation
- Commercial Transaction Disputes
- Will Contests and Estate Disputes
- Tax Litigation
We are aware of the importance in handling these matters as efficiently and economically as possible, while still obtaining effective results.
Let us attempt to secure a favorable resolution for you.
Did You Just Get Served?
In most litigation circumstances, the first deadline that you face as a defendant is to respond to the plaintiff's complaint. Failure to respond by the deadline often results in default judgment.
California law sets a strict deadline of 30 days from the date you were served with the summons and complaint to file and serve a formal response.
The period between the service of the complaint and the deadline to respond is an important period for your attorney. Critical factual investigations will now be compressed to fit the revised time period. In addition, all strategic decisions must be explored such as moving the case from state court to federal court if this is an option or finding a basis to dismiss the complaint. Therefore, you should not let the summons and complaint sit for a week, or even days, in an employee's inbox or desk drawer before getting it to your attorney.
What to do to prepare?
Once a process server hands over the summons and complaint, time is of the essence. The following tips will help you to maximize this time:
- Establish procedures for handling service of legal papers. Establish a written policy informing your employees of what to do when a summons and complaint are served. This procedure also should establish who is authorized to accept service on your behalf, and where to direct the summons and complaint immediately upon receipt.
- Give your attorneys an early warning. The approaching storm of many business disputes can be seen on the horizon long before a lawsuit is actually filed. When issues arise that look like they could wind up in court, call your attorneys. The extra lead time will allow your attorneys to get up to speed and maximize the more limited time allotted for a response. That extra time also will allow your attorneys to confirm that in the event of a lawsuit, they would have no conflict in representing you against your opponent.
- Forward materials the same day. The day papers are served, forward them to your attorneys by fax or email. Once you have spoken with your attorney to determine that he or she can represent you, be prepared to forward key documents contracts, correspondence, etc. This will assist in evaluating your defense and possible counterclaims.
What are the different courts in California?
The vast majority of cases in the California courts begin in one of the 58 superior, or trial, courts - which reside in each of the state's 58 counties. With facilities in more than 450 locations, these courts hear both civil and criminal cases, as well as family, probate, and juvenile cases.
The next level of judicial authority within the state's judicial branch resides with the Courts of Appeal. Most of the cases that come before the Courts of Appeal involve the review of a superior court decision that is being contested by a party to the case. The Legislature has divided the state geographically into six appellate districts, each containing a Court of Appeal.
The Supreme Court sits at the apex of authority in the state's judicial system, and as such it may review decisions of the Courts of Appeal in order to settle important questions of law and ensure that the law is applied uniformly. The Supreme Court has considerable discretion in deciding which decisions to review.
How much do your services cost?
Many people think that they cannot afford to hire a tax attorney to assist them with their legal matters. They are wrong! The great news is that we have made our fees very affordable.
We know that many of our clients are under a great deal of financial stress. Therefore, we try to work with our clients as much as possible by allowing them the opportunity to pay their legal fees to us over time. This is important so you know for sure how much you will pay even before you hire us!
As you can imagine, the amount of our legal fees depends on the facts and circumstances of your case. Also, our fees vary depending on the type of service you hire us to perform for you. In certain circumstances, we may take your case under a contingency or modified contingency or flat-free basis.
It is very important that you contact us to receive your free and confidential analysis. Why? It is during your analysis that we will discuss the fees that we will charge for legal representation. We quote fees only after learning enough information about your situation and the type of service that we may be able to provide you. You should be cautious of any professional who quotes their fees to you before fully learning about your situation.
I have more questions. How can I contact you?
Call our offices toll-free at 866.494.6829 or send us an email for your free and confidential analysis.