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Yes, I have to say “no” a lot.

Clients don’t like me saying “no” to so many of their ideas for litigation strategies and maneuvers. But, unfortunately, by the time litigation starts, there are often not many good options left. The optimal outcome for a client is sometimes the least bad scenario.

By the time you find yourself in court, most of your options may have already been foreclosed. You are now looking to limit your damage, not come out ahead.

This is why it is so important to avoid getting into trouble at the beginning of any transaction or relationship. If there is no issue to fight about in the first place, you’re less likely to end up in a fight later. Or, at least, if you’ve made a record of what you’ve done right, you’re more likely to win.

Most of my cases involve commercial litigation in which disputes arise between business or property owners. The majority of these cases might have been avoided – or, at least, resolved more quickly – if the terms of the agreement and the actions of the parties were clearer from the beginning.

My advice – manage your business affairs carefully and professionally, and don’t sign any contracts that you don’t understand completely. If there is even a hint of a problem brewing, consult your attorney right away, while you still have a chance to resolve the issue without having to head to court.

Andrew Weltchek
Weltchek Law

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