The specter of litigation is a reality in today’s business climate that cannot be ignored. Although it is clearly desirable to avoid it, a San Jose business litigation attorney understands there are times when litigation is necessary, as well as times when other options should be considered.
Many issues are specific to the nature of the business conducted, but there are common concerns that affect nearly all businesses. Among those:
- Employee matters: disgruntled employees can cause problems. Most employment in California is at-will, making it possible for an employee to be fired at any time, for any reason. However, wrongful termination laws have created important rights for workers. It is wise to have an attorney draft documents for an employee to sign upon termination.
- Discrimination/harassment matters: many of these issues can be avoided by having an established policy in place and by providing ongoing training and education. The reality is that even an allegation of negative behavior can seriously damage a business’ reputation.
- Disputes with competitors and contractors: these concerns will inevitably arise in almost any business. The best opportunity to minimize such disputes is to proactively address them as soon as possible and before they get out of hand. Having an established policy in place and being hands-on when conflict arises will pay dividends.
Alternative Dispute Resolution (ADR)
ADR, including arbitration and mediation, is often used as a method of conflict resolution to avoid litigation. In many instances, it is required by contract or statute, and in other cases the parties elect to seek ADR in an attempt to reduce costs, save time and avoid the uncertainty of litigation.
Being Prepared for Litigation
Ultimately, a business lawyer must prepare and be willing to go to court if that is the best option for the client’s needs. Clients are at a distinct advantage when they choose counsel with a reputation for settling every case. While there are risks involved in any litigation, the option must always be on the table and vigorously pursued when necessary.
Contact a San Jose Business Litigation Attorney for Legal Advice
Lori Costanzo has over 25 years of business litigation experience in both state and federal court. To discuss any legal matter, Ms. Costanzo can be reached at 408-993-8493.