A substantial dispute can affect cash flow, operations and business relationships. The strength of the claim matters, but so do the costs of pursuing it and the practical value of the outcome.
Understand the commercial position
Etienne reviews the agreement, the parties’ obligations and the evidence of performance or breach. He assists established businesses with disputes concerning payment, incomplete work, goods, services and other contractual obligations.
Consider the available routes
A demand, negotiation, settlement or court proceedings may be appropriate. Etienne weighs the legal position against your commercial objectives, the amount involved, the available evidence and the other party’s ability to meet a claim.
Manage the dispute
Where proceedings are necessary, Etienne takes carriage of the matter and manages the legal process. The appropriate forum and any need for an advocate or correspondent attorney are considered for the particular case. Direct contact keeps you connected to the attorney responsible for the work.
Record the resolution
A commercial settlement should make performance, payment dates and continuing obligations clear. Etienne considers how the agreement will work in practice and advises on the steps needed to give it effect.
Useful questions
A little more clarity.
Should we obtain advice before making a demand?
Yes. Reviewing the contract and evidence first can help ensure that the demand is appropriate and supports the intended course of action.
Does a strong claim always justify litigation?
Not necessarily. Recovery prospects, evidence, costs and business consequences need to be considered alongside the legal merits.
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