Commercial Litigation

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ne of the fundamental freedoms we enjoy as Americans is the ability to choose.   Each day, we choose between different places to eat, what type of gas we put in our automobiles and the various products and services we use.   We are free to choose who we enter agreements with and under what terms.    Each day, we enter into all kinds of agreements as we go about our lives in which an unspoken trust in one’s words, written or otherwise, being a bond that creates a harmonious order to each exchange.

In a perfect world, each party gets the benefit of the bargain.   Invariably, disputes arise as to these agreements and contracts.  What happens when all doesn’t go as planned and when one party fails to uphold their promise without reasonable or justifiable excuse?   While there are a number of ways disputes can be resolved, one of them is to file a lawsuit in civil court.   Generally, each “civil lawsuit” can be characterized under the term “Commercial Litigation.”   Even disputes between two private citizens.  Commercial Litigation is the process wherein claims are defined, information is exchanged between the parties, motions are filed relative to legal questions arising throughout the dispute and, ultimately, a civil trial is conducted.   This process is governed by various rules of procedure, evidence and other statutes.

We believe that litigation is an art, not a science.   It is strategic in nature and dreadfully slow in most instances.    However, since there is no magic wand that automatically makes the non-breaching party whole again, the filing of a civil lawsuit is, many times, a necessary step to recover damages in the form of money or property.   In fact, millions of contracts are breached every day where no one speaks up or complains.

No matter how thin you slice the loaf of bread, there are always two sides to every story.   Litigation’s purpose is to filter the facts through law so that justice can be done.  Justice and truth are not synonymous.  Justice relates to the application of the due process of law which provides for a fair opportunity to be heard.   This simply means that the procedural rules of litigation are afforded to a party during the litigation process.   In a nutshell, every civil case has essentially the same components which are the filing of a complaint, an answer by the defendant, discovery (or information exchange) and trial.

In the Commercial Litigation process, determining if contractual terms are breached, for example, can be very obvious or can hinge on legal nuances.  In each changing circumstance, it is imperative to think outside the proverbial box and use unorthodox thinking.   Farrow Law has been pioneering a law practice focused on urgency and results in all of its practice areas, including Commercial Litigation.   “Tried and true” methods of filing a lawsuit and asking questions later, while still a powerful tool, can provide answers which are “too little, too late” for many small business owners or individuals who have had contracts breached, cancelled or terminated.    Real solutions come from using the tool of Commercial Litigation with an eye on moving a case towards dispute resolution instead of meandering in the wind.

There are a thousand reasons to file a civil lawsuit.  For example, if a party knowingly misled another during contract negotiations or they manipulated corporate books, a civil lawsuit can be filed to redress injuries.  These causes of action may lead to punitive damages and provide an avenue for relief distinct from breach of contract.

By the time you are looking for a lawyer to handle a business dispute or breach of contract, you are usually past the point of an amicable solution and there is substantial money or property missing.   In this case, we believe it is time to stand up for yourself and we are here to support you.   We believe our pre-suit reconnaissance and information gathering is the key to gaining the upper hand in any business dispute or breach of contract.   Our unorthodox approach to investigations is directed at making a meaningful attempt to resolve the case before it even gets filed and becomes a matter of public record.   In many instances, the breaching party does not want to be exposed for their missteps and become willing to resolve matters when presented with evidence.