Business Law FAQs

Q:  How much will this cost?

A:  This is affected by whether the matter is handled on the basis of an hourly fee, contingency fee, flat fee or other basis. The complexity and amount of work involved and any expenses the attorney must pay while working on your case influences the cost for handling your case. Needless to say, if a matter must be litigated, the rise in cost will be significant due to more time spent on the project, court reporters’ fees for depositions, charges required by expert witnesses, etc.

Q:  Can I recover my attorney’s fees?

A:  In general, yes. Most business cases end with the prevailing party recovering attorney’s fees, especially in actions such as breach of contract, freight or express overcharges, lost or damaged property, and collection of delinquent accounts.

Q:  What about mediation or arbitration?

A:  Although mediation does not mean a commanded settlement (both parties must always agree on the settlement), about 80% of cases mediated in this area result in settlement. Arbitration may be voluntary or required as a matter of contract; an award arbitration will be adopted as the court’s judgment in the absence of fraud, gross mistake, or some other limited exception.

Q:  If it wasn’t in writing, it’s not enforceable, is it?

A:  Actually, an agreement does not always have to be in writing to be enforceable. There are some situations that require a written agreement: an interest in real estate, responsibility for another person’s debt, and performance of an act or service that can’t be accomplished within one year. In general, though, a non-written agreement is enforceable.