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Step number one - don't go to court after speaking with just one lawyer or firm. Seek multiple legal opinions before filing. I can't stress enough the importanc

by egiva 15y ago

Step number one - don't go to court after speaking with just one lawyer or firm. Seek multiple legal opinions before filing. I can't stress enough the importance of this. Also, ask specific questions about how things might go wrong - including whether or not the other company can require you to pay their court fees if you lose. Secondly - think about the size of this company and what might happen if you win, but they appeal the case. Be very wary, because some companies will have a large financial incentive to fight you through various cases and appeals. The reason for this is that allowing you to win your case sets a precedent that affects their other business dealings with other partners. Finally, ask them what happens if the other party counter-sues you, who pays those fees for your defence, etc. PS - I'm not a lawyer, so this is not legal advice. Just devote the majority of your time considering what might go wrong, and ask hard questions of your lawyer before you go to court. Winning in court, unfortunately, isn't always about who has the best legal argument, but rather who has the best defense in terms of legal resources, money, etc. Make sure you have enough resources for the entire process.

throwaway1028 15y ago
So far we've walked away from all meetings feeling as though our case has some serious weight to it. We've even run it by members of our families who practice law and have received the same sort of response. Thanks for the advice I'm making a note of it all and have updated the post to mention that we have in fact spoken to multiple firms. Should have been clear on that.
- egiva 15y ago
  I paired down the last comment just to make it informative for other readers who might have a similar problem, so perhaps this doesn't all apply to your case. Lawyers in your family provide good legal advice, but make sure to seek third-party advice from lawyers who have worked in your industry for 10+ years. They will be more aware of precedents, what your chances are, etc.

by egiva 15y ago

throwaway1028 15y ago

So far we've walked away from all meetings feeling as though our case has some serious weight to it. We've even run it by members of our families who practice law and have received the same sort of response. Thanks for the advice I'm making a note of it all and have updated the post to mention that we have in fact spoken to multiple firms. Should have been clear on that.

egiva 15y ago
I paired down the last comment just to make it informative for other readers who might have a similar problem, so perhaps this doesn't all apply to your case. Lawyers in your family provide good legal advice, but make sure to seek third-party advice from lawyers who have worked in your industry for 10+ years. They will be more aware of precedents, what your chances are, etc.