Business Litigation Lawyer Montana
Business fraud is a serious issue that can have a significant impact on those affected, including other businesses. Business fraud occurs when one party uses trickery or deceit in order to obtain value or to gain an unfair advantage over another party. When a business fraud is perpetrated by one business upon another, the financial consequences can be significant. Fortunately, companies that have suffered financial harm because of fraud can often recover for the losses they have sustained by filing a legal action against the person or party that defrauded them. A business litigation lawyer in Montana can assist companies who have been victims of fraud.
There are many ways in which a business can be the victim of fraud. The following are some of the more frequent types of fraud our legal team has worked on.
Fraud Perpetrated by Employees or Officers
One common source of fraud against businesses comes from their own employees or corporate officers. These kinds of frauds can occur in a number of ways, including the theft or misappropriation of assets, over-billing hours, fabricated travel expenses, intellectual property theft, corporate espionage, receipt fraud, procurement fraud, and false workers’ compensation claims, just to name a few.
What is Customer Fraud and what does it Mean?
Customers can be another source of fraud against a business. Examples of the kinds of fraudulent activities in which customers may engage include using stolen credit cards to purchase goods or services, writing bad checks, switching price tags, attempting to return items that were not purchased at a particular store, or filing fraudulent legal claims against a business.
What is Contractor Fraud? And why is it Important to Recognize?
Many businesses use contractors to provide goods or perform services. Contractors may attempt to defraud a business by charging for work not performed, over-billing, accepting kickbacks, failing to provide the agreed-upon product, or simply not delivering the ordered goods. A Montana business litigation lawyer knows that these kinds of frauds can be difficult to detect as businesses do not control the way in which a contractor performs the service or provides the goods for which the contractor was engaged. For this reason, business owners should always be vigilant in ensuring that the work performed by a contractor is in accordance with the agreement into which they entered.
Criminal Proceedings Are Distinct from a Civil Suit
It is important to understand that any criminal proceedings initiated against a fraudster that impacted a business are completely separate from a civil lawsuit through which a business could recover for the losses it sustained as a result of the fraud. In order to seek compensation, the business must initiate a legal action in state court alleging fraud, which is why it is highly advisable for businesses that have been the victims of fraud to discuss their options with an experienced lawyer.
Contact Our Firm Today
Business owners or corporate officers that believe that their company has been affected by fraud should contact a Montana business litigation lawyer immediately. Call Silverman Law Office, PLLC today to schedule a free consultation and find out what legal recourse your company has.
How does one Prepare for a Business Litigation?
As a business owner, you may have to deal with litigation at some point. Whether it is due to a breach of contract or shareholder disputes, business litigation can definitely be stressful. However, if you know how to properly prepare for it, litigation will be less stressful.
Here are a few ways to get ready for business litigation.
- Limit communication with the opposing party. If a person or entity has filed a lawsuit against your business, it is in your best interest to limit contact with them from now on. Any emails or other forms of communication may be examined in court and then used against you. If you believe it’s necessary to contact the opposing party, you should first check with your lawyer. He or she will let you know if it’s appropriate or not to contact them.
- Gather evidence. If a person or business has sued your business, they likely have at least some evidence against you. That is why it is important to preserve as much of your own evidence as possible. This may include invoices, contracts, emails and text messages. The more evidence you have, the stronger your case will be. However, you should never attempt to fabricate evidence. Doing so can lead to severe penalties. Moreover, when it comes to gathering evidence, one of the most important factors to remember and take into consideration, is that even if there is not a legal case that one is trying to present to the business or employer, having invoices, contracts, and more, is essential not just for evidence that one needs to have that they worked at the specified business or company, but it is also important, in case any kind of legal action needs to be taken in the future.
- Hire a lawyer. It is not advisable to handle commercial litigation on your own. It is in your best interest to work with a qualified business litigation lawyer in Montana. He or she will provide your business with a strong defense and protect your legal rights. When discussing your case with your lawyer, be completely honest about everything and include as many details as possible. The more information your lawyer knows, the better he or she can help you.
- Run your business like normal. Some business lawsuits can take more than a year to resolve. That is why you must maintain business like normal. To keep your company afloat, you must still meet your deadlines and work with everyone.
- Understand what attorney-client privilege truly means. When you and your lawyer talk about your case in private, everything you say will be confidential. On the other hand, if you and your lawyer meet with another party, that party may be able to use the information you provided in the meeting in court.
Why Do I Need a Business Litigation Lawyer?
If you’re running a business, you’ll need a business litigation lawyer in Montana. After all, it’s always in your best interest to ensure your business runs smoothly, and even if you haven’t put much thought towards potential legal problems, the right lawyer can help you steer well clear of any possible hiccups or headaches. Moreover, when it comes to finding a proper business litigation, one of the most important aspects to take into consideration, is that finding the exact lawyer is essential, for one’s needs to be met on an accurate level. For example; while contacting a litigation lawyer is needed in a litigation situation, it would be best to find a lawyer that can break down one’s litigation case into a subcategory. What this would aid in showing and demonstrating, is that when it comes to the work ethic and aspects pertaining to a business litigation lawyer, there are various types of refinements that should be done on a case to case , to ensure that one’s needs are met perfectly.
There are always complications, challenges, and difficulties when it comes to running a business. And some of these challenges have the potential to completely derail any major projects or products you were planning on completing or releasing. Additionally, if you have any number of employees, chances are you’ll need a lawyer sooner or later. It’s not pessimistic to think this way – in fact, commercial disputes are a fact of life for business owners everywhere.
A business litigation lawyer helps keep you out of legal trouble, and can help you navigate the inevitable contract dispute or conflict when it arises. If you’re constantly battling different legal issues and worrying about when that next dispute will throw a wrench into all your plans, you’re not running a business: You’re treading water, and you need a good lawyer who can deal with it all so you can finally focus on what matters. Read on to learn more about contract disputes, and how Silverman Law Office, PLLC, can help.
Understanding Breaches of Contract
Breaches of contract happen all the time, especially since all businesses revolve around different types of contracts. Some contracts are between employers and employees, some are between employers and clients, and some have to do with outside workers brought in to handle a specific task. Whatever the case, it’s important to learn all you can about breaches of contract, and what a business litigation lawyer in Montana can do for you when you’re dealing with one of these breaches.
- Material breach: In a material breach, it means a party failed to perform under contract. Examples of this includes contractor failing to perform the services laid out in their contract, or an employer failing to provide the payment agreed upon in the contract. In a material breach, the contract is not honored by one of the parties. When there is a breach of contract, legal action can be taken, because by law, what is signed in the contract, must be filled and having an obligated duty to be carried out, by law. Failure to do so, can and does have legal ramifications.
- Fundamental breach: Fundamental breaches are similar to material breaches. However, a fundamental breach occurs when a party doesn’t follow through with the underlying basis of the contract. This can mean services or payments are improperly or inadequately provided. For example; let’s say that an employer has employees sign a contract, which states that there will be bi-weekly payment. However, when the times comes for the individual to get paid, the payment is delayed, and then the payment that was supposed to come bi-weekly, is delayed again. This would not only be an example of breach of contract, but it would also be an example of a fundamental breach as well.
- Anticipatory breach: Anticipatory breaches occur when a party outright says that they will not perform duties under contract. They declare they will not perform an agreed-upon task or service, so it’s expected that they will not perform the task or service when the time comes.
- Minor breach: If a party such as an independent contractor completes the agreed upon work, but commits minor errors, this counts as a minor breach. It’s not as serious as a material breach or a fundamental breach, but it can still be grounds for a contract dispute.
Contact Silverman Law Office, PLLC Today
When you’re trying to run a business, the last thing on your mind should be disputes or conflicts with your employees or clients. Fortunately, Silverman Law Office, PLLC is ready to help. Get in touch with us today, and see how a business litigation lawyer in Montana can you keep your business running smoothly for the benefit of yourself, your employees, and your clients.
