Businesses in Austin, Texas have a variety of legal needs, starting with their formation and continuing as they grow and engage in business. It is often in the best interests of businesses to avoid business litigation and to take steps to prevent disputes. According to the Small Business Administration, from 36 percent to 53 percent of small businesses are embroiled in litigation each year.
If disputes arise and negotiations fail, it is important for business owners to have legal representatives who are experienced litigators and who have the legal skills and knowledge to fight for successful resolutions on behalf of their clients through trials or arbitration proceedings. The skilled Austin business litigation lawyers at Kirker Davis have the requisite experiences and skills to help their business clients to protect their interests both prior to disputes and during negotiations, alternative dispute resolution proceedings, and court litigation.
Our business litigation practice includes, but is not limited to, the following services:
When entrepreneurs are planning to open new businesses, getting legal advice from an Austin business litigation lawyer at Kirker Davis can help them to avoid many legal pitfalls that could be potentially costly. The business attorneys at Kirker Davis can advise clients about the different legal entity structures and which type might fit their businesses the best. Choosing a strong entity structure during business formation can help business owners to have protection from personal liability in the event of lawsuits that are filed against their companies. Our lawyers can also help with business incorporation and partnership agreements so that the interests of our clients will be protected.
Getting legal advice about issues such as licenses, zoning issues, easements, and other business needs can help to prevent potentially costly legal pitfalls that could otherwise arise. Business litigation lawyers can also help to draft business contracts and review proposed contractual provisions to ensure that their clients are protected. Our lawyers can negotiate the provisions and clauses of proposed contracts to secure terms that are favorable to our clients. We are also able to draft indemnity agreements and review proposed agreements that are presented to our clients.
Businesses that enter into contracts may encounter disputes that arise when a party breaches their contractual obligations or when the contracts are unclear. If the breaches are relatively minor, it is often possible to reach resolutions outside of court through negotiation. We can work to resolve contract breaches through negotiation or through the alternative dispute resolution process with an aim to put the parties in the position to continue with their duties under the contracts.
If the breaches of contract are so severe that they prevent the parties from continuing to perform under the contracts, business litigation may be necessary. The attorneys at Kirker Davis are prepared to litigate for our clients through trial or through arbitration proceedings in an effort to secure damages to compensate them for the losses that they suffered because of the contract breaches. Getting help with drafting and reviewing proposed contracts can help businesses to avoid disputes by making certain that the duties of both contracting parties are clear.
In addition to contract disputes, other types of disputes may arise in the course of business. Partners may become embroiled in disputes with each other if their visions for the companies do not match. Disputes can arise between family members of family-owned businesses, and the shareholders of public companies may engage in disputes with the corporations. It is important to have skilled attorneys to handle all types of business disputes through negotiations, alternative dispute resolution, and litigation if necessary. Resolving the disputes quickly and effectively can help businesses to avoid protracted litigation and the expenses that are associated with it.
Under the Texas Family Code §§ 3.001 et seq., Texas is a community property state, which means that all of the marital property must be divided equally between the spouses. If both spouses or one spouse started a business during the marriage, the business will need to be divided.
Dividing business interests in a divorce can be handled in a few ways. One spouse can buy out the other’s interest in the businesses. They can agree to continue as co-owners of the business, or they can agree to sell the business and split the proceeds. The attorneys at Kirker Davis can discuss the different options with their business clients and help them to negotiate the outcomes that might protect their business interests and their property division interests in their divorces.
At Kirker Davis, we believe that helping our clients to avoid protracted disputes is often in their best interests. When litigation is unavoidable, we work to thoroughly prepare our clients to place them in the best position. During the nascent period of potential conflicts as well as at the front end of business transactions, Kirker Davis can help our business clients by offering the following services:
When our clients are involved in active litigation, the attorneys at Kirker Davis can provide a litigation risk assessment to help to prepare our clients and put them in the best position possible. We can assist with mock trials, pre-trial witness and case preparation, depositions of witnesses, preparation of pleadings and emergency motions, litigation holds, pre-trial business mediations, and much more.
Having strong legal representation is crucial for businesses from their inception and beyond. The business litigation lawyers at Kirker Davis can work with businesses to help them to minimize the risk of protracted disputes and to handle disputes that might arise. Our attorneys are experienced in litigating on behalf of our business clients and work to achieve the most favorable resolutions of their legal issues. Contact Kirker Davis today to schedule a consultation with an Austin business litigation lawyer by calling our office at (512) 746-7304.