Business Law Basics

One of the keys to success for Gaston & Gaston APLC is partnering closely with our clients, providing them with information and guidance and encouraging their active involvement with the successful resolution of their legal concerns. Following is some basic information that may help you secure a better understanding of a business litigation matter in which you find yourself involved. Please don’t hesitate to call me, Frederick Gaston, personally, at 619.398.1882 for help with any additional questions you may have or to discuss your specific legal issue.

Business disputes and lawsuits

In the normal life of a business, business disputes arise. The causes can be as innocent as unmet expectations and miscommunications to more troubling breaches of contract, negligence, collections and even business fraud. Of course, it is best to try to resolve any dispute before it arises to the level of business litigation. Often, open communication, which can be mediated or aided by an experienced attorney, can help resolve conflicts and disputes before they get out of hand.

Hire experienced, local business litigation counsel

Unfortunately, there are times when business disputes can only effectively be resolved by filing a lawsuit or through business litigation. In these instances, it is important to have an attorney with trial experience to guide you through the legal process and help you navigate the court system to get the best outcome. Hiring local counsel is beneficial because experienced local trial attorneys likely have appeared before the very judges who hear cases in your local courts and understand what the Court is looking for in a case. Finding the right attorney to help you resolve your business dispute can be a daunting task. Look for an attorney with local experience and a track record of successfully handling your type of dispute.

Note for those outside California:

If you are represented by counsel in a state other than California, be aware that, with rare exception, you will need to hire local counsel within the state of California to assist you within the California court system. The experienced business litigators at Gaston & Gaston APLC have experience serving as local California counsel for out-of-state and out-of-country clients. We act in conjunction with you or your own in-house counsel to ensure that your case adheres to the local rules and does not fail because of a misstep tied to a technical violation of local civil procedure.

If you have been served

If you have been served with a complaint in a business or commercial litigation lawsuit in the state or federal courts located in San Diego County, Riverside County, Los Angeles County or Orange County, please contact the experienced business litigators at Gaston & Gaston APLC for a no-cost evaluation. Once you have been served with a complaint, you have a limited amount of time to answer the complaint after which time a court may enter a default judgment against you.

If you need to file a lawsuit

If you believe you or your company have a cause of action as a plaintiff in a business or commercial litigation lawsuit, please call Gaston & Gaston APLC for a full evaluation of your claims. It is important to act quickly because statutes of limitations determine the amount of time you have to act after you have discovered facts that give rise to a lawsuit. Delay too long and a court can refuse to hear the substantive facts related to your case. As a result, the merits of your case may never be decided by a court of law.

Bottom line: If you have been served with a lawsuit or need to file a complaint against another party to resolve your business lawsuit or other commercial dispute, call the experienced attorneys of Gaston & Gaston APLC at 619.398.1882.

Learn about the distinctions regarding litigation, arbitration and mediation

The costs of legal representation: retainers

The costs associated with bringing a business litigation lawsuit are typically paid for in one of two ways: retainer or contingency fee. The more traditional method is the retainer agreement. Under this type of agreement, the client will deposit an agreed upon amount, which will then be placed in a trust account for that client. At regular intervals the client will be given a statement of billing and funds will be dawn from the client trust account. Deposits for retainers can vary greatly depending on the complexity of the case.

The costs of legal representation: contingency fees

The second most common form of payment is the contingency fee agreement is used almost exclusively in cases where an attorney represents the plaintiff (the person who is suing for damages, rather than defending). Under this method the attorney and client agree that the fees to be paid to the attorney will be contingent upon a favorable outcome for the client. Thus, if the client prevails in his or her case, the attorney will then be paid a percentage of the recovery. Percentages can vary, and indeed, may change depending upon when the case is finalized. However, contingency fee agreements will typically provide that the attorney will be paid from 25% to 40% of the recovery.

The costs of legal representation: modern offerings

For far too long there has been an unanswered demand for non-traditional methods of payment. Gaston and Gaston has heard that demand, and has been consistently working to meet it by offering combination retainer/contingency agreements, a la carte litigation pricing, and cost lids on each phase of the litigation process.

Average length of time

The typical length of time from filing a complaint to presenting a case to a judge and/or jury is about one year. However, depending on the ease or complexity of the case, the time can be greatly shortened or drawn out. Though a year is a long time, many California courts are “Fast Track” courts and thus adhere to a fairly strict schedule in an attempt to have business litigation cases progress at a reasonable speed.