Civil Litigation

Contracts & Business

I provide variety of services to local small and medium sized businesses from simply forming a limited liability company and drafting operating agreements, review of commercial leases and business disputes and litigation. I stress to all my clients to involve an attorney in the formation of any business or contract as it may save many thousands of dollars should a dispute arise. The initial cost will be worth it.

Business disputes

Having practiced in nearly every court in Arizona, I understand the system and how to efficiently bring a dispute to resolution. The rules are constantly changing and vary by court. I stay up to date. Litigation can be time consuming, daunting and expensive, I strive to keep my fees reasonable and explore every possible method of settlement so that you can move on with your busy life. If necessary, I am not afraid to litigate.

Creditors Rights & Defense (FDCPA)

I practiced in debt collection for over two and half years and was deeply involved in revamping motion practice and litigation techniques. The purpose was to increase the value of contested cases and limit costs and attorney time. I took collection cases seriously and with an eye on legal research. With an aggressive stance, I took, and won, cases in the Arizona Court of Appeals.

Since I started my own law firm, I still offer debt collection services to businesses and, due to my experience and insight, have even helped those on the other side. I utilize my knowledge of the weaknesses in debt collection cases to assist those in need to settle and pay debts at a fraction of what was originally owed. Additionally, I ensure that your rights under the Fair Debt Collection Practices Act are respected. Debt collectors are swamped with cases and often make mistakes, sometimes egregious ones. Whether you have had a case filed against you or are dealing with garnishment, I will do my best to help you.

Contracts & leases

Drafting contracts and leases, negotiating their terms, reviewing and auditing existing or proposed leases, and resolving disputes around business contracts and commercial leases are all within my area of expertise.

In a world of perfect business ethics, all parties would keep their word and fulfill their promises. However, business contract and lease disputes arise frequently.

Sometimes, one party fails to honor their word. Sometimes, both parties interpret the language of their contract differently, and did not care to clarify their views fully at the start of their business relationship. Sometimes, parties engage in unfair competition or deceptive trade practices. As your business lawyer, I will pursue every venue to defend your interests, and use the law to its full extent to achieve a successful resolution.

I represent clients in cases of breach of contract, contract language interpretation, clarification of contract terms, etc. When a business counterpart proposes a contract, it is essential that you receive proper guidance in clarifying ambiguous terms. When you draft or negotiate a business contract, it is also vital that the outlines of the contract be clear: in case of a lawsuit, such clarity may help the court enforce terms and award damages in your favor.

Many businesses make the error of trusting template contracts found online. These boiler plate contracts are often drafted in terms that are equivocal or insufficiently defined. When a lawsuit arises, any contract that is not watertight will increase the cost of resolving the dispute. It may even make it impossible for the business to reach a favorable settlement.

I avoid all this unnecessary expense and trouble. My experience enables me to identify problems in any business contract or commercial lease that is offered to you or drafted by a third party. My mission consists in reviewing these thoroughly, and finding out the problem areas before they become actual issues.

Shareholder & partnership dispute

A dispute between partners in a business may become fatal for this business. The same goes for disputes between major shareholders of a corporation. Disputes at the highest level of ownership and management often lead to an unraveling of the initial “cement” that held the business together, and further to that, to loss of market share, loss of leadership, loss of clients, and ultimately, a full loss of the business.

It is therefore essential that effective measures be taken early in a shareholder or partnership dispute that threatens to turn sour.

This is where an experience business lawyer will be able to bring value to the troubled partnership, and hopefully, to help resolve the dispute to the best interests of all parties.

What types of disputes between shareholders and partners have I Witnessed?

  • Allegations of fraud or misappropriation of assets
  • Allegations of financial mismanagement
  • Differences of opinions as to where the business should be headed
  • Diverging interpretations of the founding documents of the business

It is sometimes necessary to bring the opposing side to court, when mediation or arbitration have failed to resolve a dispute. Sometimes, parties will only listen to the Court to adjudicate on allegations of fraud or mismanagement.

My experience as a trial attorney enables me to advise you effectively in regards to your legal options and to the better course of action. I will also help you prepare your case for a hearing and for your defense if alternate dispute resolution have failed to reconcile your views with those of your partners or shareholders, or with the leadership of the company you are a shareholder of.

Call me at (520) 260-2007 to discuss the basics of the issues and receive a first or second opinion in regards to your potential options.

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