Businesses don’t typically start out expecting to encounter a dispute, but matters can arise between businesses and/or individuals that can be difficult to resolve.
We spoke to Ged Flanagan, partner and head of department in the commercial disputes team at law firm the Endeavour Partnership about how to resolve a situation as early as possible and ensure minimal cost and disruption to business operations.
As the largest firm in the Tees Valley, the Endeavour Partnership are regularly instructed to act in commercial disputes. Their respected and well-known team, specialist departments and multiple layers of expertise, provide confidence in their ability to deliver for their clients.
Ged explained: “People don’t plan for litigation and when it occurs it can be difficult to deal with. Running a business involves many tasks and the added complication of a potential dispute causes a distraction from other business critical issues.
“We know how important trusted and accurate support can be to allow our clients to remain focussed on running their business.”
“Having the right contractual documents in place can reduce the risk of disputes arising in the first place. As the world of business evolves, our team are committed to exploring and staying ahead of the curve. Our corporate and commercial team provide a level of expertise to suit our clients’ requirements; whatever stage their business is at, whether start up, SME or large corporate; support with preparing contracts, including terms and conditions of business can help address potential issues and reduce the need for legal proceedings further down the line.” Avoid us litigators if possible!
Be ahead of the game
“Clients often come to us once a dispute is well under way and communication between those involved is in full swing. My advice would be to have a discussion with a legal expert as soon as you are aware of a potential issue; it is best for all parties if a dispute can be resolved in the early stages and is in everyone’s interest to avoid the cost of court proceedings.”
“The courts favour mutual respect and bearing this in mind before sending correspondence can have a positive effect if the case does progress to trial. Removing the emotion, stating facts and showing a desire to find a common ground, can be difficult, but may benefit you further down the line if your correspondence is referred to in court. If in doubt, sense check your documentation with your legal team before sending it or, alternatively, ask them to draft it for you.”
“Disputes come in all shapes and sizes and what is right for one business is not necessarily right for another. It is best to establish the legal stance and then make a decision from there; just because you could win a case doesn’t always mean it is commercially viable to pursue. Endeavour Partnership offers expertise in all aspects of business law and our growing team of specialists means we provide a genuine focus on commercial legal solutions which goes beyond static legal advice.”
“Finally, it is important to have a great relationship with your law firm, pick a team that has multiple departments that can draw expertise from to represent you. We take the success of our clients’ business personally, we pride ourselves on understanding their individual business model, their objectives and the aspirations. As an expert legal team, we know the law, but we also have a respect and appreciation for what it takes to run and grow a business.”
Endeavour Partnership provides a commitment to business law along with a dedication to its clients throughout their business growth. They are committed to producing innovative options for clients whilst still demonstrating business-focused thinking.
Contact Ged and the team for further advice.