Don’t forget to download the guides and upload them to your own website and substituting the link in the email template below with your own.
Is Arbitration the Best Way to Resolve Your Contract Dispute?
Hi {{first_name}},
Arbitration is a method of resolving a dispute by using a neutral third party or panel. It is an alternative to litigating in court that, depending on your circumstances, may offer number of advantages.
In arbitration proceedings, the arbitrator is the decision maker as to the facts and the law in much the same way a judge would decide a case in a bench trial (a trial without a jury).
If you are considering arbitration, this guide will prove helpful.
All the best,
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Five Questions to Review With Your Attorney Before You Decide to Sue
Hi {{first_name}},
The first step in any business or commercial dispute is to consult with experienced counsel. Before initiating litigation, your attorney will help you investigate and evaluate a number of factors to determine whether litigation makes sense. This guide supplies five big questions (and many related smaller ones) to which you’ll need answers before deciding whether to file suit.
All the best,
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The Breach of Contract Case: Elements, Defenses and Remedies
Hi {{first_name}},
Contracts are the backbone of all business deals. So it’s hardly surprising that breach of contract claims are the most common type of business litigation.
The goal of a contract is to set out the parties’ obligations and guide and protect them when unexpected developments arise. Not infrequently, the contract falls short. Sometimes imprecise drafting is the source of the dispute. But even with careful drafting, disagreements can develop.
One party claims the other has failed to live up to its promises. The other party denies that claim, alleges a justification for not performing, or disputes that the first party was harmed. A breach of contract suit follows.
This helpful booklet, written for both potential plaintiffs and defendants, explains the 4 elements a plaintiff must prove to succeed on a breach of contract claim. It also describes 18 common defenses that may eliminate or reduce a defendant’s liability. Finally, it lays out the 4 legal and 5 equitable remedies to which a successful breach of contract plaintiff may be entitled.
Familiarity with these principles will help you understand your attorney’s evaluation of your case and strategy for bringing it to a successful conclusion, whether by settlement, arbitration, or, in rare cases, trial.
All the best,
{{{owner.signature}}}
Settle or Have Your Day in Court?
Hi {{first_name}},
Litigation can wear down both parties. And often, the investment in litigating can seem too risky for even large companies with extensive resources.
Consider the variables in determining whether and how to settle at various stages in litigation. You and your attorney should engage in a cost-benefit analysis beginning when the dispute becomes apparent (before litigation is begun) and continuing until the case is resolved. The analysis should consider the likelihood of a favorable outcome at trial, a potential settlement range, and potential costs. This analysis, coupled with proper timing of settlement overtures, can be the key to a favorable resolution, whether you are the plaintiff or the defendant.
A multitude of factors can affect the decision to settle. Momentum can change. Facts can come to light. Witnesses can prove less credible than originally thought. Financial resources may be limited. These are all considerations the client and attorney should evaluate from the outset of the claim.
All the best,
{{{owner.signature}}}