Running a small business means wearing many hats, including owner, manager, strategist, and sometimes even peacemaker. When legal issues arise, especially those that could lead to litigation, the uncertainty can be daunting. You may be asking yourself: Do I have a case? Can this be settled privately? How much is this going to cost me?
As a business law attorney who has served clients in Cherokee County and across north metro Atlanta and Georgia for over two decades, I’ve guided many business owners through the litigation process.
Below are ten of the most common questions I receive along with insights you need to make informed decisions.
1. Can I Avoid Going to Court?
In many cases, yes. Litigation isn’t always necessary. Alternative dispute resolution options like mediation or arbitration can often resolve matters faster, more privately, and at a lower cost than traditional litigation. Mediation or arbitration can also provide a significant relief from the stress of court proceedings. Georgia also has a dedicated business court that only hears business matters.
Whenever possible, I help clients explore out-of-court solutions that protect their interests while minimizing disruption to their business.
2. Do I Really Need a Lawyer for This?
Handling more minor disputes without legal representation is tempting, especially if you’re watching your bottom line. However, even seemingly minor issues like contract breaches, payment disputes, employment disputes, or customer complaints can escalate quickly, making the guidance of a business attorney invaluable.
A business attorney helps you avoid costly missteps like missing court deadlines, using unclear contract language, or underestimating legal exposure. Having someone in your corner early can make all the difference, providing you with a sense of security and protection.
3. How Long Will Litigation Take?
It depends on the complexity of your case. Litigation often takes several months to a year or several years, depending on court schedules, discovery, motions, and other factors.
My goal is to give you a clear understanding of what to expect and to keep you updated throughout the process so you’re never left in the dark, ensuring you feel informed and in control.
4. What Will It Cost?
Costs vary depending on the nature of the dispute, the court, and whether your case settles or goes to trial. You may encounter attorney’s fees, court filing fees, expert witness costs, and more.
From day one, we’ll have a candid conversation about expected expenses and whether any of those costs could be recovered if you win your case.
5. What Are My Chances of Winning?
This is one of the first questions I’m asked, and for good reason. While no attorney can promise a specific outcome, I provide a realistic, experience-based assessment.
Sometimes, “winning” means securing a favorable settlement. Other times, it’s about limiting your liability or protecting your business reputation. We’ll weigh the legal and practical outcomes together.
6. Can I Sue for Damages, and How Much?
The types of damages you can recover depend on the facts of your case. You might be entitled to compensation for lost profits, attorney’s fees, or even punitive damages if the other party acted maliciously or fraudulently.
Our role is to quantify your losses accurately and pursue every dollar the law allows.
7. What If the Other Party Doesn’t Have Money?
Unfortunately, winning a lawsuit doesn’t guarantee payment. If the opposing party lacks assets, collecting your judgment may be difficult.
Before filing a lawsuit, I help clients evaluate the claim’s “collectability,” or the likelihood of being able to collect a judgment if you win. This assessment ensures the legal effort is worth the investment and helps manage your expectations about the potential recovery.
8. Will This Become Public?
Court proceedings are generally public records. If privacy is a concern (as it often is) we can explore confidential options like arbitration or private settlement negotiations.
Protecting your business’s reputation is just as important as protecting your bottom line.
9. What Are My Risks If I Get Sued?
Being named in a lawsuit can feel like a personal attack, but the risks depend on the type of claim and the structure of your business.
My approach with clients is always proactive. Together, we’ll assess your exposure, build a defense, and guide you toward the best outcome with as little impact on your business as possible.
10. Can I Be Personally Liable?
If you operate a limited liability company (LLC) or corporation, your personal assets are usually protected, but not always. Personal guarantees, misuse of business funds, or fraudulent behavior can expose you to individual liability.
If you’re unsure about your current protections, I recommend a business structure review to ensure you’re set up correctly from the start.
Work With a Trusted Business Attorney
Litigation is never ideal, but it’s sometimes necessary. Whether you’re trying to resolve a contract dispute, defend your company against a claim, or simply want to avoid future problems, having the right legal partner matters.
I’ve helped businesses across Cherokee County and north metro Atlanta for over 20 years, providing trusted, experienced legal counsel tailored to local businesses’ unique challenges.
If you have questions about a current dispute or just want to be prepared for the road ahead, schedule a consultation today. We’re here to help with honest answers and clear strategy your business needs to confidently move forward.