Corporate / Partnership / Ownership Disputes
When they decide to go into business with a partner most people believe that nothing will ever go wrong. However, even in the most well-intentioned business relationships disputes among business partners can arise, and sometimes legal action may be the only avenue to protect your investment and your intrest in the business. Disagreements among partners or business owners typically result from one party’s failure to honor fiduciary duties or the failure to comply contractual obligations of the partnership agreement, corporate formation agreement, or other contract relating to the business. Sometimes they involve secret business dealings by a business owner that are oppossed to the best interest of the company. In a business relationship with another individual there can be numerous other scenarios that can lead to disagreement. Typically, business ownership disputes need to be resolved as quickly as possible to avoid disruption of the daily operations of the business.
If you believe that your business partner has violated an obligation owed to you or your business, The Law Office of Stephen O’Rear, P.C. can help you understand your legal rights and take the necessary action to protect your interest in your business, whether those interests include recovering damages or seeking to dissolve the business relationship. The types of business ownership disputes handled by the firm include disputes among general partners or limited partners, disputes among shareholders or members of the company; breaches of contract or fiduciary duty, ursupation of the business opportunities of the company and theft or embezzlement of business property.
Business ownership dispute litigation can be expensive and mediation is usually the most efficient way to resolve the dispute because owners of small business and partnerships typically want to resolve their conflicts as amicably as possible in order to return to servicing their customers. In most business ownership dispute cases, The Law Office of Stephen O’Rear, P.C. will attempt to resolve your dispute without having to go to court in order to reach a resolution of the dispute that addresses the business partner's integrity issues and/or decision-making authority while still preserving the enterprise you have worked so hard to create. However, when settlement does not appear to be an option or is not in the client's best interest, we will aggressively represent our clients in court to ensure that their legal rights are respected.
While most cases involving business ownership disputes are only handled under a retainer agreement with an hourly billable fee, there are instances where the firm will work with our clients on an alternative fee basis. Under certain facts and circumstances, the firm may handle your dispute on a contingency fee basis, which means that our clients are only obligated to pay a fee if the firm successfully resolves the litigation in the client’s favor. In other circumstances, the firm can work with our clients by providing representation at a reduced hourly billing rate along with a reduced contingency fee arrangement, which allows the firm’s clients the flexibility they may need in order to be able to assert their claims in court. It is the goal of The Law Office of Stephen O’Rear, P.C. to provide our clients with the right fee arrangement that gives our clients the greatest flexibility depending on the type of business ownership dispute they are involved in.
Under Texas law there is a limitation on the amount of time to file a lawsuit if you are involved in a dispute with a business partner, so call today for a free consultation to discuss your rights.
Call us today at 817-386-4988 or contact us online to schedule a personal no obligation consultation.