Are you searching for a California and San Diego partnership dispute attorney? What are the most effective strategies for efficiently resolving a partnership dispute in a cost-effective and timely manner? Your business dispute resolution attorney from the Watkins Firm can help you to resolve a partnership dispute in San Diego, or anywhere in the State of California without having to resort to an extended and expensive business litigation process.
Key takeaways about what to look for in a California and San Diego partnership dispute attorney:
- Partnership disputes are usually rooted in a single issue: money. Money that was taken or used inappropriately. Money that wasn’t paid out, money that’s being wasted, or abuses of the operating agreement in order to take more money out of the associated LLC or small business.
- Partnership disputes can involve substantial litigation. However, the Watkins Firm is able to resolve the vast majority of our business partnership disputes through effective, leveraged negotiation. This is the fastest, and least expensive way to resolve any dispute with a business partner.
- Larger partnership disputes may require an attorney with the skill and experience to achieve your goals through business mediation or arbitration. Look for an attorney who is prepared to take the case to trial, but understands your unique goals and objectives for the case.
Partnership Disputes are Usually About One Thing: Money.
My name is Dan Watkins, and as an experienced California and San Diego partnership dispute attorney I can tell you, the core issue in the majority of these cases is money. Somebody has not been paid what they believe they are owed. Someone has taken out more than another partner believes they deserve. Perhaps someone is commingling business and personal assets including money. You need an attorney who can get the attention of other parties, and get things headed in the right direction. You also need a skilled California and San Diego partnership dispute attorney to assert and protect your interests.
Extensive Experience and Legal Skill
The attorneys at the Watkins Firm have more than four decades of experience and proven legal skill. You will appreciate our approach to disputes, and the manner with which we approach attacking and resolving the challenges at hand while accomplishing your goals and objectives.
It begins by contacting the Watkins Firm or calling us today for a free and substantive phone call at 858-535-1511 to discuss your unique circumstances. We will have a thorough discussion and provide a layered strategy with a firm budget before you ever invest another penny in the dispute. Once your goals and objectives for efficiently resolving a partnership dispute have been established, the first step in this process will be leveraged negotiation.
Our experienced dispute resolution attorneys efficiently gather all facts, documentation and relevant communications in order to develop a detailed chronology of events and a mastery of available damages. These tools provide the leverage necessary to effectively move the other party or parties into productive negotiations. They will understand that you are serious and committed to resolving the dispute, and we work to establish a cooperative atmosphere conducive to working through the issues and accomplishing your goals. You may be encouraged to learn the Watkins Firm resolves the vast majority of it’s partnership dispute cases through effective, leveraged negotiations. This is the fastest and most cost-effective strategy to achieve the goals at hand.
Mediation and Arbitration Attorneys
There may be a few issues of principled disagreement where input from a third party is appropriate and necessary. The next step after negotiations is almost always the filing of a lawsuit by one of the parties, and a settlement conference or mediation. Your Watkins Firm California and San Diego partnership dispute attorney will assist with the selection of the mediator, and represent your interests as the neutral party works to bring the parties closer together and resolve the outstanding issues. Once an agreement has been reached, we memorialize all that has happened and generate updated contracts, corporate documents and any associated agreements necessary to bring the partnership dispute in San Diego to a close.
Many operating agreements and shareholders’ agreements specify arbitration as an alternative to trial. Arbitration is a very structured legal environment which requires attorneys with extensive legal skills and experience. The neutral arbitrator is an expert in the issues at hand and the laws which govern them. Your Watkins Firm attorneys prepare a brief for the arbitrator and work to protect your interests as evidence and witness testimony is obtained. The arbitrator then issues their decision which is final, and cannot be appealed except in very rare circumstances. You only get one shot at the apple in an arbitration, and this is why it is important to work with Watkins Firm trial attorneys who have decades of experience and a proven successful track record in arbitration and mediation alike.
Pro-Tip: “We’ve had so many shareholder fights where a company, a group of friends or a group of friends who know friends, maybe 30 people invest in a company and it’ll be doing well, but not great. And the investors, the shareholders won’t be receiving disclosures, or they will be receiving them, but they sort of don’t add up. And then they do an investigation and they come to some law firm like ours and they say, ‘well, let’s get in there and see the books and records,’ and you get some pushback from the company. And that’s when all the hairs in your neck stand up and you come to the Watkins firm and we file a motion. And we discover through our due diligence that the company’s doing very well, and that they also formed an offshore corporation of the same name. And they’ve taken all the assets and they’re all driving Rolls-Royces. So this has happened more times than I can say, because it just does happen. Nobody fights over anything unless there’s money involved. If it’s just doing okay, they would tell the truth and say, it’s all great. But if that big money offer comes in the door and they have a way of, of keeping it for themselves, it’s very tempting for human nature to turn that down.
We like to say, if it’s off a penny, it’s off a million. So we look at the financial disclosures you’ve been given, and if they don’t add up or doesn’t seem straightforward, we suggest you make a demand for additional documentation. And if they don’t give it, that’s sort of like them pleading the fifth, you know, something’s wrong when they’re not willing to give their investors, their owners full access, full transparency into what’s going on with the company.
And you should do it right away. because when shareholder fraud or a shareholder breach happens, it’s usually for a purpose, an opportunity for management. And it’s usually happening now, and it probably involves a lot of money. They usually won’t do it unless it’s worth something. If let’s say you don’t have a shareholder agreement, or you have a weak shareholder agreement and management has broad discretion to do a lot of things, and they’re getting ready to do some questionable things, to make a big profit. And you come along and say, ‘wait a minute, I think something’s wrong here.’ And you pose an objection. Well, before you file a lawsuit, this opportunity that management has is still there. So if you are the squeaky wheel right away, before they go forward with whatever they’re doing, then you may profit from that. But if you’re not, then it’ll just happen. And instead of being sharing in the profits, you’ll be fighting to claim you had rights to get some money back.” – Dan Watkins, Founding Partner
The Key to Efficiently Resolving a Partnership Dispute in San Diego and Southern California
The key to efficiently resolving a partnership dispute in San Diego and Southern California is to work with an attorney who values what you value – accomplishing your goals and objectives in the most cost-effective and timely manner. Ask about our more than 40 years of experience in cases like yours. We invite you to review our podcast Episode 14 – Shareholders’ Rights and Disputes as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.
Meet Dan Watkins:
Daniel W. Watkins is a true people person who sincerely listens. He cares about things that occur in other people’s lives. Dan enjoys digging into the facts and finding creative solutions to problems. He is not shy about giving his opinion either.
Dan’s interest in people make him deeply invested in every relationship and his exuberant personality makes him a true litigator. Dan fights for his clients with a fierce and calculated commitment.
Dan has practiced in the areas of business, medical practices and healthcare business, high tech/science, real estate and employment defense law since 1987. He is a seasoned litigator and true trial attorney with over 50 jury and bench trials to his credit. Dan has successfully represented both large companies and individuals and achieved substantial victories in well-publicized trials throughout California and the U.S.
He is experienced in business and corporate formation and administration, as well as all forms of alternative dispute resolution, including binding arbitration and mediation.
THE ROAD TO BECOMING A BUSINESS LAWYER AND LITIGATOR
Dan has almost 40 years of experience working with, for and against some of the largest insurance companies in the country. He has successfully tried and litigated cases in the areas of Healthcare Compliance, Commercial Litigation, Unfair Business Practices, Fraud, Breach of Contract, Battery, Premises Liability, Product Defect, Medical Malpractice, Discrimination, Sexual Harassment, Construction Defect, as well as Unfair Competition, Defamation, and Trade Secrets.
In December 2003, Dan commenced litigation against Health South Surgery Centers-West, Inc and its’ subsidiaries, exposing the company’s extensive mismanagement and misconduct of its’ surgery centers. Dan has also been asked by some of California’s largest municipalities and corporations to conduct legally required investigations into matters involving alleged employment discrimination and harassment.