Are you searching for an experienced California defense lawyer for a breach of contract? Do you find yourself unable to fulfill the terms of a contract you’ve signed and are facing defending a breach of contract in California? The defense of a breach of contract here in San Diego or anywhere in California requires extensive experience and legal skill.
3 Important Takeaways About What to Look For in a California Defense Lawyer for a Breach of Contract:
- A business breach of contract case in California requires extensive experience and legal skill. California has its own extensive contract and commercial business code, and the risks in a breach of contract defense can include substantial attorneys fees and even punitive damages if deception and fraud are alleged.
- Your attorney should be able to discuss not only the contract specifics, but the extent of your exposure as well as steps you can take to reduce your monetary and legal exposure(s).
- Look for a law firm with a proven track record resolving breach of contract cases through effective, leveraged negotiation. This is the fastest, and least expensive path to resolving any California breach of contract case, while protecting your legal and financial interests.
What Is the First Step to Take?
How do you avoid expensive litigation, and what steps should you immediately take? The first action you should take is to contact the experienced business litigation resolution attorneys at the Watkins Firm. Ask us about our more than four decades of experience in breach of contract case like yours. Call us at (858) 535-1511 for a free and substantive consultation and learn more about California law and the specifics of your case and potential exposure(s). We can provide insight into your case, as well as a solid strategy with several options to resolve the matter quickly and in a cost-effective manner. It should comfort you to learn Watkins Firm is able to resolve the vast majority of our breach of contract defense matters through effective, leveraged negotiation. This is the fastest, least expensive path to resolving any business or contract dispute.
We work to quickly develop a thorough, well-documented chronology of events as well as a mastery of all potential damages. These provide the leverage required to gain the attention of opposing parties and their counsel and draw them into settlement negotiations.
What Can a San Diego Breach of Contract Defense Lawyer Do For Me?
Your experienced California defense lawyer for a breach of contract from the Watkins Firm will review your position, the exact enforceable terms of the agreement and discuss the potential risks and damages you may be facing. Do you simply need more time, or has there been a fundamental change in the marketplace (for example, a widget that has been available for months or years is now unavailable)? If appropriate, we might need or want to provide notice to the other party(s) of the contract that you may have a challenge fulfilling the terms of the agreement, and contact them to begin the negotiation process to minimize the impact of defending a breach of contract. They must take immediate action to mitigate the damages, and the failure to do so provides us with a strong defense in your case.
Mediation is another productive, private and cost-effective option in those cases when we are able to resolve every issue through negotiation. Here in California, our Courts are overwhelmed. The time and expense of taking a case to trial is often not a reasonable option in a breach of contract matter. Most California contracts specify arbitration as an alternative to trial. The Watkins Firm has a proven track record in every legal venue, spanning 40+ years. We are trial attorneys, prepared to defend your position in any way needed. However, there is usually a more efficient and effective manner to resolve the matter while accomplishing our client’s goals and objectives.
Pro-Tip: “So the idea, if you’re the party that’s caused the breach, would usually be to minimize the risk of the damages downstream, and resolve the matter quickly and efficiently. However, it’s even more complicated and deeper than that. You don’t have to decide that you are the person that breached because most people, their ego won’t let them do that. But if you’re being accused of breaching any contract (or believe you have), the first thing you and your lawyer should talk about or think about is how to quantify potential damages and the actions you can take with very little expense to limit those damages.
For example, in employment situations, they may be suing you for $5,000 and, and wages unpaid, but the lawyer’s gonna want to collect $50,000 in attorney’s fees. So before you even get sued or before you even answer a lawsuit, you can go to your lawyer at the Watkins Firm, and know what the causes are, and what claims have attorney’s fees clauses on them. And you can just simply remedy those before you go into the lawsuit.
Or, someone says you owe $2,000 and you disagree. Well, you could pay them and then fight the case and get your money back. There’s there’s so many situations where looking at the damages can give you a great advantage, even when you’re on the defense side or the plaintiff side, because that’s what you’re fighting about.
People who enter into most contracts we sue over, have some sort of bargaining power, or they don’t have a form of bargaining power, meaning lawsuits cost money. Sometimes people enter contracts and they know they’re probably going to breach, but they figure it’s worth it. I mean, there’s so many other subtle things that we as lawyers think about, just beyond the basic breach, and the consideration of damages. There’s so many more complicated things, because you’re going to battle with somebody over a breach of the contract, and the party who is the victim of the breach needs to find out whether they can collect. Some of these contracts are entered into by tiny corporations with no assets. And so they breach and they don’t care if you Sue them because they’re never boing to be able to pay.
So all those little subtle things about real life, how to sue somebody or how to defend a lawsuit for breach of contract, they come into play because after there’s a judgment, there’s still a collection process before there’s a payment. There’s what’s going to happen, If I get sued, to your reputation. If you sue some somebody for breach of contract, can they sue you back? There are issues of timing. Should you sue now? Or should you wait? What is the defendant doing in their life? What are you doing in your life? How is this all going to affect you? All those things are the kind of details and issues you wouldn’t learn in law school, but you learn after almost 40 years of doing this, and suing someone for breach of contract or defending someone for breach of contract gets much more complicated than just knowing the law.” – Dan Watkins, Founding Partner
Are you searching for an experienced California defense lawyer for a breach of contract with extensive experience and a proven track record of success across several decades? We invite you to review our podcast Episode 5 – Breach of Contract 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 deeply about what others are going through. Dan enjoys digging into the facts and finding creative solutions to problems. He contributes his insights candidly and constructively.
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 trusted litigation strategist 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.
