What should you look for in an experienced shareholder dispute lawyer in San Diego, or for any dispute in California? What impact does your attorney’s actual trial experience have on dispute resolution? Based upon our almost four decades of service to San Diego and California partnerships and individual partners, shareholders and members I can tell you the most important thing to look for in a business dispute attorney may surprise you:
The most important trait of an effective shareholder, member, or partnership dispute lawyer in California, and here in San Diego, is a proven track record of resolving partner and business disputes effectively and quickly.
Many experienced business professionals don’t realize the Watkins Firm is able to resolve the vast majority of disputes and lawsuits between shareholders or stakeholders such as investors through a negotiated settlement. This is the fastest, least expensive strategy for most of our clients to accomplish and protect their goals.
However, the experience and legal skill of your lawyer in mediation, arbitration and at trial is an important part of the leverage needed to accomplish your goals and resolve matters quickly.
Key Takeaways of What to Look for in an Experienced Shareholder Dispute Lawyer in San Diego or Anywhere in the State of California:
- The most important trait of an effective partnership or shareholder dispute lawyer in California is a proven track record of resolving partner and business disputes effectively and quickly.
- What is really at stake is usually money. There may be monies owed to you in the form of withheld disbursements, nonpayment of dividends or unfair treatment when compared to other members within your class of shareholders.
- Look for an attorney or law firm that resolves most of their cases through effective, leveraged negotiation, but are prepared to file or defend a lawsuit, and represent clients in settlement conferences, mediation, arbitration, and at trial.
The Nature of a Shareholder Dispute
The nature of a shareholder dispute, what is really at stake is usually money. There may be monies owed to you in the form of withheld disbursements, nonpayment of dividends or unfair treatment when compared to other members within your class of shareholders.
However, the majority of shareholder disputes in San Diego and Southern California involve substantial legal issues and actions involving a breach of fiduciary duty, the misappropriation of funds or assets, misrepresentation of financial reporting or actions for accounting, self-dealing an attempt to close the company or merge with another in order to reduce the value and power of your position as a shareholder.
You need an attorney who has extensive experience protecting the rights and interests of shareholders in San Diego and throughout California. The Watkins Firm has more than 40 years of experience in these cases and has successfully represented and defended the rights of shareholders in cases of all sizes and scope. Look for an attorney or law firm that resolves most of their cases through effective, leveraged negotiation, but are prepared to file or defend a lawsuit, and represent clients in settlement conferences, mediation, arbitration, and at trial.
Pro-Tip: “We’ve had so many investor or shareholder fights where a company takes a group of friends, or a group of friends who know friends, maybe 30 people to 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 good, 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 keeping it for themselves, it’s very tempting for human nature to turn that down.
Obviously not all shareholders need legal advice, but many of them do. When should a potential shareholder seek the advice of the Watkins Firm?
Well, if you’re investing $500, no, but if you’re making a substantial investment in a company, you are a buyer of that company. So all the same thought process that we go through when we acquire a company or we sell a company and we do our due diligence should come into play. And law firms have resources that average people don’t. We have computer databases, we can do background searches, we can pull up, or request disclosures. We can actually help you ask certain questions of the corporation. We can literally even hire our CPA to review the financial documents to make sure it adds up.” – Dan Watkins, Founding Partner
What Can An Effective, Proven Shareholder Dispute Lawyer in San Diego at the Watkins Firm Do for You?
When opposing counsel realize you are represented by the Watkins Firm, they know you are serious about the matter, and you have attorneys who are willing and able to take the case through to a successful jury verdict. It is rarely in the interests of a majority interests or other shareholders to go to trial due to the time frames and expense involved. However, the mere fact that our legal team is proven and prepared and our long track record of successful outcomes in all legal venues moves the other parties to work to resolve the case. This leverage is important when working to accomplish our client’s objectives in a timely and cost-efficient way.
Most attorneys simply do not have an extensive track record in trial. Many lawyers have actually never taken a case to a jury verdict (incredible!). We understand business. We understand the nature of business relationships and the personal relationships that often intertwine with business. What are your goals? How do you want the dispute to be resolved? Our attorneys share our real world experience, legal skill and strategies to accomplish those goals and move the dispute to resolution. The expense of dispute is directly associated to the time it takes to resolve it, as well as the extent of the potential damages involved.
If you are looking for an experienced, cost effective and successful shareholder dispute lawyer in San Diego 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.
We will help you to protect your rights as a shareholder, gain access to the information needed and hold other shareholders accountable to their responsibilities and financial obligations to you as a shareholder and investor.
Meet Daniel 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.
