Successfully resolving disputes for members of your LLC requires experience, legal skill and a commitment to accomplishing the goals and objectives of the client. When members of an LLC are in dispute the proven business dispute resolution attorneys at the Watkins Firm work to successfully resolve the matter in a timely and cost-efficient manner.
Disputes between members of an LLC are often rooted in deeply personal relationships. It is quite common for members in an LLC to be family members or close friends outside of work, perhaps for years before starting the business. The attorneys at the Watkins Firm understand the importance of these business, social and family relationships and work to preserve and when possible repair the underlying relationships while resolving the dispute at hand.
Resolving disputes for members of your LLC often lies in existing understandings and even agreements regarding roles, responsibilities and performance. One party may feel like they are contributing much more to the success of the company, or that another member of the LLC is incapable or slacking in their responsibilities. Some LLC disputes involve questions of suspected theft or commingling of assets and funds.
The attorneys at the Watkins Firm take a unique approach to dispute resolution. We work to negotiate a resolution between the parties, and this is the manner in which the Watkins Firm as able to resolve the vast majority of LLC membership disputes. Negotiation is the fastest and most economical path to dispute resolution.
Pro-Tip: “We want to get the facts down and we want the evidence they have in chronological order, because that’s the best way to communicate to a third party, to anyone is in chronological order. That’s how we think. Then I want to help our clients analyze the damages. Do you feel like they owe you something, they’re not complying with the agreement or vice versa? We not only want to help analyze the damages, we also need to analyze what it’s going to cost to fight. And also look at the potential for future business, whether we can salvage this relationship, all of those important things should come into play. Sometimes we’ll even advise our clients how we would think about it and then let them go talk to their partner or whoever they’re dealing with on their own armed with our knowledge and our negotiation technique.
They are married to the dispute. So they’re married to every little fact. And if they have any kind of good business skills, we can coach them give them the law in layman’s terms so that when they negotiate, they’re negotiating with the knowledge of what we would say and even more facts. So they can actually be better than us.
Knowing the facts, the damages, the law of the damages is key, because that gives you and your lawyer the ability to predict what would happen if you went to trial tomorrow and you won, what would you win? That’s it, that’s the number. Because in civil court, we’re only seeking dollar amounts, the path for getting to resolution, and understanding human nature. We cannot just go in there and say, ‘here’s the right number. Here’s what I’ll settle for. I’m done talking that doesn’t work.’ It should. Okay. We believe we’re, we’re all intelligent people. And if we all are intelligent people, we should be able to look at the facts. If we agree on the facts, apply law and come up with the exact same number. Like it’s an accounting problem, but it doesn’t work that way. People are not wired that way.” – Dan Watkins, Founding Partner
Mediation is another option when the parties have principled disagreement, or when one of the parties is acting in an unreasonable way. Some operating agreements specify arbitration as a venue for dispute resolution for members of an LLC. The Watkins Firm has extensive experience representing members of an LLC in mediation and arbitration and ultimately achieving a successful resolution of the dispute based upon our client’s goals and objectives.
If you are searching for an attorney with proven experience in resolving disputes for members of an LLC we invite you to review the strong recommendations of our clients and the legal industry and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.