Are you searching for an unfair business practices and fraud attorney in San Diego?  The experienced unfair business practices and business fraud litigation attorneys at the Watkins Firm have more than four decades of negotiation, mediation, arbitration and trial expertise representing victims of fraud as well as those accused of deceitful  business dealings and unfair competition practices.

What Constitutes Business Fraud?

Fraud involves deception, by its nature.  If a matter or fact is purposefully misrepresented in order to entice a party into a contractual agreement a case for fraud probably exists.

Why is fraud such an important legal standard?  When fraud is present the victim may seek not only the financial damages associated with their lawsuit, but punitive damages as well as attorneys fees.  These additional financial incentives are quite substantial when compared to simple damages, and are purposefully established by California law to discourage fraud and deceptive business practices and to punish those who fraudulently entice others into business contracts.

Alternatives to Trial in an Unfair Business Practice or Fraud Case

The Watkins Firm has more than four decades of extensive trial experience in San Diego Courts and a proven, successful track record in these matters.  We prepare every case as if it will go to a full trial, but work to resolve our cases in a timely and cost-effective manner while achieving our client’s goals and objectives.  Our unique approach to fraudulent transactions means your unfair business practices and fraud attorney at the Watkins Firm will often be able to seek a positive resolution through constructive, leveraged negotiation.  We are able to resolve the vast majority of our cases through effective, leveraged negotiation.  This is the fastest and least expensive strategy to accomplish our client’s goals, while protecting their interests.

The alternatives to a trial are mediation and arbitration.  Mediation is a confidential, private legal venue where a neutral and expert third party works between the parties to help them to find a resolution to part or all of the issues on the table.  Arbitration is a much more structured legal venue, where, much like a trial evidence and testimony may be presented or collected although many superfluous motions and other legal maneuvers are eliminated.  The job of the arbiter is to collect the facts and render a decision in the matter which is final.

The Watkins Firm represents our clients in initial leveraged negotiation, as well as through the filing of a lawsuit, and the legal venues of settlement conferences, mediation and arbitration.  Our skillful attorneys have extensive experience in these venues and are able to positively contribute and influence the outcome to ensure a resolution that meets our client’s objectives.  When necessary, we will take the matter before a San Diego court and aggressively represent our client’s interests.

Pro-Tip: “What is an unfair business practice? A better question might be: what would not be an unfair business practice? Because it seems to be in every lawsuit that we defend, when you are sued for sexual harassment, you’re going to get sued for unfair business practices. If you’re sued for any type of fraud in the business arena, you’re going to get sued for unfair business practices. You sue them for unfair competition… You’re going to get sued under our Business and Professions Code section 17200 and 17500. And there in between, there are many, many laws talking about what’s unfair and what you can sue for. And it seems to cover everything. It seems to be included in almost all lawsuits, and it has an attorney’s fees clause.

Let’s look at it from two perspectives. If you are being sued by like someone you’re dealing directly with and they say, ‘well, what you’re doing is gaining an unfair business practice over me, you’re violating my rights,’ that’s a direct unfair business practice. If the person across the street is in business and it’s similar to yours and they’re doing things that are affecting your business to their advantage and your detriment, that could be an unfair business practice.

So as broad as it is, and as as many large and small examples as it has, it’s important to see your lawyer at the Watkins Firm. When you’re in business and you have contracts, this is a big way people get in trouble. They put things in their contracts that are deemed to be an unfair business practice. And those can be anything from how they price, how they pay their employees, how they advertise, how they labeled their products. All those things can turn into unfair business practices and a cause of action, resulting in a lawsuit.

Misuse of power is another example of ‘I have power over you in one form or another and I’ve abused that privilege.’ How does that come into play in these types of actions? When you have a superior negotiating position and you enter into an agreement or a relationship in business, and it turns out that you’re getting an unfair advantage over it, in addition to the unconscionable, unfair fraud cause of action, you’re going to get this unfair business practice cause of action. And it’s going to say that the terms of the contract should not be held against me. And you’re going to get a list of about 12 causes of action and one will be this unfair business practices. And if they can make that stick, then they get all their attorneys’ fees. Your risks are exceptionally high, and you need an experienced, proven, effective attorney to pursue and/or protect your interests.” – Dan Watkins, Founding Partner

Proven Unfair Business Practices Attorney in California

Are you searching for a proven unfair business practices attorney here in San Diego or anywhere in the State of California?  Have you been accused of unfair business practices or fraudulent business activity?

If you are concerned about fraud or unfair business practices in the context of business litigation we invite you to review our podcast Episode 25 – Unfair Business Practice Overview as well as the strong recommendations of our clients and contact the Watkins Firm or call 858-535-1511 for a complimentary consultation today.