Business and Civil Law
Do You Own a Small Business and are Unable to Pay Your Bills?
With the drastic changes in the Maryland economy due to the pandemic, many small businesses are needing to seek protection from their creditors under the bankruptcy laws. We can help. There are several different types of bankruptcy. We can help you choose the right plan for your situation, and will help you get a fresh start. Call today!
Business Attorney Rockville, MD
When you retain the Law Office of Daniel J. Wright to represent your interests in any business issue or civil matter, you are tapping into his track record of more than 35 years of success in arguing cases before judges and juries.
Experienced Guidance In Business Law Matters
Business law issues and concerns can be very complicated, invoking numerous aspects of your firm’s overall business strategy and potentially involving numerous state and federal laws. If you own a business, or are self-employed, the best way to protect your business’ assets and its future – while shielding yourself from personal liability – is to work with an experienced business lawyer Rockville, MD residents counts on.
Located in Rockville, Maryland, attorney Daniel Wright has more than 35 years of experience negotiating commercial contracts and protecting his clients’ interests during litigation. He brings his knowledge of business and finance to the table to help his business clients grow and avoid pitfalls. His business law services include:
- Contract negotiation, review and drafting, including vendor contracts, partnership agreements, shareholder agreements and employment contracts. It is Mr. Wright’s firm belief that strong contracting is the best way to minimize risk and potential liability. When developing contracts, he makes sure every i is dotted and t is crossed, and uses clear, concise language to protect his clients’ interests.
- Business litigation is an unfortunate, but common, part of every business venture. Contract disputes, commercial property disputes, tortious interference claims, and disagreements between partners and shareholders can cost businesses time, money and damage their reputations. As one of the Top 100 Trial Lawyers in the state, Mr. Wright is known for his ability to effectively resolve business disputes while protecting his clients’ interests.
Advocating For Your Interest In Civil Disputes
In addition to offering a business lawyer in Rockville, MD, we also represent clients during civil disputes, including:
- Collections
- Real estate disputes
- Commercial landlord-tenant disputes
- Personal injury cases, including car accidents
- Other civil matters
What is Discovery in a Civil Case?
Discovery is one of the most important aspects of a civil case. It is often overlooked by self-represented litigants, or its importance is not well understood, so it is worth taking a deeper look at it.
A civil case is normally started when one side or the other files a complaint with the clerk of courts. This is followed up by having the defendant(s) served with a copy of the complaint and an order from the court directing them to answer (this is called a summons). After those formalities, the case usually enters a phase called discovery, during which both sides use various legal tools to learn about the strength of the other party’s case, and strategically to gain an advantage over the other party.
There are a number of possible tools or methods that can be used. Parties can usually send a limited number of interrogatories, or questions, for the other side to answer. These would usually include asking for their version of the facts, a list of any witnesses they may seek to offer, and an itemization of any economic loss or calculations. One key is that any witness not listed in response to interrogatories may not be able to testify at trial. Further, if a party testifies at trial differently than they answered their interrogatories this can be useful for impeaching them on cross-examination.
Another form of discovery is a request for production of documents. An RFPD is a means of forcing your opponent to disclose documents in his or her possession, as well as a means to limit the proof at trial. Again, if a party fails to disclose documents in response to an RFPD the court might refuse to allow him or her to enter the document into evidence at the trial. For this reason, it is normally a good idea to ask the other side to produce any document they intend to introduce at the hearing. If they stonewall in discovery, it may come back to haunt them later.
A third form of discovery is a request for admissions. Although not used as often as interrogatories or an RFPD, requests for admissions can be useful in forcing your opponent to admit to the authenticity of documents or tangible evidence. In most jurisdictions, if a party fails to respond within a certain time period to requests for admissions, they are deemed admitted automatically.
Perhaps the most interesting and useful form of discovery is the deposition. A deposition is where a party (or witness) is called to a conference room where a court reporter is present and asked questions while being recorded and under oath. The transcript of the deposition can be introduced at the trial. It is useful in pinning down an opponent to a particular position, learning how they are going to testify (sneak preview of the trial), and seeing how the witness responds to various forms of questions. Most witnesses open up after a while and converse freely with their questioner. It is often the best way to learn about an opponent’s case.
A skilled business lawyer Rockville, MD residents count on will likely tell you that although there are other methods of discovery, these are some of the most common techniques. Over the years, most trial attorneys have found that pursuing discovery aggressively is a sound, if often overlooked, trial strategy.
Serving Montgomery County Business And Civil Clients For More Than 35 Years
Effective Strategies For Resolving Business Disputes
At The Law Office of Daniel J. Wright, your premier Rockville, MD business attorney, we specialize in guiding businesses through the complexities of dispute resolution. Our approach combines legal experience with practical strategies to effectively manage and resolve business conflicts.
Early Identification Of Issues
Early recognition of potential disputes is key. By monitoring contract compliance and communication, you can identify issues before they escalate. Regular reviews of contracts and business interactions help in pinpointing areas of concern, allowing for proactive measures to resolve disputes amicably.
Open Communication
Maintaining open lines of communication is crucial in managing disputes. Encouraging dialogue between parties can often lead to a mutual understanding and resolution. It’s important to listen actively and empathetically, ensuring all parties feel heard and valued.
Utilize Mediation And Arbitration
Sometimes, a neutral third party can facilitate resolution. Mediation and arbitration offer less formal, more cost-effective alternatives to litigation. These methods often lead to faster resolutions and help preserve business relationships.
Understand Legal Rights And Obligations
Knowing your legal rights and obligations is essential. This knowledge provides a solid foundation for any discussions or negotiations. It’s important to stay informed about the legalities surrounding your business operations to make informed decisions during disputes.
Documentation And Record-Keeping
Maintain meticulous records of all business transactions and communications. This documentation can be invaluable in dispute resolution, providing clear evidence of agreements, conversations, and transactions. Well-organized records streamline the process of proving your position.
Seek Professional Advice
Don’t hesitate to seek professional advice. A Rockville business attorney can offer invaluable insights and strategies specific to your situation. Professionals with experience in this area of practice can guide you through complex disputes and help protect your business interests.
Develop A Conflict Resolution Policy
Implementing a conflict resolution policy within your business can streamline the dispute management process. This policy should outline clear steps for addressing disagreements, including escalation procedures and designated mediators. A well-crafted policy not only aids in resolving current disputes but also sets a precedent for handling future conflicts efficiently.
Leverage Negotiation Skills
Effective negotiation is a cornerstone of dispute resolution. Focus on finding a win-win situation where both parties can find some level of satisfaction. Techniques such as active listening, empathetic understanding, and creative problem-solving play a vital role in achieving successful negotiations.
Stay Focused On Business Goals
During disputes, it’s easy to get sidetracked by emotions or minor details. Keep your business objectives in focus. This perspective helps in making decisions that are in the best interest of your business’s long-term goals, rather than getting mired in the heat of the conflict.
Maintain Professionalism And Ethics
Uphold high standards of professionalism and ethics at all times. This approach not only aids in resolving the current dispute but also protects your business’s reputation. A professional demeanor fosters respect and can often lead to more amicable dispute resolutions.
Consider The Impact On Relationships
Business disputes can affect relationships with partners, employees, and clients. It’s important to consider the long-term impact of any dispute resolution strategy on these relationships. Preserving and nurturing these relationships can be as crucial as resolving the dispute itself.
Stay Informed About Industry-Specific Regulations
Different industries have unique regulations that can impact dispute resolution. Stay informed about these regulations to ensure that your resolution strategies are compliant and effective. This knowledge not only helps in current disputes but also in preventing future ones.
Contact Our Office Today
At the Law Office of Daniel J. Wright, we’re committed to helping you through the complexities of business disputes. By implementing these strategies, from developing a conflict resolution policy to staying informed about industry-specific regulations, you can effectively manage conflicts and maintain your business’s integrity. Our team is here to support and guide you through these challenges. Contact us today for legal assistance in safeguarding your business interests.
Our team is dedicated to supporting businesses in effectively managing disputes. Remember, early identification, open communication, mediation, understanding legalities, thorough documentation, and seeking professional advice are your keys to success. As your Rockville business attorney, we’re here to help you navigate these challenges. Contact us today to learn how we can assist in safeguarding your business interests.