I'm Thinking About Suing in a Contract Dispute

Step 1: Consider Your Contract’s Benefits and the Impact of Litigation on Business Relationships

Initially, the potential litigant should consider what benefits they expect to obtain from the contract in question, what benefits they actually did obtain (if any), and the perceived reasons why reality didn’t meet those expectations.

The potential litigant must strongly consider any personal or business relationship developed with the alleged wrongdoer and how the pursuit of litigation may affect that relationship.

Step 2: Seek Legal Advice from an Attorney with the Requisite Know-How

If, based upon that analysis, the potential litigant believes that the value of what was lost is worth the financial and emotional toll that arises from litigation, the next step would be to consult a lawyer with experience and success in handling contracts and other business disputes.

Determining whether an action for breach of contract exists is complex and nuanced. Thus, a proper decision regarding whether to pursue a civil case should not be made without obtaining an opinion from someone qualified to evaluate the merits of such an action. 

Step 3: In Consultation with an Attorney, Determine if You Have a Good Case

If a trusted lawyer believes there is a viable breach of contract action, that there is a substantial likelihood of success, and that the potential recovery is worth the time and effort involved, only then can one determine that a proper decision has been made.

Scott Carr is an attorney with Green Broillet & Wheeler law firm in El Segundo, California.

Find an Experienced Contract Lawyer and Learn More

Learn more about contract law and these types of cases, including:

• Factors in deciding to file a cause of action in regular state court versus a small claims court (including amount of money and time); and
• Alternative dispute resolution (ADR), such as arbitration or mediation, and how ADR differs from a court case or jury trial.

Visit the Super Lawyers’ directory of contract law attorneys to find legal help in your area.