I decided to write this short article based on the fact that increasingly my litigation work tends toward breach of contract cases. There seems to be a whole lot of contract breaching going on these days. And secondly I was struck by the fact that a recent client was complaining about a couple former attorneys and how they always feel overcharged or misled by all the fees.
So first – when do you go to an attorney for a breach of contract case? This is simply a business relationship gone bad, and it happens ALL the time. When two people (or more) or two companies get together to form a business relationship, it’s all excitement and dreams about how much money they are going to make. This allows for many improperly drafted contracts that don’t properly address what happens when things go south. I would of course advise having an attorney draft a proper contract that covers all the basics, but if you don’t want to spend the money then at least do a significant amount of research. There are actually a lot of free samples online that are better than nothing. But this also brings me to fees. It is sort of hard to quote someone a flat fee to draft a contract as an attorney because sometimes a contract becomes more complicated than when it started. However – it is a good idea to go with an attorney that can at least provide a range of hours along with an hourly rate. That way you know what to expect and whether or not you want to hire an attorney to do the [...]