What is a Breach of Contract?
A breach of contract occurs when one party to the contract fails to perform their obligations under the agreement. A breach can be minor or substantial and can be either a material breach or a minor breach. Whether a breach is major, minor, or material, it is almost universally a bad sign. A breach of contract mateiral enough to cause a serious detriment to the harmed party is the sort of thing that every possible legal remedy should be sought to make the victim whole for. A minor breach is the sort of thing that usually isn’t worth going to a lawyer over in Florida (or anywhere else). A minor breach may not be a serious enough detriment to justify hiring an attorney and taking the time and money to see the dispute through the courts or an alternative dispute resolution forum. If the breach is a serious detriment, it may be worth it to hire a Florida contract lawyer. A material breach is a breach severe enough that the aggrieved party is entitled to almost any sort of remedies permitted by the law. A breach that is a material detriment is one that almost requires a consultation with a Florida contract lawyer .
Ordinary Breach of Contract
This is likely the simplest and least litigated sort of contract breach – the general failure to perform something in a spoken or written contract. Maybe it was supposed to happen before the contract was signed. Maybe the contract is poorly worded and has gaps that are reasonably given credence by the parties – they’re an ordinary breach of contract. It’s the simplest way to sue for breach of contract without actually having a breach. The Florida courts have made it clear that such things aren’t actually breaches of contract, and generally won’t hold people to a brilliantly written contract that is understandable by anyone if they don’t sign it.
Minor Breach of Contract
A minor breach of contract lawsuit is a breach that is not a major detriment to the life or business of the party harmed. In general, this means a minor monetary issue, a small delay, or another small hiccup in whatever consideration was trading hands under the contract. This is the sort of dispute that simply isn’t worth engaging with a good Florida contract lawyer.
The Importance of Hiring a Breach of Contract Attorney
In a breach of contract claim, lawyers are crucial to managing the litigation. Attorneys also can play an instrumental role in avoiding litigation before it becomes necessary. Breach of contract lawyers are experts who provide indispensable services before, during, and after a lawsuit is filed. Attorneys provide valuable guidance throughout the lifecycle of a contract or business deal. Negotiating terms and reviewing the final document before signing helps make sure all parties understand their obligations under an agreement. If there is a dispute about whether a contract has been violated or if one party is simply accused of breaching the agreement, attorneys can help by reviewing the facts of the case. Attorneys will walk you through the various claims available, such as whether the claiming party suffered damages, or if the breach did not cause any measurable harm. They will explain the significance of what actually occurred. If litigation can be avoided through negotiation, attorneys will review the contract terms and settlement proposals to ensure those terms are fair. If the dispute does proceed to court, attorneys will be there to handle every stage, from filing the summons and complaint to handling discovery and cross-examinations at trial. It is important to have legal representation because, without an attorney, you can’t file a breach of contract action. If you try to represent yourself, you will not be able to communicate with the court, opposing counsel or witnesses. You will not be able to present factual evidence in support of your case. Having an attorney on board is essential.
Characteristics of the Best Breach of Contract Attorneys
3. Strong Communication Skills
Effective communication is essential in every aspect of a lawyer-client relationship, which is why the best breach of contract lawyers are those who are responsive and forthcoming about their work (rather than keeping you in the dark for the entirety of the process). During your initial consultation, pay attention to how clearly your attorney explains your legal options. Are they confident and knowledgeable without being defensive? Do they ask you questions and truly listen to your answers? Are they able to communicate the complex facts of your case in a way you can understand? These aspects can be great indicators of their ability to make sound legal arguments in the courtroom. During your case, you should have an attorney-client relationship built on mutual respect, trust, and cooperation, which means that your attorney should be able to adapt their communication style to meet your needs (whether you want them to be hands-on or take a more reserved approach). A top-notch breach of contract lawyer should also keep you updated about your case throughout every stage of the legal process and be proactive about alerting you to any potential problems that might arise.
4. Client Testimonials
Nothing speaks more highly of an attorney’s ability than a collection of client testimonials. When you find a breach of contract attorney that looks promising for your unique case, be sure to read some of these testimonials to get a better idea of their level of service, responsiveness, professionalism, and whether or not they have a history of good case results (e.g. they come highly recommended by the people they have already represented). For example, at Howard Jai Paul & Associates, our Brooklyn breach of contract lawyers have received over 600 five-star reviews on Google and are rated 10 out of 10 on Avvo, a popular attorney rating site.
How to Choose the Top Breach of Contract Attorney
Finding the right breach of contract lawyer can seem like an overwhelming process. It is crucial to hire a breach of contract lawyer that you are confident in. With these practical steps, it is easy to find a lawyer that you can trust to take on your case with confidence.
The first step to finding the best breach of contract lawyer for your specific needs is by researching law firms in your area. You can do this by searching online, or asking for referrals from people you trust. Creating a list of potential lawyers in your area is the first step in the process of hiring a breach of contract lawyer.
The next step is to check the credentials of each of the potential lawyers. Law firms should have credentials listed on their website, but you can also call the law firm and speak to a representative who should be able to help you with your specific needs. Knowing some background about the lawyer and their successful cases in the past can help narrow down your list of potential breach of contract lawyers.
Another good way to narrow down the potential breach of contract lawyers is by reading reviews of past clients. Read through the reviews of clients, and don’t hesitate to ask the lawyer for reviews that offer specifics about the situation. You want a lawyer who will handle your specific needs with care and compassion. Reading online reviews will help you to get a feel for how that particular lawyer works.
If you follow these steps, you can rest easy knowing that you have done a good job finding the best breach of contract lawyer out there.
Questions to Pose to Potential Breach of Contract Attorneys
The attorney-client relationship must be built on a foundation of trust, and you cannot put your faith in a potential breach of contract attorney without building a solid rapport with him or her. The questions you ask will tell you whether your candidate has experience and confidence handling the case, and whether the working relationship can be positive.
Below are some examples of the types of questions you should ask a prospective attorney:
How much will your services cost? Although most law firms offer free consultations, prospective clients should be careful to clarify the fees involved. It is not unusual for an attorney to ask clients to pay a retainer, which is paid even if the case never proceeds. You are entitled to know how the attorney charges for services, be it by the hour, by the day, a flat fee, for each phone call or email, etc. Such payments should be discussed as well: Does the firm bill per minute for phone calls? If you send a five-minute email, is that counted as a call? What about longer emails? Can the billing be delayed until settlement money is received, or does the firm expect payment right away?
What is your strategy? It is good to know that the lawyer has some ideas that might be worth exploring . Each breach of contract case is different, but there are generally some approaches that are more effective than others. A firm should have a clear strategy in mind for you, and be prepared to explain the reasoning behind it. This can also provide insight as to how the firm operates, and whether the strategy fits with your way of addressing such matters. If, for example, you intend to be aggressive in establishing your position, you do not want a firm that proposes a peaceful "meet in the middle" type of approach.
If the firm does not have any immediate ideas about how to proceed, that could be a sign that particular firm is not right for your situation. That said, this does not mean the firm should have all the answers right away. Things may change during the course of negotiations or litigation, and a lawyer should be flexible enough to adjust the strategy accordingly. If the strategy goes off-track, the lawyer needs to be able to identify the problem as well as how best to fix it.
Hiring a Breach of Contract Lawyer: Understanding the Expenses
Breach of contract lawyers, like most lawyers, often operate on an hourly rate. You will have the opportunity to explain the matter to the lawyer, listen to the lawyer’s advice and strategy as to how to proceed, and then make an informed decision about whether to hire the lawyer. This first step is the meeting between the client and the lawyer and should be free of charge. You should expect nothing in return except an honest answer as to your likelihood of success if you pursue the case.
Once you and the lawyer agree to proceed, you will be asked to sign an engagement letter that explains the hourly rates of the various lawyers and staff, describes how and when you must pay your fees and the consequences of any late payment or non-payment, and states that the lawyer has a lien on the file and the ultimate check for the case as security for their fees and expenses, effectively giving the lawyer the right to collect their fees and expenses out of any money recovered for the client.
After the initial meeting, you will be billed at a client’s hourly rate on a monthly basis. If there is a large expense in a single month, such as a deposition or a motion to dismiss, you may be required to deposit an amount in trust in advance of the event. In some cases, the lawyer will front these expenses, or agree to pay a certain number of expenses in order to allow clients to better afford them.
Some lawyers prefer to charge by the hour while others will "unbundle" services and provide flat fees for different parts of the work being provided. Depending on the case, a flat fee may be more attractive to clients, or it may be more attractive for the lawyer. Lawyers also offer contingency fee arrangements with no upfront fees, whether it is on the back end (fees owed from funds the client receives), or the front end (fees owed only if the case is unsuccessful). Each arrangement has its own rules, pros and cons, and can be agreed to by mutual consent of the lawyer and the client ahead of time.
What to Anticipate During the Legal Process
For those of you who have been forced into litigation over a breach of contract, you likely have a lot of questions. Although I can’t answer them all here, hopefully, I can properly set your expectations on the general litigation process so that you know what you’re getting into.
Most, if not all, breach of contract cases in Pennsylvania are started with the filing of a complaint in the proper court. In a couple of counties, this is initiated in the court of common pleas. In most others, it is initially filed in what is referred to as a Magisterial District Court. Most every county has both of these levels in its court system. I will draw from the rules for the latter as they are a little more detailed than the first: in order to prevail upon a breach of contract action, the person suing must show: 1) the existence of an enforceable contract; 2) the defendant’s breach of that contract; and 3) damages caused by the breach.
That sounds simple enough. The way you prove each of these elements to the court is where the rubber hits the road. Also, remember that the fact that you have suffered damages does not mean that the defendant will be found liable. The contract needs to bear liability for the events in question and it is not uncommon that a court might find that the contract does not address the event in question.
In addition, a good contract lawyer will work to fully document and investigate the situation before filing suit to increase the odds of success. Once a case is filed, at least up until trial, there is usually a considerable amount of written and oral practice either in pre-trial motions or through discovery. Discovery is the process of obtaining information from the opposing party in advance of trial. It often includes requests for documents between the parties, depositions of the opposing party or third parties, and potentially expert witnesses. This specifically means that if you bring a breach of contract claim against someone, they will likely investigate you through this process (don’t be surprised if depositions are taken of yourself, family members, employees, etc.). An associative duty of all parties to a lawsuit is to supplement their discovery responses as the litigation proceeds. For example, if in the middle of a lawsuit, you find documentation that is responsive to either party’s prior requests for records, you are likely required to supply that information to the other party without their having to ask for it.
Once discovery is complete , it is common for parties to file motions with the court instructing it to hold the other party to the terms of the contract, especially in cases that are black-and-white and are ripe for a summary judgment motion (a case that is clear enough to be decided without requiring a trial). These customary motions include a Motion for Summary Judgment, a Motion to Compel, a Motion in Limine, and a Motion for Judgment on the Pleadings. A Motion for Summary Judgment is usually accompanied by affidavits or evidence that are intended to demonstrate that there is no question that the other party breached the contract and that the claimant is entitled to its compensation. A Motion to Compel occurs when discovery is not going fast enough, or when one or both parties are refusing to properly respond to the discovery requests of the other party. A Motion in Limine is a request to the court to limit issues at trial, i.e. preventing out-of-court statements of hearsay from being entered into evidence at trial. Finally, a Motion for Judgment on the Pleadings is a way of asking the court to make a judgement without requiring any oral testimony. The Court can grant a motion such as this even in the presence of disputed facts and can be brought at almost any stage in the case.
If a case does not resolve as a matter of law, it can still settle before it actually goes to trial. At any time during the litigation, Parties may chose to settle the case. A good attorney will use his or her skill and knowledge to help you value the case. In addition to considering the potential recovery from an appealing judgment, the parties should consider the costs of litigation and the risks associated with a trial. A trial is a costly endeavor, requiring witnesses, experts, depositions, exhibits, venues, court reporters, etc. Even after trial, the litigation is not over: if the losing party files an appeal, then the proceedings will continue for 1-2 more years, and usually at much higher costs than the initial trial. As such, it is critical to get a valued assessment of your case from your attorney, if for no other reason than to understand the costs associated and the probabilities of winning at trial.
Finally, if a party has been found to be in breach of contract, they may be ordered to pay your costs and attorney fees, depending upon the controlling law and the terms of the contract. In almost every case, litigation is not the fault of either party, and with the right attorney advising each party may be able to work out its differences without wasting the Court’s time.