Business Lawyer in Cape Girardeau
Missouri business laws are complicated, and lawsuits can be costly and disruptive to your business.
Fortunately, a business lawyer at the Birk Law Firm is available to protect your business, put systems in place that make litigation less likely, and fight for your rights if a lawsuit is brought against you or you must bring one against someone else.
If you own a business, the last thing you want to have to deal with is a lawsuit. Unfortunately, we live in a litigious society, and there are unlimited situations where someone may bring an unwanted lawsuit against you – or when a reason arises to bring a lawsuit against someone else.
Whether you are dealing with competitors, suppliers, employees, or the public, accidents can happen and disputes may arise. There may be times when someone unjustly tries to hold you responsible for damages, or you have to seek justice against another party for damages they caused you to suffer, and a lawsuit is necessary. Whether you are trying to set up practices to help avoid litigation in the first place or dealing with a potential lawsuit, it helps to have an experienced business lawyer on your side.
At Birk Law Firm, our business lawyer in Cape Girardeau offers a free consultation to discuss any of your business issues and show you how we can help. Call us today at 573-332-8585.
Business Attorney Preventing Problems
It is far better to prevent disputes from happening than to have to deal with litigation when a problem arises. To lessen the chances of disputes and litigation, it makes sense to focus on the contracts you create and agree to in the course of carrying out your business.
At the Birk Law Firm, our business attorney can advise you on what contracts you need for your business situation and make sure contracts are drafted correctly and are legally binding and enforceable. We can review your existing documents and revise them, if necessary, to comply with Missouri law. If the contract is breached by the other party, our attorneys will be there to defend your position in court if necessary.
The following are types of contracts that most businesses should have:
- Employment contracts and agreements for all employees and independent contractors. Contracts should include confidentiality, non-disclosure, and non-compete agreements. This can prevent problems such as having disgruntled employees leave your business and steal customers or clients, or go to work for themselves or your competitors. Be aware that the IRS uses three factors to determine whether a worker is an employee or independent contractor, based on your business relationship and whether you control what the worker is doing and how the worker is paid.
- Lease agreements that clearly state landlord/tenant rights and responsibilities. If it is not in writing, the landlord may claim it is not their responsibility to fix problems or deal with issues.
- Partnership, franchisee, and ownership agreements. In all agreements and documents, rights and duties need to be clearly enumerated to prevent situations such as being unable to get a fair settlement when buying out or selling to your business partner.
- Sales contracts, such as bills of sale, return policies, and warranties.
- Insurance agreements and contracts that state premiums, requirements, and what will or will not be paid under which circumstances. Insurance companies often try to deny claims or pay out as little as possible, so your contract must spell out what you are entitled to.
You can avoid future legal problems by getting help from an experienced business attorney in Missouri to draft your contracts or review those you already have. Give us a call to discuss your contract needs.
Missouri Business Attorney Help When Disputes Arise
Despite your best efforts, business disputes may arise at any time, and dealing with a lawsuit is unpleasant, costly, and likely to be disruptive to your business. At the Birk Law Firm, our attorneys attempt to resolve business disputes without litigation, if that is your goal. However, we are prepared to go the distance to obtain the results you desire.
When it comes to business litigation, case development is essential to be effective. We move quickly and aggressively on your case so that the other side takes us seriously and knows that we are prepared for trial and will do whatever it takes to get your dispute resolved.
Issues a business law attorney at Birk Law Firm can help with include:
- Shareholder, member or partner disputes – Business disputes often arise after the original owners of a business pass away and the new owners are unacquainted with each other but find themselves in business together. Disputes may also arise if one partner suspects problems such as improper spending, unjustified expenses, mismanagement, theft, or embezzlement.
- Breach of contract — When a contract is breached, the non-breaching party may sue for damages, which can include:
- Compensatory damages for monetary losses due to the breach
- Liquidated damages if these were set out in the contact
- Specific performance instead of a monetary amount.
- Employment contract disputes – If an employee or employer breaches the terms of a written contract agreement, a lawsuit for damages may result. We can help you create legally enforceable contracts and defend you against any contract claims.
- Dispute settlement or litigation for any size business – We will try to settle out court through negotiations, but will take your case to trial if necessary.
- Construction law — including labor issues, mechanic liens, contracts, dispute resolution and litigation.
- Contract negotiations – we can help negotiate contracts with employees, vendors, landlords and customers, and defend your business if violations occur.
- Creditor rights — we will help you legally reclaim what is owed to you.
- Lease dispute – we will help you develop lease agreements that protect both landlords’ and tenants’ rights, and defend you should disputes arise.
- Shareholder, member or partner leaving the business – we can help settle any dispute with remaining shareholders, members or partners
- Product liability lawsuits —we will defend you if something goes wrong with a product you manufactured or sold.
- Premises liability lawsuits — if employees and customers are injured in your place of business.
Call Birk Law Firm at 573-332-8585 for advice from our business litigation attorney if any business dispute or litigation situation arises.
Our Business Lawyer in Cape Girardeau Handles Litigation Procedures
When the need for litigation arises, our Cape Girardeau business lawyers prepare your case rigorously, from the discovery process to case management and trial preparation. We know that your case is of extreme importance to you, and we treat it that way. We will work closely with you to explain what is going on and what to expect all through the legal process.
The following are the steps and procedures that business litigation typically involves:
- Free consultation: When a problem involving potential litigation arises, we provide a free consultation. We will discuss the facts of your individual situation, evaluate your case, and determine the best way to proceed.
- Gathering evidence and information: We examine all documents and information you have relevant to the case, such as files, emails, notes, letters, contracts, and photographs.
- Filing or responding to a lawsuit: If the situation warrants, we will file a lawsuit against an offending party or respond to a case that has been filed against you.
- Going through discovery: Once a lawsuit has been filed, the discovery process begins. Each side learns what the other side knows about the case by taking depositions and requesting documents and answers to written questions. Our attorneys will help prepare you to deal with the process and be there during the deposition.
- Negotiations: In most situations, it is better for all parties to settle civil lawsuits out of court. Our lawyers will let the opposition know you are serious and negotiate with their counsel to attempt to reach a settlement that is acceptable.
- Trial: If a settlement cannot be reached, our attorneys are prepared to take the case to trial.
Experienced Business Litigation Attorney Responsive to Your Needs
A business dispute leading to litigation can have a devastating effect on your company. A disagreement over a contract can cost you valuable customers or employees, delay a project, or destroy a business venture. Litigation that drags on for a long period of time is costly and can affect your bottom line.
At the Birk Law Firm, we work to reach a settlement that resolves your issues efficiently. We get to know you and make sure our case management is aligned with your business goals. We have purposely remained small so that we can be responsive to our clients’ needs and turn around a case quickly. As a businessman, CPA and attorney, Kelvin Birk knows what is on the line for you. We can take on simple disputes or complex litigation.
One example of the many business disputes Kelvin Birk has handled is the split-up of a business in Southeast Missouri. In this case, one owner desired to exit the business and the other owners desired for the exiting owner to leave, but the shareholders disagreed vehemently over the value to be paid to the exiting owner. We were able to achieve a satisfactory result for our clients in the protracted litigation. We will fight to do the same for you.
Call Our Business Lawyers for Help with All Your Business Legal Needs
From startup companies to established businesses, the Cape Girardeau business lawyers at the Birk Law Firm are prepared to help you with all aspects of business law. We can help with the formation of your company, to make sure you get things right from the start and lessen the chances of having to face litigation. We can help you avoid problems if you are considering the sale or purchase of a business or are dealing with employee or partner issues. We will be at your side when dealing with any business transactions to make sure they are done in a fair, proper, and legal manner to avoid potential lawsuits.
Business law attorney Kelvin Birk understands the pressures business owners facing litigation are under, and our legal team is fully prepared to help. We work closely with our clients to take the burden off you by handling all your business legal needs. We are here to provide support and guidance throughout all your legal processes.
Call us today at 573-332-8585 to discuss your individual business law situation and let us show you how we can help.
ALL YOUR LEGAL NEEDS
Why Choose Birk Law?
Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.
Our clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.
We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.