Attorney’s Fees for the Wrong of Another
Most states, including Colorado, follow the American Rule when it comes to awarding attorney’s fees. This means that attorney’s fees are not awardable to the winning party in a lawsuit unless a contract or statute allows it. Attorney’s fees are also awardable for certain constitutional claims. The doctrine of wrong of another is a further…
Can I sue a dissolved company?
A dissolved company can be sued. Under C.R.S. §7-80-803, a dissolved limited liability company continues in existence for the purpose of winding up its affairs and discharging of liabilities. Corporations similarly continue their existence for winding up the affairs of the company. The dissolution only prohibits the company from engaging in future transactions – not…
Frivolous Lawsuits Defense
For a small business a frivolous lawsuit is not just a nuisance. If it’s not handled competently and efficiently – it can significantly impact profitability. There have been several noteworthy frivolous lawsuits reported. People contesting the authority of the U.S. Government to levy an income tax (the 16th Amendment is pretty clear on this). The lawsuit…
Business about to be sued? Here’s what to do.
Don’t panic. I’m not sure there are many situations where falling into a panic is useful. But, it’s definitely not helpful if you think you’ll be sued. Keep a level head. You’ll get through this. Don’t be an Enron. In the days leading to the collapse of the energy and commodities behemoth Enron, the company and…
Why I Don’t Write Demand Letters
Occasionally, a potential client calls me and asks if I would “just write a demand letter” to the recalcitrant company or person on the other side of a dispute. I don’t do this. When I’m hired to pursue a claim for a client, I will rarely send a demand letter before filing the lawsuit. The reason is simple: it’s a waste of time and frequently puts clients at a disadvantage.
Contingency Fees and Business Litigation
A Fortune 500 company may have a sizeable legal department and a significant budget for legal expenditures. Most small businesses don’t have legal departments or budgets to hire lawyers to pursue legitimate claims. I frequently talk with small business owners about a potential lawsuit but they’re weary of pursuing it because of the cost of…
