Commercial Litigation
Every business has disputes. They are a fact of life. There is only one way to judge how successful your solicitors are at solving your business dispute problems. That is how quickly they are able to bring disputes to a satisfactory end. In extreme cases, where the other side is unwilling to settle at all it may be necessary to proceed to trial as quickly as possible to obtain a successful outcome. In the vast majority of cases however it takes skill and effort to force the other side to see reason and attempt to resolve the matter without proceeding to trial.
Our rates are generally 20% lower than the rates charged by most commercial law firms.
A Western Australian Supreme Court judge recently said that if an action proceeds to trial in the Supreme Court of Western Australia then that means lawyers have failed. Of course, it takes two to tango and if the other side's solicitors are refusing to dance it can be difficult to attempt to resolve a dispute. It is never however impossible.
Successful commercial dispute resolution can only occur when your solicitors have the following skills:
- thorough knowledge of the commercial legal issues involved;
- substantial commercial experience and the ability to offer practical commercial advice in conjunction with accurate legal advice; and
- flexibility and the ability to see the wood from the trees as opposed to engaging in semantics that produce no result, involve unnecessary hours and unnecessary expense.
Litigation can be expensive. The risks are high. Litigation Solicitors know this. All options of settlement need to be explored as early as possible. Smart clients will ask their Litigation solicitors questions as to how they propose attempting to settle a dispute at the same time as obtaining legal advice as to the chances of success of litigation. Some Perth law firms give lip service to the procedures involved in commercial dispute resolution or fail to give practical examples of how they work to increase the prospects of a settlement.
At Aherns we believe that strong legal advice at the beginning of a dispute, in some cases backed up by an opinion from one of our select group of Barristers can be the most cost effective means to conduct commercial dispute resolution in full knowledge that you are advised of your chances of success in a legal action if the matter progresses to trial.
