Breach of Contract

[Electra]

My company is on the verge of suing someone for breach of contract. Still talking to my attorney. I was wondering whether anyone has had this experience..and did it turn out ok for you?

[tony404]

what did they not do?

[pornlaw]

It always works out for me... Sorry couldnt resist...

Good luck. Litigation sucks even for the lawyers. But we are the only ones that profit from it. Reconsider litigation if you can and resolve the issue.

If you have never been through litigation, its costly, its tiresome, and you never will feel victorious.

I tell people there's no justice in a courtroom. If you want justice, that's a statute in front of the courthouse you can take a picture next too.

[tony404]

Originally Posted by pornlaw

It always works out for me... Sorry couldnt resist...

Good luck. Litigation sucks even for the lawyers. But we are the only ones that profit from it. Reconsider litigation if you can and resolve the issue.

If you have never been through litigation, its costly, its tiresome, and you never will feel victorious.

I tell people there's no justice in a courtroom. If you want justice, that's a statute in front of the courthouse you can take a picture next too.

Well said Micheal. Im on the board of my condo and we are dealing with tons of legal bullshit.Its so true.

[Hell Puppy]

Originally Posted by Electra

My company is on the verge of suing someone for breach of contract. Still talking to my attorney. I was wondering whether anyone has had this experience..and did it turn out ok for you?

take what pornlaw said to heart. court sucks. make sure the juice is worth the squeeze.

you've got an attorney already, that's good. he/she should be able to tell you how binding the contract is. rare that you'll find one that doesn't have at least one out that can be used to allow termination/non-delivery/whatever without it being a breech if it was written by a good lawyer.

[softball]

Originally Posted by tony404

Well said Micheal. Im on the board of my condo and we are dealing with tons of legal bullshit.Its so true.

I took on my condo in two years worth of litigation. I won, it cost me 80K, but truer words were never spoken than:

If you have never been through litigation, its costly, its tiresome, and you never will feel victorious.

[fusionx]

Originally Posted by pornlaw

... If you want justice, that's a statute in front of the courthouse you can take a picture next too.

Awesome quote

[EmporerEJ]

Originally Posted by pornlaw

It always works out for me... Sorry couldnt resist...

Good luck. Litigation sucks even for the lawyers. But we are the only ones that profit from it. Reconsider litigation if you can and resolve the issue.

If you have never been through litigation, its costly, its tiresome, and you never will feel victorious.

I tell people there's no justice in a courtroom. If you want justice, that's a statute in front of the courthouse you can take a picture next too.

Wise words.
If you're not careful, I'll soon start to respect your opinion......
And then, I'll feel Reeeeeaaaaallllll bad.

[Electra]

I hear what you are saying..and thank you for your advice.

So if we aren't going to enforce contracts whats the point of having people sign them?
Does it mean that a contract is worthless in this business since the people signing them
know they will probably not be enforced? Seems if you try to do things the right way you still get screwed.

[EmporerEJ]

Originally Posted by Electra

I hear what you are saying..and thank you for your advice.

So if we aren't going to enforce contracts whats the point of having people sign them?
Does it mean that a contract is worthless in this business since the people signing them
know they will probably not be enforced? Seems if you try to do things the right way you still get screwed.

Yea, that's about right.
But not just in the adult industry, that's true everywhere.
I may be jaded, but it seems every tenant is that way.
I've had fairly good luck in the industry though. But then, I deal with people I know.

[softball]

Originally Posted by Electra

I hear what you are saying..and thank you for your advice.

So if we aren't going to enforce contracts whats the point of having people sign them?
Does it mean that a contract is worthless in this business since the people signing them
know they will probably not be enforced? Seems if you try to do things the right way you still get screwed.

Well, I did it. What can I say? I am just telling you that even if you win, it takes over your life. Day and night strategy and discussions. It gets very tedious and very tiring. I believed I was right and we won and in the end it was worth it, I suppose. If you really believe you are right and have a 90 per cent chance of winning go for it. But be prepared for an emotional roller coaster that may or may not be worth it. Good luck if you drop the writ.

[RawAlex]

Electra, I think at some point you have to at least make the motions, hoping to find resolution. As Pornlaw said, the only people that make money on these things are the lawyers. You have to hope that the other person / company is willing to pay up more than they are willing to hire lawyers and wait it out.

It isn't a good situation, no matter how it turns out.

[Hell Puppy]

I've said it before, I'll say it again.

Want to fix our justice system? A good start is "loser pays".

[Electra]

Originally Posted by RawAlex

It isn't a good situation, no matter how it turns out.

Yeah...you're right. I just hate to be screwed around with though. I've always tried to be ethical and deal with people honestly, I guess it was too much to ask of some people to do the same.

[pornlaw]

Originally Posted by Electra

I hear what you are saying..and thank you for your advice.

So if we aren't going to enforce contracts whats the point of having people sign them?
Does it mean that a contract is worthless in this business since the people signing them
know they will probably not be enforced? Seems if you try to do things the right way you still get screwed.

I am not saying dont enforce your rights, I am just saying try to avoid litigation. Try mediation first. Many of my cases settle in mediation. Having a retired judge mediate early on is always better than full blown litigation.

If the other party is not willing to be reasonable, then you will have a choice to make... and its a financial/business decision. Cost of litigation vs. potential recovery less attorney fees less emotional anguish. If after that analysis it appears that the recovery outweighs the cost, then you litigate as though you were involved in a war.

The way I approach litigation is just that. It is a war. Battles will be won and battles will be lost. Sometimes you turn and not fight certain issues based upon the availability of resources. Other times when your position is strong and the opponent is weak, you bring all your guns to bear on them and do not let up. Sometimes you use attrition to win long drawn out battles. But you need resources to entire into this war.

I had a client today tell me they wanted to file suit. And in the same email they told me their health was not the best. I declined at this time to file and will wait until they are better.

As a litigator I use different offensive and defensive "plays." Sometimes its a misdirection other times its a reverse. Always I refer to "The Art of War" by Sun Tzu and live by the creed of never understimating your opponent.

If your attorney is a litigator and hasnt read and reread "The Art of War" find a new one.

[sarettah]

Originally Posted by Electra

Yeah...you're right. I just hate to be screwed around with though. I've always tried to be ethical and deal with people honestly, I guess it was too much to ask of some people to do the same.

Hi Elektra. No comment to make on this but did want to say hi ;p

[EmporerEJ]

Lawyers=bookies?

You decide.....we report.

[Electra]

Originally Posted by sarettah

Hi Elektra. No comment to make on this but did want to say hi ;p

Hi Russ...hows everything going with you?

[Electra]

Originally Posted by pornlaw

I am not saying dont enforce your rights, I am just saying try to avoid litigation. Try mediation first. Many of my cases settle in mediation. Having a retired judge mediate early on is always better than full blown litigation.

If the other party is not willing to be reasonable, then you will have a choice to make... and its a financial/business decision. Cost of litigation vs. potential recovery less attorney fees less emotional anguish. If after that analysis it appears that the recovery outweighs the cost, then you litigate as though you were involved in a war.

The way I approach litigation is just that. It is a war. Battles will be won and battles will be lost. Sometimes you turn and not fight certain issues based upon the availability of resources. Other times when your position is strong and the opponent is weak, you bring all your guns to bear on them and do not let up. Sometimes you use attrition to win long drawn out battles. But you need resources to entire into this war.

I had a client today tell me they wanted to file suit. And in the same email they told me their health was not the best. I declined at this time to file and will wait until they are better.

As a litigator I use different offensive and defensive "plays." Sometimes its a misdirection other times its a reverse. Always I refer to "The Art of War" by Sun Tzu and live by the creed of never understimating your opponent.

If your attorney is a litigator and hasnt read and reread "The Art of War" find a new one.

I understand, and I appreciate the advice. I'm weighing my options very carefully at this point. You're not going to be billing me for this are you ? lol

[sarettah]

Originally Posted by Electra

Hi Russ...hows everything going with you?

Same o, same o. Trying to get code done but getting bored.

Good to see you on the board.

[Electra]

Originally Posted by sarettah

Same o, same o. Trying to get code done but getting bored.

Good to see you on the board.

How are you feeling ? Last time we spoke you weren't feeling that well.

[sarettah]

Originally Posted by Electra

How are you feeling ? Last time we spoke you weren't feeling that well.

Been feeling better finally just the past few days. Have a bit more energy, not quite 100% yet but getting there.

thanx for asking

[pornlaw]

Originally Posted by Electra

I understand, and I appreciate the advice. I'm weighing my options very carefully at this point. You're not going to be billing me for this are you ? lol

Oprano fills my pro bono quota for the month....