Individuals and businesses sometimes find themselves in financial distress not because of mismanagement or hard times but due to a commercial dispute, lawsuit, or fraud.
Bankruptcy probably isn’t the right solution in those cases; fixing what went wrong is.
Maybe someone is trying to back out of a contract so they don’t have to pay you for work you’ve done. Or maybe the roles are flipped, and you’ve paid them already, but you’re not getting what you paid for.
Disputes like these can sink individuals and small businesses. Hiring the right lawyer can help you ensure that they don’t.
At Spiro & Browne, we skillfully and aggressively represent both individuals and businesses not just in bankruptcy proceedings but in all kinds of commercial and fraud litigation.
What types of commercial disputes commonly cause financial problems?
We handle a wide variety of commercial litigation cases that are often associated with bankruptcy proceedings, including the following:
- contract disputes such as breach of contract,
- fraud or misrepresentation claims,
- attempts to hide assets through fraudulent transfers,
- breach of duty causing mismanagement of business assets,
- construction disputes,
- liability claims involving a business product or service, and
- debtor and creditor claims, including avoidance and other “clawback” actions.
It doesn’t matter whether you’re pursuing a claim against someone else or defending yourself against a lawsuit; we’ve successfully handled both.
What should you look for in hiring a commercial dispute or fraud litigation lawyer?
When you’re choosing a lawyer to represent you in a commercial dispute or fraud litigation, three things matter most.
In-depth knowledge of laws and procedures
The first answer is obvious: you need a lawyer who knows the laws of your jurisdiction inside and out. Your lawyer must understand how business law works, what each party’s legal obligations and duties are, where there are loopholes, and what situations create an actionable—and winnable—claim.
You also need a lawyer who understands how those laws are applied in your local jurisdiction, including what remedies are available in your courts and how to get those remedies.
Ever heard of pretrial attachment of property? Most people haven’t; it’s a rare remedy in debtor cases.
But when our client told us that someone who owed them money was about to leave the state—taking their assets, and our client’s ability to recover what they were owed, with them—we petitioned the court to order a pretrial attachment of property, seizing the debtor’s assets and securing a source of payment for our client before litigation even began.
Strategic thinking informed by experience
Plenty of lawyers manage to lose cases that should have been winnable. That’s because litigation is like chess: you need a lawyer who can see 10 moves ahead, who knows at each stage what’s likely to happen and how they should respond to any move their opponent may make. This requires more than knowledge of the law; it demands a balance of experience, creativity, and strategic thinking.
After all, litigation is expensive. How much are you likely to recover? Will you be able to recoup what you spend on attorney’s fees? What are your specific goals in bringing a lawsuit? What outcome do you want to achieve at the end of this dispute?
Yes, your lawyer should be willing and able to fight for you, but you don’t want a hothead who only has one approach—full-on aggressive attack—in their toolbox. Sometimes your best choice is to calmly resolve a situation so you can put it behind you and move on.
That’s what we helped one client do when things went sour with their business partner and co-owner. Despite allegations of breach of fiduciary duty and conspiracy, all the client really wanted was a quick and clean “business divorce” that would get them out of the partnership with no strings attached. We successfully defended our client while mediating a settlement that terminated the business relationship and gave our client the fresh start they wanted.
Clear communication about goals and options
Last, but definitely not least, you need a lawyer who appreciates that it’s your life, your business, and your future on the line, and who will keep you firmly in the driver’s seat. That takes clear communication in both directions.
Your lawyer must take the time to listen to you and understand your goals and priorities instead of assuming you want what they would want. They also must be able to explain your options and the likely outcomes in straightforward terms that make sense to you, counseling you about the risks and benefits so you can decide what’s best for you.
Our track record of success in commercial disputes and fraud litigation
Spiro & Browne excels in all types of commercial disputes and fraud litigation. Here are a few more examples of cases we successfully resolved for our clients:
- We took a real estate ownership dispute to a jury and won a verdict in favor of our client that declared them the sole owner of that property and entitled them to a judgment for prior rents. To do so, we had to overcome the statute of frauds, which normally requires a written sales contract.
- We defended a client against a contract dispute involving claims of fraud and violation of the Virginia Consumer Protection Act, not just winning summary judgment but obtaining a counterclaim judgment against the plaintiff who initiated the claims.
- We successfully resolved a complex dispute between a corporate client and their former employee—now competitor—in a case involving the theft of proprietary information and the use of confusingly similar trade names.
Ready to take the next step toward resolving your financial problems?
Call us now to schedule your free consultation or learn more about our Richmond law firm by exploring these links.
- Homepage
- Bankruptcy Proceedings and Alternatives
- Not sure whether you even need—or want—to file for bankruptcy?
- Chapter 7 bankruptcy (straight bankruptcy), the fastest and easiest form of bankruptcy
- Chapter 13 bankruptcy (wage earner bankruptcy) with a repayment plan
- Chapter 11 bankruptcy, a more complex option that may suit business owners
- Chapter 12 bankruptcy, a specialized route for family farmers and some fishermen
- Subchapter V small business reorganization
- Receivership, another option for struggling businesses
- What if you’re the creditor, not the debtor?
- Local Counsel Representation and the EDVA’s “Rocket Docket”