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Lochner and Schwenk, LLC Attorneys at Law 30 C West Street Annapolis, Maryland 21401 410 263 4464 | |
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Commercial Contracts and Torts In business, most of the time deliveries arrive on schedule, partners follow through on their commitments, and companies do not compete by using illegal or unethical means. But what happens when a company breaches a contract and it causes economic injury to others? At Lochner and Schwenk, LLC, we have seen what happens when a business completely breaks down and its principals can no longer work productively, and we know how the legal process addresses broken promises between businesses. Generally, our first tasks are to learn what it is that our clients believe was the arrangement between the parties, then what agreement has been captured in writing, and finally to assess what agreement is provable by testimony and the course of conduct between the parties. Oftentimes it is this process which is the most revealing: lawyers must think about an agreement in two ways -- what was agreed to, and what is provable in court. Sometimes these are the same, but most times they are different. Many times, the very point of conflict is not something that was anticipated or agreed to at all. Once the agreements are considered, it becomes possible to make recommendations as to the appropriate course of action. Should the case be settled because the written contract does not support what the parties believe to be the agreement? Has an opposing party acted fraudulently so that there are other damages? Would winning be so expensive in terms of attorney and expert time that litigation is no benefit to the client? If a judgment is won, can it be collected? It is questions like these which make it difficult for attorneys to answer "general" questions without learning the facts in depth. In commercial contracts, the stakes can be very high -- possibly even economic life and death for a business. Clients need legal representation that anticipates the course of a case and makes recommendations accordingly. We hope that you will consider our assistance with your matter -- we will do our best to bring it to the most favorable conclusion. | ||
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