On courtroom TV shows, success or failure often occurs in one very sudden “a-ha!” moment at or near the end of a trial. In reality, though, the crucial seeds of success (or failure) are often sowed much earlier. Success in your commercial dispute requires many skillfully executed pretrial steps, including drafting and timely submitting a well-written complaint. Whether you’re in need of trial advocacy or pre-trial help, an experienced Atlanta commercial contracts lawyer can be essential to your success.
Last month, we looked at a case between a Georgia-based sports agent (and his agency) and his North Carolina-based financial and tax advisor (and others) in a dispute over unpaid debts. To briefly recap, the latter group sued the former, alleging breach of contract, and in our previous post, we focused upon one of the key issues in the case: precisely when commercial parties do — or do not — have a binding agreement.
That case, however, has an additional lesson for the unwary litigant — one unrelated to the rules of contract formation. In that case, the advisor’s claims weren’t the only ones at issue. The agent and his affiliated parties countersued, alleging “fraudulent inducement, fraud, negligent misrepresentation, breach of fiduciary duty, constructive fraud, and civil conspiracy.”