Q: What type of lawsuit can I bring against a business partner?
A:All too often in a professional or business relationship, one of the parties involved feels wronged by the other. When it goes beyond being wronged and causes the person or company financial or other damages, there may be a possible lawsuit. But figuring out what kind of lawsuit to bring to the courts may be tricky, and a breach of contract might not always be the best.
In the courts of New York, breach of contract lawsuits are fairly common—but not always the most effective. The breach of contract lawsuit can be filed when two parties enter a contract and one of them (or both) fails to hold up its end of the bargain.
Another type of lawsuit is a breach of fiduciary duty. A fiduciary relationship is one where one party relies on the other to act in its best interest financially or otherwise. A contract is not necessary to establish a fiduciary relationship, but is often present.
A legal malpractice lawsuit can be brought when gross negligence on the part of legal representation causes harm to the client. The plaintiff must show that it was the negligence that caused the harm, not just poor performance or unfavorable circumstances.
These are three fairly different types of lawsuits, but they often come from the same basic circumstances. A plaintiff must be sure that he is choosing the right avenue of legal action before the lawsuit is filed, because one type might be more effective than the others. And after one lawsuit is brought to the courts, the others would more than likely be thrown out if the plaintiff tries again.
If you have questions regarding any of these areas, and which type of lawsuit you might be eligible to pursue, contact an experienced New York business attorney. The Law Offices of Jonathan M. Cooper can help you get the answers you need for the tough road ahead. Also be sure to order their free book, 3 Reasons That Your Employment Agreement May Not Be Worth The Paper It's Printed On.