Test Your Knowledge: Commercial Litigation

Disagreements between members in a limited liability company are common. FACT
Common reasons for LLC membership disputes include inappropriate conduct, breach of duties, and financial disputes. Businesses should have operating agreements in place to avoid such disputes as much as possible. However, if parties cannot come to an agreement, an experienced commercial litigation attorney can use a variety of methods to resolve the dispute. 

Verbal contracts are enforceable in Florida courts. FACT
While it is strongly recommended that you get all business agreements in writing, oral contracts are enforceable in Florida. Enforceable contracts must include an offer, acceptance, and consideration. A failure to include any of these elements will make the contract unenforceable. Be aware that an oral contract has a shorter statute of limitations than written contracts. 

RELATED:  Are Oral Contracts Enforceable in Florida?

There is only one type of an attorney fee agreement. FICTION
There is no one size fits all agreement when it comes to hiring an attorney. Different types of legal matters can have different fee agreements. Hourly fee agreements are common in areas of commercial and civil litigation, while flat fee agreements are common with services like drafting demand letters. When meeting with an attorney and discussing fees, consider the area of law, scope of work, and the length and depth of your legal matter. For more on paying for an attorney, check out this resource: Did you know there is more than one type of attorney fee agreement?