Question 1

Do I need to sue, or can we resolve this without litigation?

Accepted Answer

Most commercial disputes resolve before trial. We start with the cheapest, fastest leverage — a well-drafted demand letter and, where appropriate, early mediation. We only file suit when that serves your interests.

Question 2

How long does a commercial lawsuit take?

Accepted Answer

Contested cases in Miami-Dade state court typically run 12–24 months from filing to trial. Federal court is often faster. Many cases resolve via settlement or dispositive motion within the first six to twelve months.

Question 3

Can my opponent be ordered to pay my attorneys' fees?

Accepted Answer

It depends on the contract and the claim. Many commercial contracts include attorneys'-fee clauses. Some statutes (like FDUTPA) provide for fee recovery. We evaluate fee exposure and recovery prospects on every case.

Question 4

My business partner is freezing me out. What can I do?

Accepted Answer

Florida law provides several remedies for shareholder and partner oppression, including buy-out claims, derivative actions, and dissolution. The right strategy depends on your entity structure and governing documents.

Question 5

How are commercial litigation fees structured?

Accepted Answer

Commercial cases are typically hourly with a clear engagement letter and an upfront retainer. For some matters — particularly those with a fee-shifting statute or contract clause — we can discuss alternative arrangements including blended hourly/contingency or capped fee structures. We will tell you which structure fits your case at the consultation.

Question 6

Can I get an injunction to stop the other side immediately?

Accepted Answer

In urgent matters — trade secret misappropriation, breach of a non-compete, conversion of property, fraudulent transfers — Florida courts can issue temporary restraining orders within days and preliminary injunctions within weeks. The bar is high (likelihood of success, irreparable harm, balance of equities). We move fast when the facts justify it.

Question 7

We have an arbitration clause. Does that change things?

Accepted Answer

Yes. Arbitration is faster than court, more private, and the result is generally final with very limited appeal rights. We litigate or arbitrate depending on the contract. Many of our commercial matters are pursued in arbitration before AAA, JAMS, or another forum specified by the agreement.

Question 8

What if the other side is in another state or country?

Accepted Answer

We routinely handle matters with out-of-state and international parties — establishing personal jurisdiction in Florida, coordinating with co-counsel where needed, and enforcing Florida judgments in other jurisdictions. For international matters, we work with established Florida procedures for foreign service and enforcement.

Question 9

What documents and information should I gather before our consultation?

Accepted Answer

The contract or agreement at issue, any written communications about the dispute (emails, texts, letters), invoices or proof of payment, names and contact information for any witnesses, and any prior demand letters or court filings. Even if you only have some of this, we can start.

Question 10

I just got served with a lawsuit. How fast do I need to respond?

Accepted Answer

Twenty days from the date of service in Florida state court (with limited exceptions). Federal court is typically 21 days. Missing the deadline can result in a default judgment against you for the full amount claimed. Call us the day you are served — we will move quickly.

Commercial Litigation

About this practice

Matters we take on

Contract disputes

Business and partnership disputes

Fraud and misrepresentation

Real estate litigation

Intellectual property disputes

Why clients choose us for commercial litigation

Commercial Litigation — questions we hear

Related services

Real Estate

Business Formation

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