Stumbles Legal

Prevention is better than cure.  Litigation is expensive and often does not bring about a successful outcome for any of the parties.  We prefer to take a proactive approach and to:

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• Keep our clients out of Court by reducing the risk of disputes arising in the first place; and

• Give our clients the best chance of success at Court should a dispute arise.

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Clients have the best chance of achieving the above outcomes if they do the following before they enter into a business relationship or embark on a transaction:

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• Fully understand the proposed business relationship or transaction by taking legal advice from an experienced lawyer; and

• Enter into a well drafted contract (prepared by an experienced lawyer).

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Certainly it helps if the parties to a commercial arrangement have a good relationship and trust each other.  However, that is usually not enough to prevent disputes.  Unfortunately it often happens that when under pressure, parties act in uncharacteristic and unexpected ways.  

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Other common causes of disputes are:

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• The existence of differing expectations; and

• Circumstances arising which were not contemplated by the parties.

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The risk of the first of these causes arising can be reduced if expectations are clearly set out in a contract.  The risk of the second cause arising can be reduced by using a lawyer who through experience is aware of the types of circumstances which typically arise and is able to deal with those circumstances in the contract.