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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:
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.
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:
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).
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.
Other common causes of disputes are:
The existence of differing expectations; and
Circumstances arising which were not contemplated by the parties.
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.
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