Search
  • Jeremy Bombard

NO ONE WINS WITH LITIGATION.

I don’t do a lot of litigation, but every so often, my clients need some litigation assistance. The problem with litigation is sometimes you spend a lot to get little. The key is to determine if the other side has any assets or can we even locate them.


The first step for any litigation is a demand letter first in hopes we can negotiate and settle the matter before heading to court. I suggest the parties engage in mediation if the initial negotiation fails. It is much less expensive, and if we get a reasonable settlement amount, it saves the time and cost of litigation. I counsel my clients that even if the settlement isn’t the entire amount, there is a point whereby accepting a lesser amount is always more beneficial than attempting to collect the entire amount.


If that fails work, then litigation is the next step. The downside to litigation is cost. Even the simplest litigation cases can cost thousands of dollars. Plus, it is a time constraint. You may have to be deposed, you’ll have to answer discovery, and there could always be a trial. There are no guarantees in litigation either. Even if we have a good case, we could always lose or have a negative outcome. And finally, if successful, we will only get a judgment. That is a piece of paper that states the other side owes you money. We then have to collect on that judgment (if there are no assets, that piece of paper could be worthless)


If you are a small business and have a possible litigation matter, please let me know. My goal is to get my client the most money with the least effort and time. Sometimes we can resolve the matter with a simple demand letter.

4 views0 comments

Recent Posts

See All

As you know (or may not know) the Massachusetts Secretary of State requires you to file an annual report every year. This applies to both LLCs and corporations. These are very simple forms to file,

I’ve repeated time and time again that once you sign a contract, you are essentially locked into the terms. However, there are certain times you can get out of that contract. One way is if the contr

When you form a corporation or LLC in Massachusetts, you must, among other things, designate a registered agent. This person will mostly get notices from the Secretary of State when the annual report