O’Toole Atwell PC

Call For A Consultation

(512) 686-8648

Business & Commercial Litigation

O’Toole Atwell PC

A Comprehensive Approach To Business Litigation And Transactions

At O’Toole Atwell, our transactional work and litigation services are connected facets of our comprehensive business practice. Our extensive experience in complex business litigation cases has enabled us to develop a unique and strategic, proactive approach to transactions. We have seen firsthand the situations and dynamics that often lead to litigation; therefore, we craft sound transactional documents that will minimize or eliminate the risk of potential disputes in the future. Clients come to us because we have earned a reputation for effectively facilitating business transactions and creating sound contracts that stand the test of time.

We regularly provide negotiation, as well as review and drafting services, to corporations, limited liability companies, partnerships, and other business entities, on the full spectrum of transactions and business contracts. This includes:

  • Buy-sell agreements
  • Entity formation
  • Shareholder and partnership agreements
  • Dissolution agreements
  • Operating agreements
  • Leases
  • Real estate contracts
  • Employment agreements
  • Stock purchases agreements
  • Severance agreements
  • Corporate minutes and records
  • Corporate governance

For more information, contact the business law attorneys at O’Toole Atwell in Austin, Texas at (512) 686-8648 or use this email form to describe your situation. We represent clients throughout Texas and in Colorado.

When Problems Arise | Contract Dispute Attorney In Austin, Tx

Americans love to work. We love to create. We love to build things, with our hands and with our minds. American ingenuity has been the foundation for many of the world’s greatest products and inventions. From the Wright brothers who blazed the trail toward commercial flight, to John Blankenbaker, whose personal computer innovation launched an information revolution, we are American creators and we get the job done.

American businesses and the products or services they offer run the gamut, from assistance to manufacturing, analog to digital, small mom and pops to Fortune 500 corporations. But regardless of whether you’re a small shop with one employee on Main Street, USA, or a giant multinational corporation, there’s at least one consistent thread that runs through every business, and that is the fact that disputes can happen. Between the business and its clients/customers, between partners or owners, between management and employees, and more, the possibility for serious disputes and conflicts exists. When problems arise, you’ll need a business litigation attorney in Austin, Tx who understands contract law backwards and forwards, an Austin business owner dispute attorney that has been down the road with multiple clients over the years, and has helped to resolve countless disputes. At O’Toole Atwell, PC we understand business and have made a name for ourselves as one of the top Austin shareholder and partnership disputes attorney firms. Simply put, we know how to solve business issues and problems.

Business Disputes, What’s Really Going On? | Business Litigation Attorney In Austin, Tx

There are many ways to succeed in business, as well as many ways to fail. Going into business is no small undertaking, no matter how small the business. Mom and pop shops have the same headaches as do multinationals; it’s just an issue of scale. No business, unfortunately, is immune to disputes.

Because going into business is such a major endeavor, oftentimes people choose to partner with another individual, or investor, as opposed to going it alone. Just like in a marriage it’s easier to split the household duties between partners, in business it’s sometimes easier as well, to split responsibilities between business partners. Therefore, partnering is a great way to share the work load, the expenses, and… the risks. Partnering with an individual who has skills and expertise that compliment yours can be a great way to achieve success in business. For example, your business partner may be an organizational and accounting wizard, but not so good with people face to face, but that’s where you shine, you’ve never met a person you couldn’t charm or win over. Therefore, you become the front face of the business while your partner holds down the fort from the back office, a win-win for everyone. Partnerships, indeed, can be a truly fantastic way to corner your little piece of the market as you take your business skills to the next level and expand.

But partnerships can go awry. Disputes occur often between partners, and they can spell disaster for a business if not handled quickly and properly. And even with prompt attention, disputes can create bad blood between partners that may ruin the business relationship causing the partners to seek dissolution. Let’s look at some of the possible ways and reasons that can cause serious disputes, and how Austin business owner dispute attorneys can help.

Partnerships Overview

Sometimes partners are friends who come together to launch a business. Other times partners may be strangers, or acquaintances, who have come together to push a shared vision or a great idea for a product or service. Going into business with a good friend is always risky somewhat, not necessarily because of any particular business reason, but business is business and when sticky situations arise it could prove awkward to have tough conversations with a good friend. Emotions can get in the way and feelings can be hurt. Additionally, partnering with a friend has the potential to create situations in which a business matter needs to be addressed, but may not be because a partner may feel it is just too difficult to broach the subject with their friend. For this reason, you can see why some choose to partner with strangers or acquaintances, so when a problem arises there is no concern about the friendship being damaged. Business is business after all, and when the partners have no emotional connection to each other it can sometimes make partnering easier. But disputes can occur, whether you’re friends in business together, or just business partners solely.

Common Types of Disputes in Business

Misconduct

Ethics in the business world is of the utmost importance. You want a business partner who is honest, plays by the rules, keeps a good accounting, and who exhibits exceptional character in regard to ethics. Misconduct can occur at any stage in a business or business transaction, from partner to partner, or from partner to client/customer, or it can apply to vendors, or government regulators such as a licensing authority or the Internal Revenue Service. All are possible; none are good. You don’t want to partner with anyone who would be dishonest in any of the aforementioned areas, or any area at all for that matter. However, unfortunately, some people are unethical, and some are dishonest. And if you’ve unknowingly partnered with someone who engages in misconduct you may need to find a way to exit your business quickly to save your reputation or avoid criminal prosecution. No matter your problem, big or small, a business litigation attorney in Austin, Tx should be the first person you call upon discovering a misconduct issue by your business partner.

Management Style

Oftentimes business partners enter quickly into a business, fueled by their excitement and strong desire to hit the ground running, but a speedy start can sometimes cause partners to forget important discussions concerning day to day operation issues and techniques, such as management style. When conflict arises due to a disagreement on management style, a skilled negotiator can come in handy to resolve these conflicts. And as seasoned Austin business owner dispute attorneys, we know exactly how to assist you with any operational or management issue.

Balance of Work / Time Involvement

Starting the business is the exciting part. This is when you feel that energy; it’s palpable. You have those long discussions over a beer or barbeque, and the ideas are flowing! But when you open your doors for business, you may find that your partner has a different work ethic than you do. When you’re working 14 hour days and your partner is putting in just 6 hours a day, and you’re splitting profits down the middle, you may have a pending conflict on your hands. Many partners have come to this realization and it can be a real problem in need of a real solution or negotiation. Fortunately, this is yet another problem that a smart and savvy Austin shareholder and partnership disputes attorney can assist with.

Terms of Original Agreements

Whether it’s between partners, or partners to shareholders, terms are always critical and can often be a point of contention. While it is certainly best to hire us before you begin business so we can draft all your legal agreements in a manner such that terms are clear, we can certainly help you dig out of a dispute if you’re suffering from problems created by either a failure to follow terms or from a poorly written contract or terms agreement that an unskilled attorney drafted for you. We resolve term agreements disputes all the time and we can help you solve your problems in this arena as well. Call us to discuss your business issues anytime. That’s why we exist—to serve you.

O’Toole Atwell PC

Call For A Consultation
(512) 686-8648
Business & Commercial Litigation