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Practice areas · 02
Conflict and dispute resolution
Handling the conflict with a defined legal thesis, and saying when it is not worth litigating. The decision rests on five factors: the strength of the thesis, the evidence available today, the time until a useful decision, the total cost (including the risk of losing) and the effect of the dispute on the business relationship and operations.
When to seek advice
When there is a default, a notice, a threat of legal action or a lawsuit already filed.
Situations that usually bring companies to this area.
01“We received a notice and I do not know how big the risk is.”
02“We were served with a lawsuit and need legal counsel immediately.”
03“Something unexpected happened at the company and I will not be able to meet my obligations.”
In practice
What is usually at stake
Summaries of answers from the Frequently Asked Questions page. Each card leads to the full answer.
01Notice receivedThere is no general duty to respond, but silence is not neutral. And responding badly can be worse.Full answer in the FAQI received an out-of-court notice. Do I need to respond?
02The other party stopped payingFirst you organize the evidence, not the complaint: the documentary trail, the written demand for payment and an assessment of your own performance.Full answer in the FAQThe other party stopped paying. What comes first?
03Enforceable instrumentA contract signed by the debtor and two witnesses allows collection without arguing over whether the debt exists (Code of Civil Procedure, art. 784).Full answer in the FAQIs my contract an enforceable instrument?
04UrgencyUpon learning of a decision, it is necessary to assess quickly whether an appeal is possible, in order to keep the risks from growing.Full answer in the FAQCan I request something urgent before the merits are discussed?
05Time limit to collectIt is usually shorter than people imagine: the general rule is ten years, but many claims are time-barred in five or three (Civil Code, arts. 205 and 206).Full answer in the FAQHow long do I have to collect a debt?
06Cost of losing and settlementThe losing party pays the expenses and the other side's attorney's fees, generally 10% to 20% (arts. 82 and 85). A settlement is an economic decision, not a sign of weakness.Full answer in the FAQIf I lose, how much does it cost?
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