Attorney Daniel DiCicco
Good contracts today save huge headaches tomorrow. I like to think about how I would attack a contract if I were an opposing attorney, and then write provisions to protect against those risks.
OUR APPROACH TO LITIGATION
Litigation is a tool to achieve your business goals.
"It's not personal," they say. "It's just business." Well, it sure doesn't feel that way when it's your business, does it? It can be hard to check your emotions at the door when a bad actor is putting millions of your dollars at risk. At DiCicco Legal, we believe the single most important concept when entering litigation is to understand that litigation without a business goal is just expensive wheel-spinning. But when you have a clear outcome in mind, when you steadfastly pursue that outcome using the same judgment you apply to your other business investments, litigation becomes a critical and effective dispute resolution tool.
We Love Fighting Big Law
The simple truth about most lawsuits is that there is one lawyer in charge on either side; at a big law firm, it's the partner you hired. At DiCicco Legal, it's Dan DiCicco. But the lawyers who work your case are something else entirely. At Big Law, it's a team of low- and mid-level associates who have barely seen the inside of a courtroom who are working your case. At DiCicco Legal, it's Dan DiCicco. This makes a difference in two ways that matter: one
We Discover the Truth
Discovery is the broad early phase of litigation where the parties exchange information and the analysis of your case becomes more refined. For the most part, DiCicco Legal takes an approach where we play with all of our cards on the table; we find that a free flow of information between litigants leads to more successful outcomes and far more efficient litigation.
What Makes a Good Contract?
This is a common question business owners have, and it's our job to help you understand what makes for a good contract and what makes for a landmine that can knock your business off-track. In this section, we outline some factors that we consider when drafting and reviewing contracts.
Scope of Work - Keep it Tight
In service contracts, it is critical to tightly define the scope of work whether you're a vendor selling services or a business hiring outside help. A tight SOW defines what you're doing, how you're doing it, the timelines for the job, and sometimes specifically defines what work you won't be doing.
Payment Schedules - Ensure Stability
Who is going to pay, when are they going to pay it, and how is it going to get paid? Cash-flow is absolutely critical to every business and when customers don't pay on time then it can have far-reaching effects on your other obligations. A good contract defines clear payment terms and addresses what happens when payments are late or missed.
Warranties - Avoid Pitfalls
Both service and goods contracts can include warranties. What you might not know is that Warranties are heavily regulated by State and Federal Law. You can even provide a warranty when you don't intend to do so - these are called implied warranties, and a good contract will accomplish what you mean while avoiding what you don't.
Dispute Resolution - Know Your Rights
What happens if relations sour? It happens all the time and to best protect your business, you need avenues to resolve a dispute without having to file a lawsuit. But even if you do need to a file a lawsuit, you can agree ahead of time that Oregon law will govern the agreement. A good contract will protect your right to resolve a dispute on your home turf. This way you don't end up litigating an Oregon contract in a Delaware court!