San Antonio Business Law

Business Law

We get it. You are running a business and don’t have time or money to waste. You need practical outside counsel that helps you get the right result without undue disruption or expense. We know that you need to realistically assess the risks in any given situation, decide on an approach that suits your business objectives, prepare unambiguous, strong contracts, and execute successfully. We bring a uniquely business-savvy perspective and valuable insight borne of substantial experience. We specifically specialize in assisting private real estate investment groups and healthcare entities such as MD professional associations, clinics, accountable care organizations, etc.

Our business law practice focuses on managing your risks and furthering your business objectives. With these tenants, we work on solving legal problems in the most advantageous and efficient manner tailor-made for your needs. From formation to litigation, our practice covers a wide spectrum of matters faced by our business clients:

• Business formation & operating agreements
• Pre-litigation negotiation, counseling, and risk assessments
• Contract disputes
• Business torts
• Partnership and membership disputes
• Securities litigation
• Regulatory matters, including proceedings before the Texas Medical Board, Texas Nursing Board, and New Mexico Medical Review Commission inquiries, among other state and federal agencies
• Employment matters, including Texas Workforce Commission inquiries
• Litigation, arbitration, and mediationSpecific business areas we cover in our practice include contract law, employment law, and civil litigation. If you have any questions about your situation, don’t hesitate to call us at (210) 588-9182.

Contract Law

Trust is the cornerstone of business. This trust is represented by a contract, a legally-binding document agreed to by everyone involved. Ideally, these documents use clear language, so that everyone understands the agreement. In the event one party fails to live up to the contract, the other party can take them to court for enforcement. Contract law covers the making of contracts, ensuring agreements are carried out, and finding a solution in the event of a contract breach.

A valid contract begins with an offer from a first party. The second party may choose to accept the offer as it stands, making the contract complete. Both sides must know that the offer has been made and accepted, or the contract is not valid. If the second party chooses not to accept the offer as originally stated, but wish to make changes, they create a counteroffer. The first party now has the option to accept the counteroffer or make more changes. This process often repeats several times, in order to create an agreement that suits both parties.

Contracts must contain consideration, something each party intends to give up in order to receive what they want. For example, one party might give up money, while the other gives up a good or service. Finally, in order to be a valid contract, both parties must intend for the contract to be binding. A statement of intent does not constitute a contract. Informal agreements are generally considered statements of intent rather than legally binding contracts.

What Happens in a Breach of Contract?

In the event of a breach of contract, those involved or their representatives can try to find a solution that satisfies both parties. Attorneys can often find a compromise that saves the cost of going to court. If a court filing is unavoidable, one party asks the court to impose for breach of contract. If the court decides in favor of the plaintiff, they will often award damages.

The court may award several types of damages, the most common being compensatory damages. Compensatory damages cover actual financial losses caused by the breach of contract. Parties often will declare the damages in an event of a contract breach, which are called liquidated damages. Nominal damages are smaller amounts that are awarded when actual financial losses do not occur. Only in rare cases will the court order the contract to be enforced. In some cases, when a party acts in bad faith or with inexcusable actions, the court may award punitive damages as punishment.

You need your business contracts to be enforceable, and that means putting them in writing. Agarwal Law Firm specializes in contract law, and we create valid contracts with clear language. In the event of a dispute, we know how to fight for our clients at the negotiating table and in court. For attorneys and contracts you can depend on, contact us today.

Employment Law

Our firm specializes in the practice of employment law, the legal area concerning the relationship between employers and employees. From minimum wage laws to hiring practices, employers are responsible for a lawful work environment. Businesses often need an expert to help them sort through the numerous laws and regulations involved in employment law.

One of our services involves helping businesses stay in compliance with regulations, and initiating best practices, such as the process for hiring new employees or handling family leave. Our firm helps businesses establish policies that improve efficiency and stay in compliance with the law. Depending on common sense alone can lead to catastrophic legal obstacles. By instituting healthy policies, many problems can be avoided in the future.

Settling Disputes between Employers and Employees

An important area of employment law is conflict resolution. Even the best business relationship can be strained. In the event this occurs, an expert negotiator can make all the difference. We can help both parties come to a mutual compromise, helping to avoid future misunderstandings or a costly trip to court.

At Agarwal Law Firm, we’re equipped to help you with all your employment law needs. We’re only a phone call away, at (210) 588-9182. You can also contact us through this website.

Civil Litigation

When people think of court cases, they often think of criminal cases. But many cases deal with civil litigation, where two people or entities are in dispute with each other. In these cases, the plaintiff argues that the defendant has failed to carry out their legal duty in regard to the plaintiff. In the event a civil case goes to trial, the plaintiff doesn’t seek imprisonment or fines for the defendant. Instead, the plaintiff will try to convince the court that the defendant must fulfill their obligation, pay damages, or do both.

Uncontested vs Contested Cases

There are two basic types of civil cases: uncontested cases and contested cases. In an uncontested case, the two sides agree on the desired outcome, but take the matter to court to make it legally binding. Uncontested cases might include a personal injury case where the defendant admits fault, but monetary damages must be determined. Navigating an uncontested case is similar to contract law; broad or imprecise language can lead to problems in the future. An attorney is recommend to help create a clear agreement, so the court understands your preferred outcome.

A contested case occurs when the parties disagree over the possible outcome. Even when you know you’re completely in the right, you should hire an attorney for a civil trial. An attorney will help you through the complicated preparation process, and they’ll know what to do if something unexpected happens during the trial. An attorney can also help both parties find a compromise, settling the case before it goes to trial.

Don’t wait until a small problem becomes a big problem. If you’re involved in a civil matter, contact the Agarwal Law Firm today. We fight for our clients, doing everything we can to give them the best chance of winning their case. If you’d like us to do the same for you, use our contact page or call us at (210) 588-9182.