Contract Review, Negotiation, Litigation and Dispute Resolution

Unfortunately, often times a business or an individual will enter into a contract without a complete understanding of the meaning of terms that are in the contract. A person or individual that is in the process of entering a contract is always better off asking questions, gaining understanding, and

negotiating details prior to entering into the contractual relationship. Often times if the terms and implications of a contract are not understood and something goes wrong, a party to the contract can be harmed.

Instead of waiting until the contract is signed and something goes wrong, contact the Pick Law Office [Hyperlink to Contact Form] to assist you in reviewing and understanding the contract. If you are in the process of entering into a contract, the Pick Law Office encourages you to contact us to set up a time [hyperlink to contact form] to review the contract in its entirety before signing. The Pick Law Office will make sure that you have a complete understanding of the terms of the contract scenarios that could go wrong and address those issues to attempt to minimize the potential harm.

If you are already in a contract and something is going wrong, the Pick Law Office can assist in that as well. The Pick Law Office has experience in enforcing contracts, defending a party to a contract, and negotiating solutions to contractual disputes.

How We Can Help

Contract Review and Negotiation: We can review and advise you on your business contracts, employment contracts, real estate contracts, purchase/sale contracts, construction contracts, and other types of contracts. We will point out any potential problems, explain all the legalese, and when needed negotiate changes to the contract.

Risk Assessment: For contracts that you have already entered into, we can advise you on the implications of specific terms that could become problematic if a dispute arises. We can work with you to develop strategies to deal with those terms and suggest strategies that minimize exposure if something goes wrong.

Litigation and Dispute Resolution: If you have been threatened with a lawsuit, received a demand letter, been served a lawsuit, or think you need to enforce the terms of a contract, we can help. If you have entered into a contract and the person or business on the other side of the contract is attempting to or has breached the contract, we can help. The Pick Law Office knows how to litigate contract disputes at trial and arbitration in an effective and cost efficient manner.

Litigation

Unless needed, most people do not choose to be in a lawsuit. Unfortunately, there are situations that can only be resolved in lawsuits. Because of the Pick Law Office’s experience in prosecuting and defending lawsuits, we have learned that initial creative litigation strategies can produce effective cost saving results. This approach involves working with our clients to determine the goals, budget and circumstances. We create the best strategies to reach the goals within the budget and circumstances.

Through focused and intense review, research, preparation and action, the Pick Law Firm serves our clients’ needs by creating pressure and leverage to force a potential early resolution. With that

said, if a settlement cannot be accomplished through early and direct negotiation or mediation, the Pick Law Firm has the litigation and trial experience to help you.

How We Can Help

Pre-Lawsuit Analysis: If you find yourself in a dispute that you have been unable to resolve, are not sure of your options, and know that the issues will escalate, contact the Pick Law Office [hyperlink to contact] for a consult to discuss your options. We can assist you in formulating a strategy early in the process in order increase the potential of a positive outcome to the situation. We often assist clients prior to a lawsuit in situations involving property, employment, business, inheritance, contract, money, or if a client has been damaged by another.

Litigation: If you have been served a lawsuit or need to file a lawsuit due to a situation, the Pick Law Office can assist. Through calculated and effective drafting of pleadings, motion work and discovery, the Pick Law Office can advocate for your needs. If you are in the middle of a lawsuit and feel that you are not being adequately represented, contact the Pick Law Office [contact hyperlink].

Mediation/Mandatory Settlement Conference: Most judges encourage the parties in a lawsuit to attempt to resolve the dispute prior to trial. Typically, the assigned judge will encourage mediation or will order a settlement conference prior to trial. Sometimes, mediation prior to a lawsuit can be an effective tool to learn more about the dispute or resolve the dispute altogether. The Pick Law Office can support you in mediation or at a settlement conference.

Arbitration: Sometimes a dispute will end up going to arbitration instead of a trial. This is usually due to a term included in a contract, a statute requiring arbitration or by an agreement between the parties during litigation. The Pick Law Office has successfully arbitrated numerous disputes and can be your advocate.

Trial: If your dispute is headed to trial, in order to procure the best possible results, it is critical to have counsel that has the experience and knowledge to help you. The Pick Law Office has the experience and knowledge to help you. The Pick Law Office has represented both plaintiffs and defendants at trials involving real estate disputes, trespassing, trust disputes, trustee negligence, real estate broker negligence, contractual disputes, contractor disputes, and negligence and employee disputes.

Business

The Pick Law Office has represented small, medium and large businesses in a diverse range of simple to complicated business issues. If your business is facing issues such as contractual

disputes, employee issues, real property, assets sales issues, partnership disputes and shareholder disputes, the Pick Law Office can guide you to resolution.

HOW WE CAN HELP

Contracts and Agreements: Most businesses enter into a multitude of different agreements and contracts in order to properly operate. Agreements for IT services, employees, services in general, supplies, vendors, distribution, product purchases and leases are but a few. Since contracts are essential for the operation of a business, at times, it is critical to have a legal perspective to make sure that the contract terms are being properly performed. The Pick Law Office can assist you in reviewing, negotiating, defending and enforcing a contract, if needed, to operate your business.

Employee Disputes: If you are having a dispute with an employee, the Pick Law Office can help you in dealing with the situation. From harassment claims, discrimination claims, wage and hour claims or performance issues, the Pick Law Office can help you to deal with issues regarding your employee whether it is by negotiation or litigation.

Real Property Disputes: Whether your business operates out of your home, a rented space or a property that the business owns, issues with the property often arise. Issues that include relationships with neighbors, compliance with rules on the property, tenants, subtenants, construction or the renting or purchasing of a specific property are efficiently resolved with the Pick Law Office.

Ownership Disputes: If you own part of a business as a shareholder, member or partner, the Pick Law Office can support you if issues arise with the other owners of the business.

Board of Director/Office Disputes: Often times, disputes arise between owners, directors and officers of a company regarding the operation of a business. No matter what capacity you hold with respect to the business (shareholder, member, partner, officer, or director), the Pick Law Office can work with you to navigate the legal issues at stake.

Real Estate

The American Dream is often realized when a piece of property is owned. Because the ownership of property is so engrained in Americans, often disputes arise when property owners feel like their rights are not protected. The Pick Law Office offers a wide array of services related to real estate.

HOW WE CAN HELP

Construction: If you are a contractor or have hired a contractor to perform construction or trade services on a piece of property, the Pick Law Office can assist in making sure there is a clear and concise agreement and that your interests are protected. If you have already entered into a contract for construction or services on the property, and issues arise, the Pick Law Office can help you. If you have learned of a defect on the property due to an error or have been threatened that a defect exists, the Pick Law Office will support you. Having represented both owners and contractors in disputes, the Pick Law Office understands how to deal with issues that arise between property owners and construction or trade contractors.

Neighbor Disputes: If your neighbor is causing you some harm by trespassing, creating a nuisance or encroaching on your property, the Pick Law Office can assist you. Often times, it is best to retain an attorney early on in the dispute to insure nothing is overlooked, waived, or more problems created.

Easements: Easements are often the cause of contention because someone will think that the easement is being overused or the terms of the easement are ambiguous and disputed. If the property you own includes an easement or there is an easement against your property and there is a dispute regarding the easement, the Pick Law Office can help. Through negotiation or litigation depending on the circumstances, the Pick Law Office can protect your property interests.

Real Estate Purchases/Sales: If you are in the process of buying or selling property and things are not going smoothly, the Pick Law Office can guide you in understanding your options. If you have bought a piece of property and something was not disclosed about the property, contact the Pick Law Office. If you have sold a piece of property, and the buyer is claiming that you breached the contract, the Pick Law Office can help. No matter what stage of the purchase transaction you are in, the Pick Law Office can help you determine how to best protect your interests.

Real Estate Brokers/Agents: When a real estate purchase does not meet a buyer or seller’s expectations, often times the real estate agent, broker, and brokerage are blamed. The Pick Law Office has defended claims against agents, brokers, and brokerages as well as prosecuted claims against agents, brokers, and brokerages for negligence, misrepresentation, and breach of fiduciary duty in dealing with a transaction. If you are a buyer, seller, agent, or broker and an issue arises regarding a transaction, contact the Pick Law Office [hyperlink to contact] for a consultation.

Real Estate Development/Entitlement: If you are attempting to develop property and need assistance in the permitting, subdivision, entitlement, contracting, or the construction process, the Pick Law Office can help. The Pick Law Office has assisted small and large developers and land owners in the development of residential, commercial, and mixed use properties.

Joint Ownership Issues & Partition: If you own a piece of property along with someone else and there is a disagreement as to how the property should be used or sold, the Pick Law Office can represent you in a partition action to force the split or sale of the property.

Mortgage Disputes & Foreclosures: If you have loaned someone money for the purchase of property or hold a lien or trust deed or lien against a property and the borrower has defaulted or somehow breached an agreement, the Pick Law Office can advocate for you. If your property has been foreclosed or is facing foreclosure, the Pick Law Office can explain your options and fight for the restitution of your property.

Agricultural & Vineyards: California has enjoyed tremendous growth in winemaking, viticulture and agriculture. As a result, winemakers, vineyards and other farmers have been presented with numerous legal challenges. The Pick Law Office can represent you in these challenges and legal issues; including, water rights, easement rights, lease disputes, purchase disputes, contractual disputes, construction disputes, employment disputes, and business structuring. If you are facing any issues regarding the operation of your farm, vineyard or winery, contact the Pick Law Office to assist you.

Probate, Trusts, Estate Planning, Administration and Litigation

Every day in the United States, 10,000 Americans turn 65. The average American lives to be 78.8 years old. Over half of Americans fail to have the simplest estate planning documents in place. What this means is that more Americans have to deal with not only the emotional loss of a loved one, but also the financial difficulty of probate.

Couple these facts with the potential of challenging family dynamics, whatever your parents, grandparents, siblings or other family members worked hard to earn and save could be lost in the process. It is critical to have the proper estate planning documents in place. The Pick Law Office can assist in this process.

If you have a loved one that is declining and assistance is needed for financial and physical care, contact the Pick Law Office to establish a conservatorship or guardianship.

HOW WE CAN HELP

Estate Planning: The Pick Law Office can draft and develop an estate plan that avoids probate and minimizes tax exposure. The estate plan could include the creation of a trust, will, powers of attorney, or other vehicles.

Intestate Succession: If a loved one has died without a will or trust and you are not sure what happens with the person’s estate, the Pick Law Office can assist you and your family.

Probate of Will: If you have lost a loved one and are named a beneficiary or the personal representative or executor of the estate, the Pick Law Office can help you navigate probating the will and estate.

Trustee Removal: If you are a beneficiary of a trust and the trustee is not acting with your best interest, contact the Pick Law Office. The Pick Law Office has been successful in removing trustees based on fraud, negligence, breach of fiduciary duty, or breach of the trust documents.

Trust Administration: If you have been appointed the trustee of a trust and are not sure what your duties are, the Pick Law Office can help. The Pick Law Office can assist you in accounting, inventory, distributions, notices, and other issues to make sure you are fulfilling your duties as trustee.

Trustee Defense: If you are a trustee of a trust and have been sued, the Pick Law Office can help.

Conservatorship/Guardianship: If you have a loved one that has declined in his or her capacity to the point that they cannot make decisions on their own, the Pick Law Office can assist in establishing a conservatorship or guardianship. If someone is trying to establish a conservatorship or guardianship, and you disagree with who should care for your loved one, the Pick Law Office can be your advocate.

Will/Trust Challenges: If you believe that a loved one executed a will or trust under duress, coercion, lack of capacity, or there is fraud involved, the Pick Law Office can help.