Litigation

Smith, Welch’s foundation as a firm is built on pre-eminent civil litigation. Since its inception, our firm has enjoyed a reputation of aggressively fighting for our clients and routinely obtaining exceptional results. Today, the firm is home to attorneys that have been recognized by such organizations as SuperLawyers, Best Lawyers, and National Trial Lawyers Top 100, among others, in various litigation fields.

Whether you are pursuing damages against someone that has harmed you or you are defending yourself from a lawsuit, you need experienced counsel that will effectively present your story to a judge or jury. From magistrate court to the United States Supreme Court and almost all courts in Georgia in between, from contract and business disputes, to real estate and property disputes, to personal injury, to construction, to estates and will contests, to unfair business practices, to zoning disputes, we have successfully represented clients in thousands of matters all over the State.

Civil Litigation

Our experienced civil litigation attorneys regularly represent individuals and businesses in civil disputes involving a wide range of issues in all federal and state courts, as well as appeals to both federal and state appellate courts. Whether you are pursuing damages against someone who has harmed you or you are the party being sued, you need experienced counsel that will persuasively present your side of the facts to the judge or jury. We have successfully represented clients in civil litigation matters involving simple and complex contract disputes, employment discrimination, wrongful termination, real estate and property disputes, personal injury, property damages, probate of estates, will contests, fraud, construction defects, and unfair business practices and zoning disputes.

Effective representation in complex civil litigation requires experience in and out of the courtroom and our attorneys will provide you with quality representation from the initial investigation stage through negotiation, trial and appeal, if necessary. At SWWW, we believe there is absolutely no substitute for hard work and thorough preparation, from the inception of the litigation process to its conclusion.

Business Litigation

Our firm offers an established general business practice that includes problem solving and strategic advance planning in business law. This section handles work involving acquisitions, buy and sell agreements, corporations, employment agreements, independent contractor agreements, financing options, joint ventures, limited liability companies, partnerships, sales, and shareholder agreements.

Helping Business Owners Resolve Corporate Disputes

When starting a business, entrepreneurs must consider countless issues; how should the business be structured? Where should it be located? Who should be hired? Rarely, however, is the prospect of litigious conflict with clients or colleagues considered and addressed until it is too late. Having an experienced business dispute attorney on your side in the face of conflict may, however, significantly reduce your company’s exposure to liability thereby decreasing the probability of dissolution or an unwanted merger. Whether you are just starting your business or are a decades-old member of the corporate market, our firm can provide knowledgeable legal counsel to assist you with the gamut of corporate conflicts that can, and often do, arise on a regular basis.

There are a number of business disputes, both foreseen and unexpected, that give rise to the need for legal counsel. Our primary objective in resolving conflict on behalf of our clients is to arrive at a solution benefitting all sides while avoiding the need to engage in costly discovery and an eventual trial. Our corporate dispute lawyers are adept at handling the sensitive and fact-intensive negotiations process and will work tirelessly to settle your dispute without judicial intervention. Of course, when the possibility of a negotiated settlement proves impossible or unworkable in light of the facts of the dispute, our attorneys will use their knowledge of civil procedure, corporations and commercial code laws to zealously advocate your position in a court of law.

Corporate disputes can vary from simple breach of contract claims to multi-million dollar allegations of fraud and misconduct. Our experienced business dispute attorneys routinely handle many of the following areas of commercial disagreement:

Contract Disputes: If you are in a disagreement with an employee, customer or colleague about a provision of a contract, our firm can help negotiate a mutual agreement to benefit both sides. Disputes commonly arise in contracts for the sale and delivery of goods, employment or partnership agreements, insurance policies, non-compete clauses or commercial leases;

Shareholder or Partnership Disputes: Conflict between corporate governance and shareholders is not uncommon. As well, partners often face disagreement over governing policies or corporate direction. Our legal team can help resolve shareholder and partnership issues to give your company the opportunity to move forward in a positive direction;

Disputes with Other Companies: Litigation often arises when a customer or client is dissatisfied with a company’s product or services, including disputes with suppliers, vendors or manufacturers. Working with our firm can significantly reduce your exposure to liability and help both parties maintain their corporate relationship and mutual trust;

Government Compliance: At one time or another, every company is faced with questions or issues stemming from regulations imposed by a government entity. Whether you have non-complex IRS compliance concerns or are unsure of how SEC regulations affect your company, our attorneys can help you understand the statutes and adhere to state and federal corporate rules;

Sales, Mergers or Acquisitions: Corporate restructuring can involve multiple areas of law from government compliance to shareholder liability. If your company is considering a sale, merger or acquisition, contact one of our knowledgeable corporate attorneys to discuss the proposed transaction and avoid a dispute before one arises.

Contact an Experienced and Reputable Business Dispute Attorney Today

As you navigate the facets of business ownership, our business dispute law firm can work alongside you to help avoid potential conflict or devise a workable solution once conflict occurs. For more information or to arrange for a consultation, contact our offices today.

Real Estate Litigation

The process of buying, selling or developing real property is one of the most complex areas of the law as they involve old common law and modern secured transactions as well as lending regulations. If you are a buyer, seller or land developer embroiled in a real estate dispute or would like to take precautions to avoid conflict, our real estate litigation attorneys can work with you to ensure your money and property rights are adequately protected against adverse parties and claims.

On paper, purchasing real estate seems like a relatively straightforward transaction: make an offer, wait for acceptance, draft a contract, settle the deal and exchange the money. However, each step of the purchase process represents a potential point of disagreement or misunderstanding. Our real estate litigation attorneys are adept at handling any problems that arise in the sale or purchase of a home, including:

• Disputes occurring in the drafting and execution of a purchase contract;
• Handling a rescission or misrepresentation by the buyer or seller;
• Problems with the title or survey;
• State and local regulations, including compliance with zoning ordinances;
• Issues with a mortgage lender;
• Disagreements involving new home construction and implied or express warranties.

Whether you are a seller with misgivings about the purchase contract, a buyer with questions about title or a developer in a dispute with your current residents, working with a real estate litigation attorney is the best way to avoid and overcome conflict in a cost-effective manner.

In the context of residential real estate, our attorneys can handle even the most unusual of problems. For instance, some buyers have run into complications with government entities over land use, requiring a land use appeal. Instead of facing the land use appeals board on your own, an attorney can present your case and argue why your planned development or historical designation is within the municipal zoning laws.

We are similarly skilled in reviewing the results of a title search and taking appropriate action to clear clouds on your title. A cloud on a title is a term referring to a potential claim or land interest by another party, which can result in the inability of a buyer or seller to settle the purchase contract. More specifically, banks and lending institutions will generally not lend money for the purchase of a home if there appears to be a cloud on the title. By working with a real estate litigation attorney, you can avoid or settle problems with adverse possessors, agricultural tenants or creditors with judgments attached to the land.

In order to escape the many lurking pitfalls inherent in real estate transactions, we encourage you to contact our real estate firm for more information or to schedule a consultation.