There is a common saying in the business world that “time is money”. This is true on any normal day, and doubly so when litigation is involved in the picture. With legal costs being what they are, lawyers, judges and business owners heartily agree with the saying “justice delayed is justice denied”. The two quotes, one in the world of business and one in the legal world mean the same thing: justice must not only be served, but it should be served at the earliest possible opportunity. Sometimes, the quicker your lawyer can usher a resolution, of any variety, the quicker you can put an old dispute to rest and get on with life.
A Timely Solution
You may find that some cases need a quick resolution, or at the very least, temporary relief to uphold the rights of your business. In most litigations that involve business, opponents—especially market competitors— may want to delay the court enough to damage the business’s reputation. In such a situation, the only option available to you as a business owner is to contact your lawyer and ask them to get you preliminary relief.
In California business litigation, preliminary relief is also referred to as temporary injunctions. These are extraordinary remedies that provide one of the party temporary relief by instructing the other party to either take a certain measure or refrain from certain activities to ensure that the plaintiffs rights are upheld.
Sometimes in California business litigation, lack of a temporary relief could hamper a business’s prospects, for example a copy right infringement case would be useless if the competitor is able to introduce products made from alleged violation into the market before the case comes to a close. It should however be remembered that this temporary relief is only temporary and the decision at the end of the case is binding.
Here is a list of certain situations where a preliminary relief may be provided:
- A risk of irreparable damage without the injunctive relief
- In cases where it seems that the plaintiffs case is going to prevail at the end
- The defendant is involved in fraudulent activities
- Lack of adequate remedies at law
How Will a Good Lawyer Win You Preliminary Relief?
A good lawyer is well versed in handling California business litigation cases; they will know how to win you preliminary relief. Here is a list of some of the ways they might go about their work.
· By being quick to start proceedings
A preliminary relief is asking the court to grant you a remedy that saves time so that your business doesn’t have to suffer the losses that a delay can cause. It would be ironic if your lawyer delays filing the proceeding. A court will want to know when the actions occurred and if they learn about a delay from the plaintiff’s side, they might not give importance to the relief claim.
· Researching about the Judge
There are some judges that are able to grant injunctions easily while others may be harder to persuade. A good lawyer will know the judge they are pleading their case against and will therefore develop a strategy based on the respective judge.
· Show Irreparable Damage
Judges are willing to grant preliminary relief to a party as long as it can show that not doing so would cause them irreparable damage. Profit and losses are the two pillars of business and increasing one could hamper the entire business, hence your layer needs to be clear of the damage that it would cause and put that out clearly in front of the judge.
If you are seeking temporary relief, contact us today to enjoy the services of the best California business litigation lawyers!