That is the first question any experienced business litigation attorney should help you answer, and it is the one most people skip in the heat of a dispute.
Litigation is expensive, time-consuming, and uncertain. It is also sometimes the right call. The difference between those two situations comes down to a clear-eyed assessment of your legal position, the likely cost and timeline, what you stand to gain, and what the other side’s incentives are. That is the conversation we start with at Gamboa Law Firm.
We represent businesses and individuals in commercial disputes across a range of matters, including:
Our clients range from small business owners navigating a dispute for the first time to established companies dealing with complex multi-party litigation. What they have in common is a need for direct, practical counsel from an attorney who actually goes to court.
There is a version of legal representation where an attorney files motions, sends letters, and runs up hours without ever giving you a frank assessment of where things actually stand. That is not how we work.
From the first conversation, we focus on three things:
The strength of your position
Not just whether you have a claim or a defense, but how strong it is, where the weaknesses are, and how a judge or jury is likely to see it.
The realistic range of outcomes
Litigation involves uncertainty. We will give you an honest view of the best and worst case scenarios, not just the version you want to hear.
The cost-benefit calculation
Legal fees, time, distraction, and risk on one side. Potential recovery or liability on the other. That analysis should drive every decision about how aggressively to pursue or defend a case.
Courtroom litigation is one option, not the only one. Depending on your situation and what your contracts require, there are several ways a business dispute can be resolved.
Negotiation is always the first consideration. A direct, well-framed demand backed by a credible legal position resolves more disputes than most people expect.
Mediation brings in a neutral third party to facilitate a resolution. It is non-binding, relatively efficient, and preserves business relationships better than litigation when that matters.
Arbitration is a private, binding process that is faster and less formal than court. Many commercial contracts require it. If yours does, we will tell you upfront and prepare accordingly.
Litigation is appropriate when the other options have failed, when the other side is not engaging in good faith, or when the stakes justify the investment. When that is where things are headed, having an attorney with actual trial experience is not a luxury.
A significant portion of business disputes settle, which leads some attorneys to treat trial preparation as a formality. The problem with that approach is that the other side knows it.
Adam handles both business litigation and complex personal injury cases, which means he is in court regularly, taking and defending depositions, managing discovery disputes, and trying cases when necessary. That active litigation practice shapes how we approach every case, including the ones that settle, because a credible trial threat produces better settlements.