Some Arbitrators at Judicate West make 10K a day. Paying an attorney could also be $400.00 or more per hour. Are you sure you want to spend 30K or more to chase 30K?
You posted this on the Q&A page, and you should look at the "Find a Lawyer" page to find business litigators in your area. Given the relatively modest amount at stake, you'll want to negotiate a reduced hourly rate, or maybe a hybrid hourly/contingency fee arrangement.
Note: almost no legal dispute isy "clear cut." Or more accurately, each side thinks the facts are clear cut in their own favor.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
1. Does your agreement call for disputes to go to Judicate West? (A very good Arbitration and Mediation outfit).
2. Does your agreement have a provision which states that the prevailing party can, will or shall be entitled to attorney's fees?
3. I agree, no dispute is "clear cut", although some are much better than others.
4. You should call a few lawyers to review your agreement and your facts to see if your case is worth pursuing.
5. Good Luck with this matter. I am a business lawyer in Orange County California.
*Scott G. Nathan has been licensed to practice law in California since 1983. The information presented here is general in nature and is not intended, nor should it be construed as legal advice for any particular case or matter. This posting does not create any attorney-client relationship with Scott G. Nathan or my law firm. For specific advice about your particular situation, you should consult with an attorney immediately.
You definitely need to speak with an experienced business attorney and have them assess your case and make recommendations regarding how best to proceed. It will be very important for the attorney to hear what the other side position. Can you share what they are saying about your money and claim to a controlling interest?
Is there any attorneys' fees provision in your agreement? Who is required to pay for the arbitration? More facts are required to give an opinion here. Feel free to contact our office for a free consult.
This answer does not create an attorney-client relationship between Jassim & Associates or any of its attorneys. We are not your attorney unless we both sign a written contract that describes our relationship and terms, the scope of our representation, and terms of payment for representation. Any information provided to you here should not be construed as legal advice, and an in detail review of the facts of your matter would likely affect any information provided. There could be deadlines to act in any case, after which your legal rights could be lost forever. You should contact an attorney licensed in your state immediately to be sure your rights are protected.
The amount in controversy appears to be low on your end. So, your own efforts to prepare this case are important as the more work your counsel conducts, the diminishing returns available. F Unless there is a Prevailing Party clause (Attorney's fees Clause), recovery for attorneys' fees under the agreement may be challenging. More information is required including a copy of the Company Bylaws. Perhaps turning this matter to Judicate West for Mediation first is a better solution. Taking over controlling interest of the business may not be subject to arbitration either as your seeking injunctive relief. It depends on your Buy/Sell agreement and Bylaws. The amount in dispute may be more as well as shares value may be in dispute. It is not clear how the value of the majority shareholder's interest is less than $30,000 either. Valuation of the business may be required to force the sale of the shares.
Tim Broussard, Esq
This email does not create an Attorney-Client relationship.