Since the 1970's, the Finkel Law Firm has been representing clients in a wide range of business situations.  The Firm’s business development section focuses on contract formation.  The Firm’s litigation department focuses on resolving disputes when they arise.  Because of the strength and experience of our litigation department, our business development section is well aware of how things can go wrong and the pitfalls in the development of any contractual relationship.  Being the two sides of the same coin, the business development section seeks to prevent trouble from happening and the litigation section seeks to resolve the dispute in favor of our client, when trouble  develops. 

Contract Formation

The Finkel Law Firm seeks to take a holistic approach to the representation of its clients in contract negotiations and formations.  The primary function of an attorney in contract formation is to resolve the uncertainties created by the negotiation process.  Such uncertainties can be as simple as the buyer thinking that they were paying a certain price for a commodity while the seller thinking they were paying that price plus shipping and handling.  Obviously, the more complex the purpose of the contract, the greater the likelihood for uncertainties to be created in the negotiation process. 

By first understanding the client’s business and the business’s relationships with others, the Finkel Law Firm is able to develop a consistent, cohesive approach to a client’s legal contract needs.  The more the Finkel Law Firm knows about a client’s business, the more we can bring to the discussions with the client to resolve the uncertainties.

Contracts can take many forms and can define many different relationships.  Over the past thirty five years, the Finkel Law Firm has been involved in just about every type of relationship including:

1.  Business development and negotiation between the developers of the business, including joint venture agreements, shareholder agreements, limited liability management agreements, partnership agreements and the formation of various corporate structures.

2.  Sales of commercial property and going concerns, including the sale of manufacturing facilities, franchise operations, convenience stores and truck stops, golf courses, health care facilities, and other types of business. 

3.  Sales of residential real property, including contract for sale, real property closings, planned unit developments, and zoning issues.
 
4.  Forbearance agreements including work out agreements, buy out agreements, deed in lieu of foreclosure agreements, moratorium agreements, and other agreements seeking to document the terms through which a business can continue to operate through difficult times.

5.  Employment agreements, consulting contracts, non-compete agreements, confidentiality agreements, non-disturbance agreements and non-disparagement agreements.

6.  Distribution contracts, franchise agreements, supplier agreements, purchase agreements, processing and warehousing agreements and sole source agreements.

7.  Notes, mortgages, security agreements, security interests, and guarantees.

In its thirty five years, the Finkel Law Firm has been involved in the multi-million dollar sale of manufacturing facilities, the purchasing, processing and warehouse of tens of millions of dollars in agricultural commodities, and the liquidation of everything from chains of retail stores such as Sam Solomon Company and Brittons to the liquidation of ships and a shipyard in the Braswell Shipyard, Inc. case. 

Contract Litigation

Unfortunately in today’s society, contracts are not always drafted in such a way as to resolve the uncertainties in a relationship.  Disputes develop either because of a misunderstanding or because one side believes that it is no longer in its best interest to honor the terms of the contract.  Then, it is time to turn the dispute over to the litigation department. 

Whether suing for breach of contract, breach of contract accompanied with fraud in the inducement, breach of contract accompanied by a fraudulent act, negligent breach of contract, anticipatory repudiation, shareholder derivative suits, partnership accountings, unfair trade practices, unfair business practices, unfair competition, or many other types of contract litigation, the Finkel Law Firm has brought these claims and defended against these claims in the state courts of South Carolina and in the Federal Courts of South Carolina. 

Further, with attorneys licensed to practice in South Carolina, Georgia and Florida, the Finkel Law Firm’s litigation department provides for a regional representation. 

Conclusion

Whether it is in the formation of a contract or resolving a dispute over a contract, the Finkel Law Firm brings its wealth of experience and understanding to provide the best possible legal serve for the client.