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C. Pierce Campbell

Shareholder | Florence, SC |

pcampbell@turnerpadget.com   |   vcard   |   843-656-4429

Blog Posts

Communication is the Key to Managing Litigation

Communication is essential to a good relationship between an attorney and client in litigation. One thing we don’t ever want to hear from a client is that she went into a meeting and was asked about the status of a lawsuit and didn’t know what to tell her directors or partners. Our philosophy is that clients should always know where their litigation stands.  

That doesn’t necessarily mean daily phone calls — more is not always better. While some business leaders want to know about everything that happens in their case, others just want us to hit the high points. They’re busy people running a business, and they tell us not to bother them with anything except important developments. 

Both styles work, and it’s important for the lawyer and client to establish right at the beginning what kind of communications process they are going to use.

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Be Careful What You Sign: Red Flags in Commercial Contracts

When businesses sign a contract, they’re usually focused on the opportunity it represents – a new customer, a better supplier or a partnership that expands their reach. Unfortunately, when we, as lawyers, see some of these same contracts, it’s after the air has gone out of such expectations and a deal has soured. 

While our best advice is to have every contract reviewed by your attorney, we realize that most businesses aren’t going to do that for every agreement. If there is a lot of money – or risk – involved, consider asking your attorney to review a contract – a process that usually isn’t time consuming for legal counsel familiar with your business. 

However, in those cases where you choose not to make a call to your attorney, here are some things to watch for based on our experience. 

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Don’t Automatically Include Arbitration Clauses in Commercial Contracts

For years, mandatory arbitration clauses have been almost automatically included in many commercial contracts, because they’ve been regarded as cost-effective detours for matters that might otherwise work their way through the courts. Over the last few years, we’ve adopted a more critical view of arbitration, and now regard it as a good strategy for some clients, but not for others.

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