The Law Office of Wesley Scott Jones, P.C.

litigation attorney wilmington nc

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Business Litigation Matters

Business Litigation MattersWhen Wilmington attorney Wesley Scott Jones takes on a case, his goal is to handle the matter swiftly and effectively.  As a business and lawyer and litigator, Wesley appreciates that his clients want to get back to business, not spend their valuable time in a courtroom. Over the years, attorney Jones has represented both plaintiffs and defendants from large and small businesses, including family-owned businesses, Corporations, Limited Liability Companies, Sole Proprietors, and Franchises, both big and small in District Court, Superior Court, Federal Court and in Mediation.  Learn more about Business Litigation Services from Wesley Jones.

Whether the business owner is a new or experienced professional, the wide variety of issues that can escalate into a legal dispute is truly amazing.  That is why it makes sense to retain the services of a skilled litigator, just in case.  In recent years, Attorney Jones has represented clients throughout the courtrooms of southeastern North Carolina, in matters such as:

  • Account Collection
  • Breach of Contract
  • Breach of Corporate Duty
  • Business Judgment Rule
  • Contract Disputes
  • Collection of Past Due Accounts
  • Deceptive Trade Practices
  • Deceptive Business Practices
  • Debt Collection
  • Delinquent Accounts
  • False Statements
  • Franchisor-Franchisee Disputes
  • Fraud
  • Interference with Contracts or Business Relations
  • Judgment Recovery
  • Misappropriation of Trade Secrets
  • Misrepresentation
  • Negligent Misrepresentation
  • Nonpayment
  • Ownership Disputes
  • Partnership Disputes
  • Payment Disputes
  • Piercing the Corporate Veil
  • Torts
  • Unfair and Deceptive Trade Practices
  • Unfinished Work
  • Undelivered Goods

Most everyone going into a business or construction deal is usually hopeful and excited about the anticipated end result.  Ensure smooth sailing for your business and gain piece of mind with a little help from the Law Office of Wesley Scott Jones.  To learn more about the services his firm provides, please call lawyer Wesley Jones today at 910-256-5800 for a free consultation.

Wesley Jones is a Litigation Lawyer serving all of Southeastern North Carolina including  New Hanover County (e.g. Wilmington, Kure Beach, Wrightsville Beach, Carolina Beach and the areas of Ogden, Masonboro, Myrtle Grove, Landfall, and Mayfair), all of Pender County (e.g. Burgaw, Surf City, Hampstead and Topsail Beach) and all of Brunswick County (e.g. Bald Head Island, Bolivia, Calabash, Leland, Shallotte, Southport, Saint James, Ocean Isle, and Oak Island).

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Proper File Management in Your Construction Firm

Construction FilingIn today’s world of hi-tech communication, some may think the concepts of establishing a “paper trail” and “getting it in writing” are almost obsolete. Some construction professionals assume it’s enough to have a well-executed contract and rely on text messages and e-mails to communicate with clients, vendors, inspectors, and subcontractors during a building project. Regardless of the job, there should always be a solid documentation process that is well understood and executed to the letter by you and all of your employees.

For the uninitiated, grasping the amount of paperwork involved for a building project, even a simple one-can be mind-boggling. From the job’s initial proposal to the final walk-through, the number of documents and forms is sizeable. Consider a few of these items that must be accounted for, especially if there are ever any legal issues that arise, before, during, or even after the work is complete: proposals, estimates, supply receipts, surveys, inspections, pay stubs, building plans, and all correspondence among all of the parties involved in the endeavor. Communications that rely on digital media and e-mails must also be accounted for.

When a business owner understands what is known in legal terms as the “discovery process,” he or she can then appreciate why thorough documentation of every step is vital. Of course no one ever expects to face legal trouble. However, in the construction industry, there are just too many factors at play to take any chances. To set things up for smooth sailing, there are just a few necessary procedures to follow. The idea of such in-depth record keeping may seem over the top at first, however, if and when a lawsuit rears its ugly head, you’ll be glad the system was in place.

In the act of discovery, information is obtained using all means and methods. This fact-finding is an integral part of prosecuting or defending a lawsuit. Questions are posed by the plaintiff’s legal team, and with the assistance of your attorney, the answers are provided. This will require the production of any or all documents that pertain to any or all phases of the project. It is important to understand that in the discovery period, items may be requested that do not even seem relevant to the case, however, you will be responsible for making them available. A few examples of typical requested articles are:

  • Hand written notes, personal or business calendars, and e-mails
  • Communications in any form sent by one of your employees to anyone involved in the job, from the client to the subcontractors. Even if the individuals had a friendship or causal acquaintanceship, their transmissions may be viewed as admissible in a court of law.
  • Meeting minutes

For the sake of discovery, all documents, including notes jotted down on post-in notes or scrap paper and personal journals can be requested.

To cover all your bases, a system for recording all aspects of the project must be in place.

Creating a system such as this is just as important as developing your contractual documents and is another example of why retaining legal counsel is essential for success. It’s a preventive measure that equates to wearing a seat belt, bike helmet, or installing smoke alarms. Protect yourself with an ironclad document filing system!

Here are the steps to consider:

  • Familiarize each employee with the proper procedures for acquiring and filing all paperwork, including e-mails. Ensure that everyone is using the same system for filing whether it’s for paper records or e-mail folders. Also stress that keeping detailed, chronological information is the only way to do it. Encourage everyone to ask if they are ever unsure about the company’s record-keeping system.
  • Stress the importance of establishing detailed and clear contracts and proposals. The procedure should follow a logical progression and if one step is skipped, such as unclear points that go unanswered or failure to sign a document, then the process stops until the issue is resolved. Consistency and accountability are the keys to success.
  • Know your employees and monitor any inappropriate behavior such as posts on social media sites. Also, insist that they enter all work related items into the company’s computer system rather than keeping it on their personal computer, even if the computer was provided by the firm.
  • Keep a special, separate file marked “Problems” or “Unresolved Issues”. If any one, including a client, supplier, subcontractor, employee or inspector voices concern or displeasure during any phase of the work-document it. Having access to such details could be vital if the issue escalates and winds up in a legal dispute.
  • When matters from the “Problem File” result in further action being taken, move the paperwork regarding those activities to another special folder labeled, “Legal”. This information should also be kept separate from the other files and ideally in a different location to prevent inadvertent disclosure.
  • Finally, explain to all employees that when creating e-mails, letters, faxes, social site posts, or even phone conversations, that the “Grandmother Rules” should be followed. That is, mind your manners, follow the Golden Rule, when in doubt-don’t, and treat everyone with respect.

If you would like to discuss ways to mange your construction firm’s files and important papers, Wilmington attorney Wesley Scott Jones is just a phone call away. Wes has represented numerous construction and home building  professionals in the greater Wilmington area, including architects, developers, contractors, and subcontractors. His office is located in beautiful Lumina Station across from Landfall just before the Wrightsville Beach bridge in Wilmington, NC. Please, call today for a free consultation – 910-256-5800.

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Litigation Services in Wilmington, NC

Litigation AttorneyWesley Scott Jones is a local attorney with a high degree of expertise in the multi-faceted process of litigation. As an experienced trial lawyer, Wes is able to represent plaintiffs and defendants in District, Federal, and Superior Court.

The key to attorney Jones’ success is his experience in managing all phases of the litigation process such as investigation, pleadings and discovery, pre-trial responsibilities, trial and courtroom proceedings, settlement and the appeal process.

As a litigator, attorney Jones specializes in:

Each case comes with its own unique set of circumstances, which is why Wes goes the extra mile in conducting in-depth investigations to ensure there is enough evidence to file a lawsuit. This procedure involves having a thorough interview with the client, locating witnesses, taking their statements, gathering documents, checking and re-checking the facts that resulted in the dispute. During these proceedings, it may become apparent that a pre-litigation settlement can resolve the issue before a lawsuit is even filed.

If you are considering hiring Wes as your litigator, here’s a quick look at the Basic Breakdown of the Litigation Process:

Pleadings – During this phase, the facts are reviewed prior to drafting a wide variety of pleadings and motions on behalf of the client. Formal complaints and official summons documents are also formulated at this time. Whether the client is the plaintiff or the defendant, allegations are investigated, responses are discussed, and a number of motions may be drafted including motions to strike, dismiss, amend or change venue and motions for judgment on the pleadings.

Discovery – This is when the litigation attorney gathers information and evidence that is relevant to the case. The discovery process is a vital step litigators use to find out the facts relating to the problem, identify the extenuating circumstances, and developing a strategy for how the case should proceed.

Pre-Trial – During this stage, attorney Jones will consult with and advise clients; acquire expert witnesses, attend pre-trial conferences and develop a trial strategy based on the facts and evidence. Pre-trial work also requires working with key witnesses, preparing trial exhibits, articulating arguments and pre-trial motions.

Trial – The good news is most lawsuits are settled before they come to trial. However, when cases cannot be resolved, attorney Jones is well-versed and extremely experienced in all such matters including witness and jury preparation, identifying the case’s strengths and weaknesses, using them to their fullest potential, and the art of persuasive reasoning.

Settlement – As a litigator, Wes always has the best interests of his clients in mind, which is why seeking a settlement as opposed to going to trial, is a worthy goal. Cases settled out of court usually always save both parties a great deal of time and expense. To ensure that clients are satisfied when a settlement is the solution, Wes conducts an extensive number of mediation and settlement conferences with both parties and the judge to ensure the best outcome is reached.

Appeal – When a favorable outcome is not reached, then Wes may consider appealing the case.

If you would like to meet with Wes to discuss whether or not legal action is the next step, please call the office at 910-256-5800 to set up a consultation.