Avoiding Ambiguities to Prevent Future Legal Headaches

Posted by Malvin Feinberg on July 31st, 2015

As litigators, we’re often faced with issues involving disputes related to transactions that lack of clarity required to properly protect the parties. As most business owners know, litigation can be extremely expensive, risky, and uncertain. While it may be a bit idealistic to expect all business dealings to be documented with absolutely zero ambiguity, businesses and their transactional counsel should always strive to document their dealings in a manner that is as clear as can be. An “ambiguity” is a provision that is susceptible to more than one reasonable interpretation. Well drafted transactional documents and contracts should only be subject to one possible reasonable interpretation. Otherwise, the parties run many risks. First and foremost, there is a much greater risk of disputes arising out of poorly drafted documents or transactions that were not consummated by a written agreement. Any prudent business person will attempt to avoid litigation to the greatest extent possible. While for a large business or enterprise, litigation may be inevitable, the goal is to reduce use the risk of litigation as much as possible, while increasing your odds of success. The best way to avoid litigation in the first place gives your potential opposing party as little ammunition as possible. Thus, it is imperative that all transactions are documented in an unambiguous manner so that the intention of the parties is abundantly clear. Before finalizing any transaction, you should seek the advice of competent counsel in order to reduce the future risk of litigation to the greatest extent possible.

The Fort Lauderdale attorneys at Malvin Feinberg, a South Florida business law firm, represent businesses and individuals in connection with solving their legal matters in an efficient and cost effective manner. Malvin Feinberg’s business lawyers represent individuals and business of all sizes in a variety of practice areas, including business litigation and dispute resolution, real estate litigation, business transactions, employment law, landlord-tenant law, creditors’ and debtors’ rights, and civil appeals.

The Fort Lauderdale business law firm of Malvin Feinberg is operated by partners Shaun H. Malvin and Joshua B. Feinberg. Prior to forming Malvin Feinberg, both Mr. Malvin and Mr. Feinberg practiced law at some of the country’s most prestigious law firms. Our business attorneys are members of The Florida Bar and are admitted to practice before all Florida state courts. Our lawyers are also admitted to practice before the United State District Courts for the Southern, Middle, and Northern Districts of Florida. Whether your case is simple or complicated, they will give you equal attention and strive to achieve your desired goals as efficiently as possible. To learn more about the firm, please visit www.malvinfeinberg.com or call 954-628-3939 to discuss your case.