Have your legal position assessed

Determining your legal position means that a legal expert or lawyer assesses your legal standing. In doing so, we consider your rights, obligations, evidentiary position, contractual agreements, and litigation risks.

The goal is not only to know whether you are right. The primary goal is to determine what is sensible. Sometimes negotiating is better than litigating. At other times, swift action is necessary to secure evidence, prevent the statute of limitations from expiring, or put pressure on the opposing party.

At MKB Juristen, you therefore do not receive a general answer, but a concrete assessment of your situation. Afterwards, you will know which next steps make legal and commercial sense.

Have your legal position assessed as soon as a conflict is imminent or when you have doubts about your legal position. Do not wait until the opposing party has already engaged a lawyer or initiated proceedings.

An assessment is particularly advisable in the event of a business dispute, breach of contract, payment dispute, employment dispute, shareholder dispute, lease agreement, dismissal issue, or dispute with a supplier or customer.

The sooner you know where you stand, the more room there usually is for a practical solution. This prevents unnecessary costs and reduces the chance of taking a wrong step.

Which documents are required depends on the type of conflict. Often, these involve contracts, terms and conditions, emails, WhatsApp messages, invoices, notices of default, quotations, minutes, or previous correspondence.

In the event of a contractual dispute, we review, for example, the agreement, the obligations of the parties, potential termination options, and limitations of liability. Do you primarily have a question regarding the contract? Then our ContractCheck™ be relevant.

Regarding employment law matters, we examine, among other things, the employment contract, warnings, file building, payslips, absence documents, and termination proposals. See also our page on dismissal law.

The chance of success does not depend solely on the law. At least as important are the facts, the evidence, the attitude of the opposing party, and the financial interest of the case.

We therefore first assess what is legally established. Next, we examine which facts remain uncertain. Subsequently, we determine which route yields the best results: a letter, negotiation, formal demand, mediation, summary proceedings, or main proceedings.

Sometimes your legal position is strong, but litigation is commercially unwise. Conversely, a weaker evidentiary position may still be sufficient to reach a good settlement. That is why we combine legal analysis with a practical litigation strategy.

Brief legal advice is suitable if you have one or a few specific questions. For example: may I terminate this agreement, do I have to pay, or can I hold an employee liable?

Determining your legal position goes further. We then assess the entire file. We examine the facts, documents, the opposing party, your evidentiary position, risks, and possible next steps.

That route is particularly suitable for conflicts where more is at stake. Think of a business dispute, impending legal proceedings, termination of a partnership, or a discussion regarding liability.

Yes. A good negotiation begins with a clear legal position. You need to know what you can demand, where your weak points lie, and which concessions are responsible.

If your position is strong, a firm formal notice or negotiation strategy may be necessary. If your position is uncertain, a more cautious approach may be better. In both cases, a legal assessment prevents you from giving away too much or, conversely, from escalating unnecessarily.

When negotiation is the best route, our legal experts or lawyers can also act on your behalf. Read more about negotiation by a lawyer or legal expert.

Litigation is advisable if negotiations yield no results, the opposing party continues to refuse, or swift intervention is necessary. Examples include unpaid invoices, breach of contract, unfair competition, attachment of assets, urgent employment matters, or impending damages.

However, litigation is not always the best choice. Legal proceedings cost time, money, and energy. There is also always a risk involved. Therefore, we first assess whether the case is legally strong enough and whether the expected return outweighs the costs.

If litigation is necessary, we determine the appropriate procedure. This may involve summary proceedings, main proceedings, petition proceedings, or debt collection proceedings. Please also see our page on litigation by a lawyer or legal expert.

After the assessment, you will know where you stand legally. You will gain insight into your rights, obligations, opportunities, risks, and evidentiary position. You will also know what next steps are advisable.

That provides peace of mind and direction. You avoid acting based on assumptions. You also have a better understanding of whether to negotiate, issue a formal demand, settle, or litigate.

This is important for entrepreneurs. A legal conflict often affects not only the law, but also customers, staff, cash flow, and reputation. A thorough assessment helps to resolve the conflict in a businesslike and goal-oriented manner.

Would you like to have your legal position determined? MKB Juristen assesses your case quickly and practically. We examine legal feasibility, evidentiary position, risks, and the best strategy.

Our legal experts and lawyers assist entrepreneurs with contractual disputes, employment conflicts, debt collection, collaboration issues, and litigation. Depending on your situation, we can subsequently also help with negotiations or litigation.

Would you like to know first whether further steps are worthwhile? Then have your legal position assessed before taking further action.