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Jane Doe Deer
Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience:  Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
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Me and my wife run a small IT Consulting LLC firm (actually

Customer Question

Me and my wife run a small IT Consulting LLC firm (actually registered on my wife's name). We take up small time website development work which is usually in the range of $1000 to $2000. We recently got a work for a medical placement company and were asked to do a mock up first and then if they like it,would go ahead with the actual website development. We as a company never signed any contract with that company and it was all email email. The mock up was made and the client liked it. He asked us to put the mock up (just the image) in their website. Unfortunately when we did the mockup,we had used two small images that was belonging to their competitor company (who has sued this company for some other reason and the law suit is going on). Nobody from the client's team paid attention to that and we were unaware of the lawsuit. We had just done the mock up for demonstration purpose.
After a week's time the client team came to know that the image belongs to their competitor and asked me to take down the website immediately - which we did promptly. The client company today came to know that the competitor had seen the mockup that was live for sometime and have just talked to their attorney. There is no law suit or anything so far. But I want to understand if I or my company will be in any form of legal trouble with the whole thing. The client company has also sent an offical apology to the competitor company via his attorney. But I want to safe myself and my company. Is there any thing that i need to do at this point of time? My relation with the client company is quite healthy and we are still continuing the website development (of course with the changed mockup). Can this client or his competitor can sue me or my company in the whole process?
Submitted: 3 years ago.
Category: Legal
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer.

 

 

Answer: Unless it's for an entirely frivolous reason, anyone can sue anyone at any time. The thing is, one has to prove one's case.

 

From what you have told me so far:

 

1. There has been no harm to anyone;

2. You could also send a letter of apology to the competitors' company.

 

If you have a going business that you want to grow and mature, you need to ALWAYS, always use a contract, and the contract should always say that your client will hold you harmless in case of any lawsuit arising from work you do for them. A business law attorney can help you draft a template of a contract and work orders; your client should sign both.

 

While we're at it, in this particular situation, if you do think you may want to write your own apology, run it by your attorney first.

 

So, botXXXXX XXXXXne - again, anyone can sue anyone, but the Complaining party must prove a case, which would include proving harm/damages. It's very unlikely you will get sued unless there were damages that could be proved in court.

 

In NJ, I can give you places to look for an atty. to develop a better contracting system. Just let me know.

 

I'm happy to answer follow-up questions. If you have none, please

 

"ACCEPT" my answer.

 

There can sometimes be a delay of an hour or more in between my followup answers because I may be helping other customers, conducting legal research, or taking a break. If we're writing late in the evening, I may need to get some sleep and resume helping you the following morning.

 

Bonuses of even a dollar are much appreciated and help support this site.

 

 

I REALLY appreciate FEEDBACK so that I can continuously improve!

 

All my best,

 

Jane Doe Deer

 

Jane Doe Deer, Attorney
Category: Legal
Satisfied Customers: 3864
Experience: Atty. 27+ years; Plain English answers to family law, employment, landlord-tenant, & other questions
Jane Doe Deer and 2 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thanks for the answer.And I totally agree with your point that we need to have a legal signed before we do any work.
In this context, I had sent the mock up to the client and he had approved it (via email) and he himself had asked me to put the mock up to the site. So will he not be responsible for everything?

One more question, can anybody sue a LLC?
Customer: replied 3 years ago.
I had clicked Accepted accidently. Can you please answer my followup question?
Expert:  Jane Doe Deer replied 3 years ago.

Just going out the door....

 

We can write more later.

 

Anyone can name anyone in a lawsuit, and subcontractors, such as yourself, may be named.

 

Obtain malpractice and/or errors & omissions insurance as part of your business plan/budget, and they may even be able to cover you for this (unless they don't cover the equivalent of "pre-existing conditions.). The insurance plan you purchase should include a free defense attorney.

 

1. A lawyer won't sue unless he or she thinks there is merit and damages to the case. However, a competent attorney will sue both contractor (business) and subcontractor.

 

2. Only 5% of all lawsuits that are filed ever end up in court. Most are settled or withdrawn.

 

3. If you are sued, have an attorney defend your business. The first thing you'll want to do is a motion for summary judgment, to get your business released from the lawsuit. This is not something too many lay people can handle themselves.

 

Realllly need to run out the door now. Will be back later.

 

My best, XXXXX XXXXX you for accepting,

 

Jane Doe Deer

 

2. Even if you ARE

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