A breach of contract attorney is a lawyer who specializes in handling disputes related to the non-performance or violation of a contractual agreement. Whether you're the party accusing someone of breaching a contract (the plaintiff) or the party being accused of breaching a contract (the defendant), a breach of contract attorney can help in a number of ways throughout the legal process. Here's how they assist in a lawsuit:

1. Reviewing the Contract

• Contract Analysis: The first step a breach of contract attorney will take is to carefully review the contract itself. This is critical in determining whether a breach actually occurred, what the terms of the contract are, and what remedies might be available.
• Identifying Breach Terms: They’ll identify whether the alleged breach is material (substantial) or minor (non-substantial), which can affect the potential remedies and the overall strategy.
• Understanding Performance Obligations: They will analyze whether the breach was due to failure to perform on a specific obligation outlined in the contract (e.g., delivery of goods, payment terms, etc.) or whether there’s been some misunderstanding or misinterpretation of the contract’s terms.

2. Determining Whether a Breach Has Occurred

• Evaluating Breach Claims: If you're the plaintiff (the person alleging the breach), the attorney will assess whether there is sufficient evidence to show that the other party failed to perform according to the terms of the contract.
• Defending Against Breach Claims: If you're the defendant (the party accused of breaching the contract), the attorney will evaluate whether a breach has actually occurred, or whether there are valid defenses to the claim (e.g., the contract was voidable, the breach was excused, or the other party waived the breach).
• Constructive Breach vs. Actual Breach: They can help distinguish between a constructive breach (failure to perform in a way that undermines the contract’s purpose) and an actual breach (failure to meet explicit terms of the contract).

3. Providing Legal Advice

• Explaining Legal Rights and Options: A breach of contract attorney will explain the legal rights and obligations of both parties under the contract and the potential consequences of a breach.
• Strategic Advice: Depending on whether you are the plaintiff or the defendant, the attorney will advise you on the most appropriate course of action—whether it’s pursuing a lawsuit, seeking alternative dispute resolution (ADR), negotiating a settlement, or even rescinding the contract.
• Avoiding Future Issues: They can also provide advice on how to avoid future breaches, such as recommending changes in how contracts are drafted or suggesting provisions to include for dispute resolution.

4. Negotiating Settlements

• Pre-Litigation Negotiations: Before filing a lawsuit, a breach of contract attorney can work to negotiate a settlement between the parties. This may include renegotiating terms or proposing other forms of compensation, such as monetary settlements or other forms of performance.
• Mediation/Arbitration: If both parties are open to it, the attorney can help facilitate mediation or arbitration, which are alternative dispute resolution methods designed to resolve the dispute without going to court.

5. Filing a Lawsuit (if necessary)

• Drafting the Complaint/Petition: If negotiations fail, the attorney will file a formal complaint or petition in court, outlining the breach and the legal claims against the defendant. This may include claims for damages (financial compensation), specific performance (forcing the other party to perform their obligations), or rescission (canceling the contract).
• Requesting Specific Remedies: Depending on the nature of the breach and the applicable laws, a breach of contract attorney can help the plaintiff request the appropriate remedy, such as:
  • Compensatory Damages: Financial compensation to make up for the loss suffered due to the breach.
  • Consequential Damages: Additional damages for losses that were indirectly caused by the breach, such as lost profits or business opportunities.
  • Punitive Damages: In some cases, the plaintiff may seek punitive damages if the breach was particularly egregious or involved bad faith or fraud.
  • Specific Performance: A remedy where the court orders the breaching party to fulfill their contractual obligations (usually in cases involving unique goods or services).
  • Rescission or Cancellation: A remedy to undo the contract, as if it never existed, and return the parties to their original positions.

6. Discovery Phase

• Gathering Evidence: In the discovery phase of litigation, the breach of contract attorney will request documents, emails, records, and other evidence to support the claims or defenses. This may include examining communications between the parties, any notices of breach, or previous agreements.
• Deposing Witnesses: If necessary, the attorney may depose key witnesses (people with knowledge of the contract or the events leading to the breach) to gather further evidence and establish the facts of the case.

7. Trial Representation

• Presenting the Case in Court: If the case goes to trial, the breach of contract attorney will represent their client (plaintiff or defendant) in court. They will present evidence, question witnesses, and argue the legal issues.
• Cross-Examining Opposing Witnesses: A skilled attorney will cross-examine the opposing party’s witnesses to undermine their credibility or testimony.
• Arguing for Remedies: The attorney will make a case for why their client is entitled to the specific remedy sought, whether it’s damages, specific performance, or rescission.

8. Defending Against Damages Claims

• Challenging Damages: If you're the defendant, a breach of contract attorney can argue that the damages claimed by the plaintiff are excessive or speculative. They may challenge the plaintiff’s evidence on how much harm was caused by the breach.
• Minimizing Exposure to Liability: The attorney can also seek to minimize the damages awarded by arguing for limitations on liability based on the contract’s terms or applicable law.

9. Appeals (if necessary)

• Appealing an Unfavorable Judgment: If the outcome of the lawsuit is unfavorable (either for the plaintiff or defendant), the attorney can assess whether there are grounds to appeal the decision to a higher court. This could be due to procedural errors, misinterpretation of the law, or other legal reasons.

10. Post-Judgment Enforcement

• Collecting Damages: If the plaintiff wins the case and is awarded damages, the attorney will assist in collecting those damages through post-judgment procedures, including garnishment, liens, or other collection methods.
• Defending Enforcement Actions: If you are the defendant, the attorney may also defend against efforts to enforce a judgment, particularly if there are issues with how the damages should be collected.

Conclusion

A breach of contract attorney provides critical guidance and expertise in resolving disputes over contractual violations. Whether you’re pursuing a claim for breach or defending against one, an attorney can help with everything from understanding the terms of the contract, evaluating the strength of the case, and negotiating settlements, to representing you in court and seeking appropriate remedies. Their role is to protect their client's legal rights and help achieve the best possible outcome in a breach of contract dispute.