Q & A with Franks, Gerkin, & McKenna on Complex Commercial Litigation

Jack Franks, partner at Franks, Gerkin & McKenna, who has been practicing law for 25 years, talks about complex commercial litigation.

Q: What is complex commercial litigation?

A: We represent clients who dispute whether a contract has been fulfilled, whether money is owed, or whether work done correctly. We try to bring people together to a reasonable solution for all those involved. But sometimes more formal legal collection is required and we file a lawsuit and prepare for trial.

Q: What is mediation?

A: With mediation you can choose a mediator who will talk to each side to try to bring about a settlement. It’s typically not binding unless the parties agree to do so. With arbitration a three-member panel typically made up of lawyers renders a decision after putting on a mini trial. Either side can reject it and go back to the circuit court for a trial, if necessary.

Q: What advice do you have for anyone considering entering into a contract?

A: They should call us before they enter into the contract. What usually happens is the parties get a lawyer after they sign the contract and have the dispute. They would be better off coming to us when they enter into the contract so we can advise and help protect them at the front end and try to avoid disputes.

Franks, Gerkin & McKenna | (815) 923-2107 | 19333 East Grant Highway Marengo, Illinois 60152