Do I Need a Lawyer for Breach of Contract?

Answer 6 quick questions to get personalized guidance for your California case

Question 1 of 6

How much money is at stake?

Over $25,000

$12,500 - $25,000

$5,000 - $12,500 (Small Claims range)

Under $5,000

Question 2 of 6

What type of contract was breached?

Business contract (B2B, vendor, partnership)

Employment contract (non-compete, severance)

Real estate contract (purchase, lease)

Consumer contract (service provider, warranty)

Personal contract (loan, informal agreement)

Question 3 of 6

How clear-cut is the breach?

Very clear - they obviously failed to perform

Disputed - they claim they performed or had excuse

Contract interpretation issue - unclear terms

Partial breach - they did some but not all

Question 4 of 6

Does the contract have an attorney's fees clause?

Yes - prevailing party recovers attorney's fees

No attorney's fees clause

Not sure / haven't checked

Question 5 of 6

Is the other party a business or individual?

Large company with legal department

Small business

Individual with assets to pay judgment

Individual who may be judgment-proof (no assets)

Question 6 of 6

Have you already sent a demand letter?

Yes - they ignored or rejected it

Yes - they offered less than owed

No - haven't sent one yet

Currently negotiating

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You Can Likely Handle This Yourself

For smaller, straightforward contract disputes, a demand letter and Small Claims Court are effective options.

Recommended DIY Steps:

Send formal demand letter with specific breach and amount
Calculate your actual damages (what you lost)
Gather evidence: contract, communications, proof of breach
File in Small Claims Court (up to $12,500)
Consider mediation as a faster alternative

📝 Create Demand Letter 🔗 Contract Dispute Guide

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You Should Consult a Business Litigation Attorney

Your case involves significant money or complexity that warrants professional representation.

Why You Need an Attorney:

Large stakes justify the cost of representation
If contract has fee-shifting, loser pays attorney's fees anyway
Complex disputes require legal strategy and discovery
The other side likely has or will hire counsel
Attorneys can often negotiate better settlements

Book $125 Consultation 🕵 Find Business Lawyer 📝 Send Demand Letter First

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Start with Demand Letter, Then Evaluate

Try a strong demand letter first. If that doesn't work, consider whether an attorney makes financial sense.

Recommended Approach:

Send professional demand letter with deadline
Check if attorney's fees clause exists (changes calculus)
Consult an attorney to understand your options
Consider limited-scope representation (lawyer reviews/drafts only)
Mediation may be faster and cheaper than court

📝 Create Demand Letter 🕵 Consultation

Understanding Breach of Contract in California

A breach of contract occurs when one party fails to fulfill their contractual obligations. California follows general contract law principles, but there are some state-specific rules to know.

Elements of Breach of Contract

Valid Contract: Agreement existed (written or oral)
Your Performance: You did what you were supposed to do (or were excused)
Their Breach: They failed to perform their obligations
Damages: You suffered actual financial harm

Attorney's Fees Clause - Game Changer

Check your contract for an attorney's fees clause. If the contract says "prevailing party recovers attorney's fees," this changes everything:

If you win, the other side pays your attorney
Makes hiring an attorney more affordable
Creates leverage for settlement negotiations

Statute of Limitations

Contract Type	Time Limit
Written Contract	4 years
Oral Contract	2 years
Open Book Account	4 years

What Damages Can You Recover?

Expectation Damages: The benefit you expected to receive
Consequential Damages: Additional losses caused by the breach
Reliance Damages: What you spent relying on the contract
NOT Punitive Damages: Contract law doesn't punish, just compensates

⚠ Can They Actually Pay?

Before spending time and money on a lawsuit, consider whether the other party can actually pay a judgment. A judgment against someone with no assets is worthless. This is a key factor in deciding whether to pursue a case.

DIY vs. Lawyer Cost Analysis

Approach	Cost	Best For
Demand Letter (DIY)	Free	All cases - always start here
Small Claims Court	$75-100	Under $12,500, simple disputes
Limited Civil Court (DIY)	$370+	$12,500-$25,000, clear cases
Business Lawyer	$300-500/hour	Complex cases, large amounts
Contingency (rare)	30-40%	Large, clear-cut cases only

Related Resources

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