What Experience Does Rick Dane Moore & Associates Law Firm, PLLC Have?
Our managing partner, Mr. Moore, has been practicing law since 1987. He and his associates have over 30 years combined experience in business law.
Mr. Moore established a family business when he finished law school, managing and directing it as the CEO. Naturally, as a function of his executive duties, he started taking on the general counsel/legal duties. As a result he began to understand the legal practice in the area of business organizations from the perspective of a business owner and executive. It is the natural consequence of those early experiences that he continued to expand and work in business organizations.
For a period of time, he also worked as an investment banker assisting in financing, vetting, and establishing businesses.
What Type of Business Litigation Matters Does Your Firm Cover?
We are a general practice firm with a specialty in the area of business litigation. We handle partnership disputes, business dissolutions, and business negotiations of all types, employment agreements, and employment agreement enforcement. We run the gamut of business litigation issues and we will tailor our approach to the needs of the client. We are very client-oriented and we operate in a teamwork fashion with the client.
We make the client part of the team and empower the client so that they assist in directing the course of either the negotiation, planning, or litigation at all stages — whether it is the formation of the organization, the dissolution of the organization, or any points in between. Mr. Moore’s background allows him to do this because he has been through those different phases personally as a shareholder, an executive, and an owner of a closely-held business organization.
How Many of Your Cases Go to Court?
As far as business litigation is concerned, most of the cases do go to court. Probably the best way to resolve legal issues is to not simply threaten to go to court, but to actually go to court. Then the other side understands that you mean business. To have a successful negotiation, it is necessary to obtain the high ground, and we try to accomplish that very early on.
In business disputes, you can often obtain the high ground because they involve injunctions, which are equitable remedies that occur at the beginning of the litigation rather than legal remedies which happen after you go to trial. Equitable remedies are considered by the judge early on. An example would be the appointment of a receiver who would operate a business during the time that the litigation is ongoing.
Oftentimes, that is a very good opportunity for a settlement with the other parties. They realize they are going to lose control and lose the income stream and it is going to be dissipated by a receivership. The other party becomes more willing to settle. The short of it is, one does not obtain results by inaction. One obtains results by going forward—in trial work, that would be by filing a petition or a complaint.
What is One Case That Stands Out That You Took to Trial?
One that our firm handled, that stands out, involved an oil-and-gas dispute where our client had hired a drilling contractor to drill an oil well. Our client had had another lawyer on the case. We entered the case two weeks before trial. It had not been adequately prepared by the previous lawyer. We rushed and prepared the case, and then presented the case. We were defending the action, but we had a counterclaim. The plaintiff wanted half a million dollars from my client for not paying them for the drilling of the well. With very little time to prepare, we won the case on the counterclaim for nearly a million dollars. It was not expected, but we understood the problems and were able to use our superior knowledge of the facts and the technology.
The major premise in any legal case is the factual scenario. The law is applied to that based upon the relationship with specific law to that specific fact. If you do not understand the facts of the case and the technology involved in these activities, then you are much less capable of prevailing because you do not have the ability to understand from the perspective of the witnesses who are actually engaged in these activities. In that particular oil-and-gas case, Mr. Moore had worked on all phases of oil-and-gas production and drilling, and studied it in university. He was able to take control and convince the jury that we should be the winners—that we should get the judgment in our favor, rather than the Plaintiff. Everyone was pretty amazed the way we turned the case around, because our client was faced with bankruptcy. It turned out that we were going to get their drilling rig, because that is all that they had. But at that point, they managed to get the money to pay us the judgment in our favor.
Why Choose Rick Dane Moore & Associates For Business Litigation in Oklahoma?
We are organized around the teaming concept. We focus on a client’s issues and work on them non-stop to affect a positive outcome. We do that principally by including the client in every step. The client knows more about the case. We get the client involved with assisting and writing the narratives. We also very much rely upon technology to assist us, particularly in communications so that we can include the client. We have good discipline and complete tasks quickly. The one who is quickest oftentimes prevails. There is an old saying: he who hesitates is lost. So, in litigation particularly, being always on the offensive will help you prevail, and that requires a kind of proactivity.
The way we do that is creating a kind of team. Mr. Moore is the managing team member. He was in Special Forces for a number of years, so he has this training to lead other people and to help them make decisions. In Special Forces, the underlying concept is called a “force multiplier.” It is not a hierarchical thing — it is more of a circle. Our approach is to kind of gang-tackle the problem. In litigation and leadership that is what we provide—a leader to assist in making the decisions. But we expect everybody else to be a leader too.
We require people to be active thinkers and to solve problems. There is a story about Indians when they go into battle, they know that one stick can break easily, but many sticks together are difficult to break. Our firm uses the “many-sticks” approach. We empower everybody so they’re cross-trained—in particular the client.