Civil Litigation

Practice Areas

A Team You Can Trust!

Favour & Wilhelmsen, PLLC has been an integral part of the Prescott area legal community for over 45 years. You can expect exceptional legal representation from the initial consultation through the resolution of every matter.

Contact Us

Defending Your Business When Disputes Become Lawsuits

Even with careful planning, legal disputes can arise that require more than negotiation. When contracts are broken, agreements misunderstood, or partnerships fractured, small business owners need experienced representation to protect their company, reputation, and financial stability.

At Favour & Wilhelmsen, PLLC, attorney David K. Wilhelmsen provides seasoned, strategic representation for small businesses throughout Prescott, Yavapai County, and Northern Arizona. With over 40 years of experience in both transactional and courtroom practice, Mr. Wilhelmsen understands how to protect what you’ve built and how to bring disputes to a resolution that lets your business move forward.

Law Insight — Arizona’s Business Litigation Landscape

In Arizona, small business disputes often fall under Superior Court jurisdiction, where cases can involve contract enforcement, partnership dissolutions, or tort claims. Yavapai County courts may require pretrial settlement conferences or mediation to encourage resolution before trial. Understanding these procedures — and how to leverage them — can save small businesses significant time and expense.

Common Small Business Litigation Matters

  • Contractual Liability – Disputes over performance, payments, or agreements.
  • Premises Liability – Accidents or injuries occurring at your place of business.
  • Professional Liability – Claims of negligence or service errors.
  • Property & Commercial Lease Litigation – Commercial landlord-tenant issues, evictions, or maintenance disputes.

Every Arizona business needs a plan when a dispute turns legal.

Litigation Doesn’t Always Mean Courtroom Battles

While some disputes must be litigated, many can be resolved through smart, strategic steps before a judge ever gets involved.
  • Demand Letters & Negotiation: Often resolve contract disputes quickly when backed by legal authority.
  • Mediation & Settlement Conferences: Arizona courts encourage early resolution before trial.
  • Arbitration: A confidential alternative to public litigation with binding results.
  • Trial Representation: When necessary, Mr. Wilhelmsen provides aggressive, well-prepared advocacy backed by decades of courtroom experience.

Did You Know?

Under A.R.S. § 12-341.01, Arizona courts may award attorney’s fees to the prevailing party in contract disputes, which means early strategy can affect not just outcomes, but overall costs.

Preventive Checklist: Reduce Litigation Risk

  • Have all business relationships documented in writing.
  • Include clear payment, performance, and termination clauses in contracts.
  • Review vendor and employment agreements annually.
  • Avoid commingling business and personal funds.
  • Keep detailed written records of communications and transactions.
  • Address disputes early through counsel before they escalate.
Request Consultation

Common Mistakes to Avoid

  • Waiting too long to respond to a demand letter or lawsuit.
  • Assuming a handshake agreement will hold up in court.
  • Ignoring deadlines or court filings.
  • Failing to preserve emails and documents as evidence.
  • Attempting to represent yourself to save money.

Procedural mistakes can weaken even the strongest case — early guidance is your best protection.

Common Challenges for Small Business Owners

  • Unclear or poorly drafted agreements.
  • Misunderstood responsibilities between partners.
  • Unpaid invoices and breach of contract issues.
  • Costly delays caused by unresolved disputes.
  • Uncertainty about when to pursue or defend a claim.
A quick conversation with an attorney often prevents months of costly conflict.

Myth-Busting: Civil Litigation Misconceptions

“All lawsuits end up in court.”

Most Arizona business disputes settle before trial.

“I can handle this myself.”

Self-representation often costs more in missed claims or procedural errors.

“If I’m right, the judge will side with me.”

Success depends on documentation and compliance with rules, not just fairness.

“Winning means I automatically get paid.”

Enforcement of judgments requires additional legal steps.

“Litigation destroys business relationships.”

Skilled handling can preserve valuable partnerships even during disputes.

How David K. Wilhelmsen Can Help

With over four decades of Arizona small business civil litigation experience, David K. Wilhelmsen provides hands-on representation for clients facing business disputes.

Case Strategy & Evaluation

Identifies cost-effective solutions for every stage of litigation.

Evidence & Documentation

Builds strong cases based on facts, not assumptions.

Negotiation & Mediation

Resolves most disputes before trial.

Trial Advocacy

Experienced representation in Arizona Superior Courts, Arizona Court of Appeals, and Arizona Supreme Court.

FAQ: Small Business Civil Litigation in Arizona

It depends on complexity — simple cases can resolve in months; complex ones may take a year or more.

Often yes — many Arizona business contracts and statutes allow recovery of reasonable legal fees.

Contact an attorney immediately. You typically have 20 days to respond in Arizona.

Yes — settlements can be finalized without ever appearing before a judge.

Gather contracts, invoices, communications, and any written evidence that supports your claim.

Advanced Certification

David K. Wilhelmsen received his certification as a Real Estate Law Specialist from the Arizona Board of Legal Specialization of the Arizona State Bar in 1991 for demonstrating advanced knowledge, skill and understanding in the practice of real estate law.

Experience

We have over 45 years of practice experience in most areas of Real Estate, Estate Planning and Probate, and Small Business law.

Local Practice

Established in 1947, David K. Wilhelmsen joined the firm in 1981 and has practiced continuously since then in the Prescott and surrounding communities.

High Martindale-Hubbell Rating

We hold AV Preeminent® rating by Martindale-Hubbell, which is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Responsible Solutions

We provide trusted and straight forward legal solutions to most matters you may encounter.

Benefits

Why Choose Us?

Employing Favour & Wilhelmsen, PLLC will ensure that your rights are protected, your obligations are clearly understood, and your interests are strategically represented. Whether navigating a complex transaction, resolving a dispute, or mitigating legal risk, we provide the knowledge and advocacy needed to avoid costly mistakes and strive to achieve favorable outcomes.

Request Consultation

Protect Your Arizona Business with Experienced Legal Counsel

When disputes threaten your company’s success, experience matters. David K. Wilhelmsen provides strategic, cost-conscious representation for small businesses across Prescott and Yavapai County. Contact Favour & Wilhelmsen, PLLC today to safeguard your business and your reputation.

Call Our Office
Scroll to Top