How to Prepare for Commercial Litigation.

How to Prepare for Commercial Litigation.

Whether it stemmed from a contract dispute or breach of fiduciary duty, facing litigation is scary for any business owner. You worry about how much money your business will have to spend to defend the allegations and whether or not it will tarnish your company’s reputation. Although facing a lawsuit is stressful, properly preparing for it can make things a little easier. Here are some tips to get ready for commercial litigation.

Gather Evidence

The party that has pursued a lawsuit against your business may likely have a good amount of evidence against you. As such, it’s important to gather as much documentation as possible that will defend your business, such as emails or contracts. However, you should never attempt to fabricate evidence, as the court may impose harsh penalties for doing so.

Run Your Business Like Normal

When your business is facing a lawsuit, it may be more difficult to concentrate on daily operations. However, despite how difficult it may be right now, it’s important to maintain business as usual. Continue to meet deadlines, conduct meetings, and take care of your clients. If you allow a dispute to affect your daily business operations, it could put you in an even more challenging situation.

Limit Communication with the Opposing Party

A common mistake business owners make when going through a dispute is communicating too frequently with the opposing party. You must remember that anything you say to the other party can be used against you later on. Verbal communications, emails, phone calls, and other forms of communication can be examined in court. That is why you should touch base with your lawyer before communicating with the opposing party.

Hire a Lawyer

If you don’t already have one, it is critical to hire a reputable business litigation lawyer, like one from Eric Siegel Law. A lawyer can properly defend your business against the allegations and improve your chances of a favorable outcome. He or she can also prevent you from making mistakes that may hurt your case.

Educate Yourself About Attorney/Client Privilege

Attorney/client privilege means that what you say to your attorney privately will not be subject to discovery. However, if you discuss information with your attorney when a third party is present, that information may be subject to discovery. 

If your business is facing a lawsuit, contact an experienced business litigation lawyer promptly.