Businesses are not immune to making mistakes, and many businesses will at some point be served with a lawsuit. Being sued is, without a doubt, very stressful. However, if you find yourself in this situation, you should ensure that you act in a manner that preserves your legal rights and positions while allowing for the best possible outcome. Here are some things that you should consider:
Businesses faced with potential lawsuits may not fully consider the potential negative fallout that may occur as a result of the litigation. Some businesses may be very concerned with the expenses that would be required to defend the suit. However, do not make the foolish decision of not obtaining legal counsel.
When facing a business lawsuit, it is important to seek legal assistance. Experienced legal counsel will help you navigate through the complicated litigation process. A skilled Silicon Valley Business lawyer is imperative to help you develop and execute a strong legal strategy. Given the stressful nature of litigation, hiring an attorney will allow you to continue focusing on day-to-day operations while your attorneys handle lawsuit-related matters.
Facts Will Help Your Case
Facts are necessary for the resolution of any case. You will need to demonstrate that the facts are actually in your favor; at a minimum, you will need to convince a judge or jury that defenses exist and that, as a result, you are not liable.
All relevant information—which may include emails, phone records, photographs, or business records—should be turned over to your business attorney as soon as possible. Both good and bad facts should be disclosed to your attorney so that he or she may determine the best course of action.
It is important to contact an attorney quickly so that you can ask him or her what initial deadlines apply to your case. The response to the lawsuit must be filed within a certain number of days, which can vary depending on the type of case and where it is located, so it is important to move quickly.
Be Aware of and Abide by All Deadlines
Although the interpretation and application of laws, statues, rules, and regulations may complicated, deadlines are straightforward. You should be aware of all upcoming deadlines. Missing a deadline can have serious consequences—for example, a default judgment could be entered against you despite the fact that valid and winning defenses exist.
Carefully Evaluate All Possibilities for Resolution
Lawsuits are not required to be resolved in court. Rather, a majority of cases are actually resolved some other way, such as through mediation, arbitration, or settlement. These options tend to be much more amicable, less expensive, and allow cases to be resolved much more quickly than business litigation.
Further, you should be aware that being named as a party to a lawsuit does not mean that you cannot exercise your own legal remedies, such as filing a Motion to Dismiss or a counterclaim. An experienced attorney can help advise you of all available options.
Mum’s the Word
Stay quiet. Discussing the lawsuit with anyone but an attorney can lead to broken privileges including attorney-client confidentiality. This can have unintended consequences that could weaken your case.
Call Structure Law Group Today
Structure Law Group specializes in employment and business issues including business formations, commercial and employment contracts, and litigation. If your business has been served in a lawsuit, our team of attorneys can help your business preserve its rights by developing and executing a successful legal strategy. Schedule your consultation by calling 408-441-7500 today.