In addition to advising you on how to defend your interests when confronted with a lawsuit, attorneys can also help you determine whether to go on the offensive. A trusted attorney can help you decide if and when it is warranted to sue another person over a business conflict. Suing a business associate or acquaintance is not something that should be taken lightly, and a well-qualified attorney will walk you through the thought process for making such a decision.
Some of the issues to consider include your interest in carrying on a business relationship with the opposing party, the financial status of the party, whether other methods of dispute resolution are available and stand a chance of being more effective, the potential amount of recovery at issue, and the likelihood of wining the lawsuit at trial. Once again, an attorney that you have a long-term relationship with and is familiar with the ins and outs of your business will be better qualified to provide you with the business advice as well as legal advice needed to make such a determination.
Whether you are a plaintiff or a defendant, managing the complexities of a lawsuit is not the reason you started your business. Increasing productivity, achieving excellence, and conducting your everyday operations is why you are running your company. Unfortunately, being sued is one of the hazards of modern-day business life and preparing for the inevitable lawsuit is a great way to mitigate the omnipresent threats posed by this hazard. Taking the time to learn about the litigation process and beginning the process of establishing a relationship with an attorney who can learn the economic and legal needs of your company, and serve as an ally the moment you need one are effective ways to protect your company from future legal threats.
Remember, if you are hit with a lawsuit, take a deep breath. Quickly identify an attorney to work with and begin organizing your documents and preparing yourself for the upcoming phases of the case. Being party to a lawsuit, whether in the position of plaintiff or defendant, is rarely a pleasant experience. However, your new-found knowledge in commercial litigation and your strong relationship with a seasoned attorney will allow you to spend less time worrying about lawsuits and more time doing what you do best – running your business.