Preparing for Litigation – Five Tips for Business Owners
Being involved in a lawsuit is one risk of owning and operating a company. You will never please everyone. Disgruntled customers or clients may file a lawsuit. A vendor or contractor might file a lawsuit regarding a contract or disputed matter. You may need to file a business lawsuit related to collection matters, contracts, or other disputes.
The truth is that no matter how well you protect yourself and your business, you are likely to be involved in one or more lawsuits during the life of your company. One of the best ways to avoid lawsuits is to work with a Florida business lawyer to develop strategies, policies, and procedures that can reduce the risk of disputes and litigation. If your company is involved in litigation, calling a Coral Springs business law attorney is one of the best ways to protect yourself and your company’s best interests.
Five Ways to Prepare for Business Litigation
- Don’t Create Additional Evidence
During the discovery phase of the lawsuit, you must provide copies of emails, documents, memos, letters, and other documentation related to the matter subject to the lawsuit. Limit written communications of any type related to the matters included in the lawsuit to avoid creating additional evidence that may need to be disclosed to the other side. It is also helpful to avoid verbal communications regarding the matter, except when necessary and with your attorney.
- Preserve and Maintain All Records
Never destroy records related to the disputed matter. Evidence must be preserved. Organize all documents, electronically stored information (ESI), records, and other evidence related to the case and turn that information over to your lawyer as soon as possible. If you are unsure whether something may be related to the case, check with your lawyer before taking any action.
- Avoid Communications with the Other Parties
Once the lawsuit is filed, you should not communicate with any party to the lawsuit except through your attorney, including employees of the other parties. If your company and another company have mutual clients, customers, vendors, or contractors, you need to discuss the matter with your business law attorney to determine the best way to handle each situation to avoid potential problems with the lawsuit.
- Don’t Fabricate Evidence
It can be tempting to create a quick memo as evidence of a conversation or an invoice as evidence of a transaction. However, fabricating evidence often works against the party. With advances in technology, there could be one or more ways to prove that the evidence has been fabricated. Additionally, other sources might be used to contradict the fabricated evidence. Courts can impose significant penalties for fabricating evidence.
- Communicate with Your Attorney
Your business lawyer is your strongest advocate. Working closely with your attorney during each phase of litigation is important for a successful outcome. If you have a question or concern, call your attorney. Making decisions regarding the matter being litigated without your attorney’s advice could result in additional liability for your company.
Your business lawyer understands the challenges your company is facing as you deal with a lawsuit. Let your attorney guide you through each step of the process to avoid mistakes and errors that could hurt your case.
Contact a Florida Business Law Attorney for Help
It is never too early to contact a Coral Springs business lawyer. The sooner you consult an attorney, the sooner you can begin taking proactive steps to protect your company.
Matthew Fornaro is a Florida business law attorney in Coral Springs that assists individuals and companies throughout Broward County with all matters related to business law. Call 954-324-3651 or contact us online to schedule a consultation.