Business Disputes: It’s What We Do
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How business owners can prepare for possible litigation

On Behalf of | Jun 23, 2023 | Commercial Litigation

Most business owners face legal hurdles and disputes from time to time. The good news is that many can be resolved without involving the courts.

However, sometimes a business dispute is so contentious or complicated that litigation is the only way to resolve the matter. You may feel good about your case, but advance preparation can offer an extra layer of confidence.

Some ways to help ensure your readiness

Often, the only signs of possible litigation are threats from the other party and follow-up correspondence from their legal counsel. As such, it is wise to begin preparing as soon as a dispute develops.

Preserve evidence: If you have data destruction policies, consider pausing them to avoid destroying potentially valuable evidence. Another reason to be careful about data is to prevent allegations that you purposely disposed of something that could prove the other side’s case.

Review documentation: Gather and organize copies of all paperwork and electronic information involving the other party and the dispute. Your legal team can scour digital and hard-copy documentation to find ways of improving your case.

Monitor what you say: Avoid discussing anything related to the dispute, those involved and the associated legal proceedings. Other parties can find and use the things you say against you. This rule of thumb should generally apply in spoken, written and digital communications.

You might not always know when litigation will be an issue for your company, but maintaining a state of general readiness could help. For example, keeping your operations organized will help you locate key information when it’s needed. Having experienced legal guidance can also help.