|
By Manuel Salvacion
If you are a company owner or a businessperson who has just been sued, the first thing you should do is call your lawyer. The business lawyer will be able to tell you what your next step is.
As a rule, a lawyer will ask you to do the following:
• Gather all information regarding the issue
• Conduct initial investigation
• Organize all documents and papers related to the case
• Discuss the information with him (the lawyer) and share the facts of the case.
• Prepare a written statement of your position
Tender an Insurance Claim
Evaluate the situation
Before responding to the lawsuit, the lawyer would first try to assess the potential liability exposure of the case. Here you will have to work with your lawyer in determining the cause and effects of the case on your business.
These questions need to be answered first:
• What are the amounts claimed?
• Are there so-called "smoking guns" that the other party knows?
• Are additional recoveries such as punitive damages possible?
• Could the other party recover attorney's fees?
• What are the chances of the other party winning the case?
Investigate
You have a duty to investigate the case. The investigation must be conducted in coordination with your business lawyer.
Formulate Your Action Plan
Do not simply turn over matters to your business lawyer. Stay on top of the case, keep updated, and work closely with your legal counsel. Decide on your defense strategies. Your action will depend on how much you are willing to give as concession.
The Practical Option
Consider the consequences of a lawsuit and if possible, strive for settlement of the case based on your sound business judgment. A lawsuit can often drain resources, cause adverse publicity, and lose your focus and perspective. Taking the practical option would mean a savings on resources.
When A Trial is Imminent
Typically, business lawyers and attorneys help people organize and operate their businesses, whether the entity is a sole proprietorship, partnership (general partnership, limited partnership, LLP), limited liability company (LLC), or corporation (including incorporating C Corporations and Subchapter S Corporations), or a nonprofit. Business, corporation, and partnership attorneys have experience dealing with corporate officers and directors, and investors.
They are familiar with legal issues related to corporate minutes and other documentation, public offerings, private placements of stock and debt, mergers, acquisitions and consolidations, business restructuring, and loans and financing, among a host of other critical business details.
However, if going to court is inevitable, a business lawyer will represent you in the case. He has extensive knowledge, skills, and experience in handling business lawsuits. A competent business trial lawyer with all the resources at his disposal can increase your chances of getting a favorable decision on the case.
Get the attorney services of competent and well-experienced business trial lawyers to know how to respond if your business is sued.
Article Source: http://EzineArticles.com/?expert=Manuel_Salvacion
http://EzineArticles.com/?How-to-Respond-To-a-Lawsuit-in-Business&id=879823 |
