There is no question that we are living in litigious times; statistics compiled in 2016 indicate that civil lawsuits are processed at a total cost of $239 billion on an annual basis, which is equivalent to each working adult in the United States contributing $812 each year to cover legal costs and monetary awards.
Seek Adequate Representation
A significant portion of lawsuits are related to business disputes that end up in litigation, whether you are a plaintiff or a respondent in a civil claim, you certainly do not want to end up losing the case or making things even worse than they were before going to court. Here are four recommendations for you to follow in a civil action. You may have heard the expression about a lawyer who opts for self-representation having a fool as a client, the basis of this adage is that a bias can be a very dangerous thing inside a courtroom.
Keep Economic Sense in Perspective
Talking to a business litigation attorney should be your first step before you file a lawsuit or when you are named as a respondent. Quite a few business litigants hope that their opposing party will not retain a lawyer. When their hopes are crushed, they may reconsider their claim or may even agree to a favorable settlement. A business lawsuit should make financial sense. If the dispute is over a contract, you should ask your attorney and your accountant how much it will really cost to either litigate, mediate, settle, or abandon the claim. If you end up spending more than your legal opponent, your victory will not make economic sense.
Stick to a Structure
Civil claims involving business matters must be viewed as transactions, which means that they should follow a business structure. Your case should have objectives, implementation plans and reasonable exit strategies. If your business is on the line, you should also include contingencies for worst-case scenarios.
Taking Things Seriously
While it is true that many lawsuits are filed frivolously, you should not automatically assume that this will happen in your case. Quite a few business claims may appear to be frivolous when they are in fact strategic; examples in this regard include the numerous lawsuits filed against technology giants such as Samsung and Google in relation to patents. Although many of these cases were eventually dismissed, the claimants and the public eventually learned about the business processes of these companies, which had to engage in courtroom strategy to keep corporate secrets from being revealed.
In the end, your commitment, representation and level of organization will determine the potential of your success in a business lawsuit.
Author Info: Rachelle Wilber is a freelance writer living in the San Diego, California area. She graduated from San Diego State University with her Bachelor’s Degree in Journalism and Media Studies. She tries to find an interest in all topics and themes, which prompts her writing. When she isn’t on her porch writing in the sun, you can find her shopping, at the beach, or at the gym. Follow her on Twitter and Facebook: @RachelleWilber.