Disclaimer: The contents of this article should not be taken as legal advice and should only be used as a resource to provide information about what to consider if you’re going through business litigation. You should always seek the services of a lawyer specializing in business litigation cases to give you a more in-depth view of this matter.
You know there are a lot of things to think about once you enter the business world. Not only will you need to ensure that you’re giving excellent customer service all the time, but you will also have to prioritize training your staff, having enough supplies and most importantly, being careful in whatever you do because one small move can end in business litigation. And being in the business arena, you don’t want that to happen. You’ve seen how lawsuits are a tedious, resource-draining and time-consuming, and you don’t have the luxury of those things. You need to focus on managing your business and keeping it alive. However, there will always be customers who will be unsatisfied with your products and services and may end up filing a lawsuit against your business. If you’re going through business litigation right now, it’s best that you should know what to do.
No business owner would want to be faced with business litigations. Not only will this take your time away from your business, but it might also require you to shell out a huge amount of money in the process. But you can’t cry over spilled milk. Once the lawsuit papers are sent to your office, you don’t have any choice but to cooperate with the proceedings because if not, you’re waiving your right to be heard and the plaintiff will win.
To, give you a few ideas on what to consider if you’re going through business litigation, read on below:
What’s the bottom line of the lawsuit?
Yes, you might get angry or frustrated the moment you receive the lawsuit papers but letting emotions get the best of you in situations like these will never do any good to you and your business. After reading the lawsuit documents sent to your office, determine what the bottom line of the lawsuit is. If you think it’s simple enough that everything can be settled with an apology coming from your party, do it. You’ll save yourself from going through the process of litigation, and you’ll save a lot of resources for your company, too. However, avoid apologizing or communicating with the other party at all before speaking with your attorney.
How much will a trial cost?
The longer the duration of the case is, the higher the cost. A trial might include court costs and expert witnesses among others. You’ll also be losing money since you have to attend to court proceedings every now and then, which can become lost time from your work. Even when there are no legal costs, expect that you’ll still spend a reasonable amount of money for settlement. This can save all parties time and stress but could mean additional cost for you since you’re the defendant.
Can you tolerate the unpredictability of a trial?
You can never predict what will happen in a trial. Sure, an attorney might give you an idea of how things are done in a trial and who’s going to be involved, but there are elements that they too can’t control. A lot of things can happen in a trial. Some might end up in your favor, while some won’t. For example, key witnesses might be proven to be unreliable, or a story might be inconsistent after several court hearings. And when things like this happen, it would seem that the lawsuit will be investigated back from square one. And although these problems might seem too simple in your eyes, these are major factors for the jury to come up with a decision.
What are the public-relations repercussions of a trial?
The moment you’ll be involved in business litigation, chances are, media will have it covered. Information about your business going through a lawsuit might be published in different mediums – through the internet and local newspapers. And even if the jury doesn’t have a final decision, this kind of information can affect your business adversely. Just because a business is involved in a lawsuit, people may be under the impression that it is no-good, even if they don’t know the entire story or even if the case was not settled yet. Yes, it can be unfair to your business, but this does happen. The masses would usually take the side of the customer in business litigations.
How can you effectively manage business litigation?
You probably haven’t planned for a business litigation because, honestly, you don’t even want to think about it happening to your business. That’s why it’s best for you to hire an experienced attorney to work with you. Their services can come with an expensive price tag, but ultimately, they can help you throughout the entire duration of the lawsuit. For one, you’ll be able to spend more time in your business because an attorney can do the necessary paperwork on your behalf.
Regardless of how much you improve the processes of your business, whether internally or externally, some people will always be unhappy with what you can and can’t give them. Once they’re unhappy, they may feel that there’s no other option but to file a lawsuit against your business. Although it can be tempting to let everything pass and not do anything at all, don’t. It’s important that you should also defend your business and narrate your side of the story. By doing this, you’re saving your business’ reputation and your name as well. You’ll be protecting your business and ensuring that it can still operate for the longest time possible. And you can only achieve those goals once you know what to consider when you’re faced with business litigation.
Cindy Dowling, part time writer who offers a fresh take on various law topics with the pieces she writes for local firms. Cindy enjoys a good cup of coffee and a good book whenever she has the time.