navigate a business litigation

How Do I Successfully Navigate a Business Litigation?

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With around 45% of US businesses entangled in litigation every year, it can be costly in the form of attorney fees and employee effort spent on the dispute. The employees may need to spend time gathering relevant records and preparing for depositions. They may also feel an emotional toll associated with legal disputes, affecting their productivity.

Thus, considering how litigation can cost a business millions of dollars, this article will explore some tips to help navigate it better. Specifically, it will explore the importance of legal assistance, followed by tips on handling communication and work during litigation.

Consider Alternative Dispute Resolution

ADR allows dispute resolution outside the courtroom, gaining popularity because of the rising costs associated with traditional litigation. ADR can be either performed through mediation or binding arbitration. The Monterey County Superior Court offers court-directed mediation to resolve litigation at early stages, helping most cases. Because both parties have a say, this saves money and increases the likelihood of reaching a satisfactory outcome quickly. It’s important to research this information to see what works best for your case.

Secure Legal Counsel

When facing litigation that threatens the business, it’s crucial to seek the assistance of a competent business litigation attorney. Being transparent and truthful with the attorney is vital to allow him to cover all sides. They can anticipate how the jury may perceive the situation, forming a realistic assessment to plan the best course of action.

If skilled, the lawyer will navigate all the legal complexities to minimize the financial costs and mitigate potential risks. They may also explore non-litigation alternatives and inform regarding the possible choices and associated risks, making clear communication vital.

Gather Evidence

When preparing for litigation, gather comprehensive evidence relevant to the case. This will help support legal claims and can be presented to a jury. Such evidence can include written contracts, emails, call logs, and other communication records between you and the party filing the lawsuit.

Similarly, physical evidence can also play a crucial role. So, document any cracked pavement resulting from poorly maintained parking lots, or photographs showing customer dissatisfaction because of an employee. Because this can help significantly strengthen the case, it’s important to document even things that may seem irrelevant for the lawyer to go through.

Limit Communication

When facing potential litigation or when a lawsuit has already been filed, it’s vital to restrict verbal and written communication. Understand that any communication with the adversary is admissible in court as evidence. So is communication among the employees unless a privilege applies. Therefore, to protect the legal stance, maintain professionalism, and avoid falling for legal baits.

Instead, refrain from communication unless approved by the attorney. Even then, make sure that the attorney is present during any meetings. Documenting all communication and preserving copies is also crucial. They can help recall conversations if a particular topic arises in legal proceedings or may help deny incorrect claims by the other party.


With the potential costs associated with litigation, staying informed and navigating smartly can go a long way in helping the business. Therefore, begin by performing ADR to avoid courtroom proceedings. However, if this fails, get a competent lawyer, and gather all relevant evidence. Hiring a competent attorney will ensure a successful case. They will make sure you are covered during this process. Finally, limit communication with the lawsuit filer and focus on strengthening the evidence.