As a business owner, you may encounter disputes or situations where litigation is needed to protect rights and/or pursue recovery. Alternatively, you may have to defend against litigation. There are a few basic steps to follow any time you become involved in a litigation case.
Contact qualified legal counsel. In addition to advising on your claims and/or defenses, legal counsel can assist in navigating procedural rules and requirements. Most civil courts in Georgia require companies have to have legal representation.
Maintain and preserve all documents concerning the matter. You have a duty to maintain and preserve all documents that may be relevant. In addition to preserving hard copies, you should take measures to maintain electronic communications such as emails and texts.
Provide all documents concerning the matter to your attorney. You should not withhold any documents from your attorney.
Restrict communications with opposing parties. Where parties are represented by counsel, typically communications go through the attorneys. If you do communicate directly with an opposing party, keep in mind anything you say may be used against you in the case.
Budget for litigation and consider options for resolution. Prior to initiating litigation, or at the outset of a case, you should consider approaching the opposing side with an option for early resolution. Your attorney can assist you in preparing a litigation budget, but keep in mind that circumstances out of your control can increase the costs of pursuing or defending a case, particularly in responding to actions taken by the other side.
Please contact us if you have any further questions or need assistance with a dispute or litigation matter.
