How to Prepare for Business Litigation

If you are a Florida business owner, you likely feel nervous about the idea of business litigation. That’s only natural. After all, your company is not just your income; it’s likely your proudest accomplishment after years of hard work.  

However, you need to remember that preparation for corporate litigation should be an essential part of your operations. It’s not something you think about only when facing a lawsuit. It’s about fostering a good habit and providing the best protection for your company.  

 

What is the first step you should take when facing litigation? While we will cover all the steps you should take to prepare, the top priority move is to call a seasoned business lawyer; like us here at The Frazer Firm. 

 

Understanding the Basics of Litigation in Florida 

 

While many business owners understandably react to the onset of litigation with anxiety, it is crucial to remember that informed decisions and careful preparation can influence the outcome of your case.  

Start by understanding the litigation process itself. Organizational disputes typically initiate when one party, the “plaintiff”, files a complaint against another party, the “defendant”, who must then respond.  

Besides engaging a corporate attorney right away, certain strategic steps can augment your chances of success in litigation. These include:  

 

• Immediate implementation of a ‘litigation hold’ — an order to preserve all information pertaining to the case to prevent accidental or intentional destruction of evidence. 

 

• Audit of your company’s existing legal agreements and contracts, which can serve as crucial evidence or support your legal argument. 

 

• Protocols for communication about the pending litigation with employees, to avert potential legal pitfalls. 

 

• Clarification of rights, obligations, and potential liabilities under Florida statutes, which your business lawyer can help you comprehend and navigate. 

 

 

First Step: Call an Experienced Business Lawyer 

 

In anticipation of potential litigation in Florida, an owners’ first course of action should always be to contact a skilled business lawyer. A litigation expert at your side from the beginning ensures the avoidance of missteps that could undermine the outcome of your case. 

 

Key Reasons to Hire a Specialized Corporate Attorney 

 

• Interpretation of Law: Business lawyers have extensive knowledge of the law and its nuanced interpretations. 

 

• Experience with Similar Cases: Their insights from past experiences can inform effective strategies for addressing your litigation issues. 

 

• Procedural Expertise: Lawsuits involve numerous procedures and protocols. A misstep, such as missing a deadline for filing paperwork, could have enormous repercussions.  

 

• Cost-Effective in the Long Run: Engaging a business attorney from the start might seem like a large expense, but it is much more cost-efficient in the long run.  

 

• Stress Relief: Litigation can be stressful. Having a competent legal professional by your side allows you to concentrate on running your company while they handle the lawsuit. 

 

 

Tips for Gathering the Right Evidence During Litigation 

 

Preparing for litigation involves careful collection of evidence. This task, while initially may appear overwhelming, can be simplified with the right approach. 

 

Begin by sorting and securing all pertinent documents related to your organization. This can include everything from contracts and invoices to emails and meeting notes. These records not only provide a crucial context but also trace the timeline of events. So, keep them safe and readily accessible.  

 

Electronic information such as emails, texts, and files saved in cloud storage may be highly relevant to your case. If needed, seek assistance from an IT expert to extract and preserve all such data.  

 

Next, consider seeking witness accounts. Look for people who have direct knowledge of the matter at hand and are willing to make a statement. This might feel uncomfortable, but their input can significantly strengthen your case.  

 

Prepare for Litigation with The Frazer Firm  

 

In Florida, protecting your organization from litigation demands both proactive and reactive strategies. A regular “legal health check” with an experienced lawyer, like Kent Frazer, from The Frazer Firm can identify potential loopholes in your operations, significantly lowering the chance of legal disputes.  

 

At The Frazer Firm, we help company owners adopt this preemptive approach, aiming to prevent small risks from leading to large, costly lawsuits. However, if litigation becomes unavoidable, you’re not alone. Our experienced team will represent you, providing comprehensive legal guidance to help you avoid common pitfalls.  

 

Schedule a consultation by calling (561) 295-1551 or filling out our online contact form.