Published by Ask General Counsel on InsideNova, 11/23/2022
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Regardless of the success of a business, business owners run the risk of being sued. Litigation and lawsuits can be stressful, costly and time-consuming. However, there are steps business owners can take to help better protect their businesses and put them in the best position to navigate these legal hurdles.
Most Importantly, Do I Need a Lawyer?
Yes! Would you let someone who knows nothing about selling houses sell your home? Probably not, so why leave your business in the hands of someone not knowledgeable about business law and litigation? Business owners have worked too hard to get their businesses where they are to put those businesses in jeopardy by choosing to not seek out expert advice if they are sued.
The costs of hiring an attorney may make some business owners hesitant, but the costs of the lawsuit could be even more severe in the event the business loses the lawsuit. Additionally, for a business entity to even assert its legal rights in court, it must be represented by a licensed attorney.
If a business owner does choose to hire an attorney to assist in a lawsuit, it’s important to make sure that the attorney selected has experience in the relevant area of law, as well as at the relevant court. For example, if you’re a business owner with a business in Fairfax, it’s important to choose an attorney who has experience litigating issues in Fairfax County Circuit Court or the Eastern District of Virginia. General Counsel PC has experience in these locations, as well as in Loudoun County, Arlington, Prince William, and most of the commonwealth of Virginia (and Maryland and the District of Columbia).
Know the Lawsuit Deadlines
Missing a deadline can have serious negative consequences for a business owner, possibly causing a business owner to lose the lawsuit even with a winnable defense. It’s important to seek out an attorney as soon as possible so they can evaluate the situation and determine all applicable deadlines early on so valuable time is not missed.
Trying to piece together different laws, statues and local court rules can be tricky, and it’s best to have the assistance of someone already knowledgeable in those rules to ensure nothing important is overlooked.
Time is of the Essence
In addition to assessing applicable deadlines, contacting an attorney as soon as possible has other benefits. When you hire an attorney, you establish attorney-client privilege, which will help protect any internal investigations being done. However, once this privilege has been established, avoid discussing the lawsuit with anyone other than your attorney or you risk breaking the privilege.
Additionally, once hired, an attorney can begin preparing for a lawsuit, including placing a “litigation hold” on information relevant to the matter. This hold prevents other parties from destroying pertinent documents, which may make the difference in favor of your business.
Know Your Options
Just because your business is sued doesn’t mean you don’t have any options. A knowledgeable attorney will be able to help figure out what options are available. It may be possible for a case to be dismissed or resolved outside of court through a settlement or mediation. One of these options would significantly cut down on the costs as well as the time it takes to resolve the matter. Further, depending on the circumstances, you may have a viable countersuit. Sometimes the best defense is a strong offense.
Call General Counsel PC Today
If your business has been served in a lawsuit, attorneys at General Counsel PC can provide you with the knowledge and assistance necessary to determine the next steps in preserving your legal rights and defending your business. Call General Counsel PC at 703-556-0411, email us at intake@gcpc.com or use this Contact Us Form. today to see how we can help you help your business.