Once you are in business, your chances of being involved in a lawsuit increase. You could find yourself in court defending yourself if your products or services have caused someone harm. But, you could also find yourself in trouble for inadvertently breaking the law with regards to licensing, copyrighting or other restrictions and legalities.
Of course, you won’t always be the defendant. You might find yourself part of a class-action lawsuit, filing as the representative plaintiff as part of a much larger case, or protecting your businesses interests against people who may be trying to copy you, or steal your ideas.
Lawsuits are always stressful. Whichever side of the conference table you are sitting on, it can be worrying, and many people struggle with anxiety before a big case. The law is complicated, and most of us that fall foul of it do it inadvertently.
They can also be long. Many lawsuits, especially class action ones, can drag on for months, or even years. You may find yourself in and out of lawyers offices for many months before you come anywhere near talking about getting into a courtroom or talking your seats around a settlement table.
As with anything else, preparation can help you to relax and ease your stress. Below is a look at some of the things that you can do to prepare for your big lawsuit.
Find the Right Help
Lawyers aren’t all equal. Some are better than others, and they all have different experiences. Ideally, you’ll want a firm that specializes in your kind of case, and an attorney that at least has relevant experience that they can bring to the table. Don’t rush into making this decision, and don’t let other people’s advice and recommendations push you in certain directions.
Build a Relationship with Your Attorney
Part of finding the right legal representation is being able to build a relationship with them. Get to know your attorney, and let them get to know you. If it’s a business case, let them in.
If they understand you and your business, they will be better able to build a case to help you. Give them all of the information, but also let them see the inner workings of both your business and your mind.
On the other hand, if you understand them, and you feel as though you know them, you’ll be able to trust them moving forward. This can ease your stress and reduce any worries that you may have.
Have Realistic Expectations
It would be lovely to believe that we’d easily win any cases that we are involved with and it would be nice to win large settlements with ease. It would be quite good if court cases proceeded as they do on television. Wrapped up with a happy ending within one 40 minute episode.
The reality is often very different. Legal proceedings are boring and lengthy, and you should know what to expect. You should also be realistic about the outcome.
Speak to your lawyer, ask them to be honest with you, and ask any questions that you may have.
Document Everything
While you are involved in a legal case, however straightforward it may seem, get into the habit of documenting everything. Your expenses, your meetings, even conversations, should be documented in case you need to refer back to them later.
Are You Willing to Agree to a Settlement?
Before diving headfirst into a long, drawn-out lawsuit, it’s worth considering whether a settlement might be a better option. So, are you willing to deal with the dispute with a settlement? But what does that mean? Well, settlements can save time, reduce stress, and offer a more predictable outcome compared to the uncertainty of a trial.
While it may feel like “giving in,” agreeing to a settlement doesn’t mean you’re losing—it’s about reaching a compromise that benefits both parties. Generally speaking, it’s just best to weigh the pros and cons of settling early on, which can prevent unnecessary costs, both emotionally and financially.
Understand Responsibilities and Restrictions
Can you talk about your case? Are you allowed to talk to other people involved? Can you talk to your friends? Should you talk to the press? Make sure you understand what you can say, and to whom.
You may also need to make changes to your business until the case has been resolved. Be clear on what needs to be done from the start, so that you don’t risk getting into trouble, or jeopardizing the case.
Practice
At some point in your case, whichever side you are on, you may be called to give evidence. This could happen in a courtroom, or around a conference table, depending on the nature of the suit. But, it is unlikely to be fun.
It can be easy to get tangled up when you are questioned, even in a more informal setting. You might find that you forget key elements, or that you get confused under pressure.
The best way to avoid this is to practice. Spend time with your attorney practicing what you need to say, and preparing for any questions that you may be asked. You might find it more beneficial to practice with someone you don’t feel as comfortable with than the attorney that you speak to most regularly.
Reduce Your Schedule
It’s hard to know how long a case might last, or what might happen. But, if you know that you’ve got court dates coming up, reduce the rest of your schedule as much as you can.
It can be hard but try not to worry. Prepare as much as you can, find legal aid you feel comfortable with, stay positive and don’t panic!