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5 Powerful Ways to Prepare for Commercial Litigation

5 Powerful Ways to Prepare for Commercial Litigation

Is a dispute on the horizon for your business? Commercial litigation may involve a wide variety of issues, including breach of contract, breach of fiduciary duty, shareholder disputes, and much more. At its worst, commercial litigation can cost an exorbitant amount of money and time—as well as your reputation as a business.

At its best, however, commercial litigation can preserve your rights and establish the legal foundations your business needs for long-term growth. If another party has failed to uphold their contractual duties, they must be held accountable, and Kapoor Law Firm is here to help. We work tirelessly to obtain the best possible outcomes for our commercial clients, whether they are plaintiffs or defendants.

In the meantime, here are ­5 powerful ways you can prepare your business for commercial litigation.

1. Preserve evidence.

The more documentation you have, the better prepared you’ll be to demonstrate your claim or defend your business against allegations. Additionally, proper organization can help you expedite the preparation process and provide more time to develop the strategy you need.

Your documentation must have accurate information, however. Refrain from fabricating evidence, even if you believe this will help your case. If the court discovers fraudulent activity, penalties may be severe.

2. Only communicate with the opposing party if necessary.

Your business’s paperwork is not the only evidence that may be exposed and considered during commercial litigation. Any communication between the plaintiff and defendant may be used against you. Emails, letters, and other forms of written communication can be examined in court, and even verbal communication may be recorded by the opposing party and presented during litigation. As a general rule, check with your attorney before communicating with the opposing party in any way.

Additionally, mea culpa (“my mistake”) can serve as an admission of guilt. You may be tempted to use this type of language in an attempt to be amicable, but we recommend refraining from apologies. On the other side of the spectrum, the stress of the dispute may make it difficult to remain civil. Any offensive or aggressive language could adversely affect your image in the eyes of the judge and jury.

3. Maintain business as usual.

Do not change your day-to-day operations. The lawsuit may place more pressure on everyone in your workplace, but your team must continue to work together, meet deadlines, and fulfill their duties. This can help you limit liability and handle challenges as they arise.

4. Understand the limits of attorney-client privilege.

When you and your attorney are discussing your case in private, everything you say is protected by the attorney-client privilege, meaning it cannot be used in court. As soon as this communication becomes available to a third party, however, it becomes evidence. For example, if an email chain between you and your attorney is forwarded to another person or entity, it is no longer protected. Similarly, if you and your attorney meet with a third party, that party may be able to testify using information they gained during this meeting.

5. If appropriate, consider other forms of dispute resolution.

Litigation is not the only solution to a business dispute. Settling outside of court can help your business reduce the time and costs associated with litigation. You may need to compromise, but this could result in a more favorable outcome than if you go to court. Every case is unique, however, and our team will only recommend the strategy we believe will best serve your interests and protect the future of your business.

Let Kapoor Law Firm Help You Attain the Resolution You Need

The sooner you bring your case to an experienced professional, the better chance you’ll have of winning your case. Whether you are defending your business against allegations or holding another party accountable, our team at the Kapoor Law Firm can help you gather evidence, communicate effectively, and implement a powerful strategy in court.

For more ways to prepare for litigation, don’t hesitate to get in touch with us. During the COVID-19 pandemic, we are fully operational, but we are conducting all consultations remotely. Call (516) 806-4070 or contact us online to request your initial review today.

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