What to Do (and NOT to Do) if You’re Facing a Lawsuit

Being sued is not something any business owner desires. Facing a lawsuit can be stressful, time consuming, and costly, and that is even if you win the suit! When you’re running a business, however, the chances of being sued at some point are quite high. With this in mind, it is essential to be prepared by knowing what you should do, and, more importantly, what you should NOT do.

Don’t Admit Guilt or Apologize

If you’re being sued by a customer, a former employee, or someone else, it can be tempting to try to apologize to see if you can get the case to be dropped. The fact is, however, that this could be seen as an admission of guilt. Speak to your attorney before saying anything about the matter.

Don’t get Emotional

This is one of the hardest pieces of advice to follow. There is no doubt that being sued can be scary, infuriating, and stressful. If you become emotional, you’re prone to all sorts of mistakes that could make the situation worse. Stay calm and do your best to think clearly throughout the process.

Do Hire an Attorney Immediately

Some people want to delay hiring an attorney to try to save money or see if they can settle the suit on their own. This can make it much more difficult to get a fair settlement and may even end up costing you more in the long run. If you’ve been served with legal papers, the first thing you should do is reach out to your attorney. He or she needs to hit the ground running to give you the best chance for success.

Do Consider a Settlement

In many cases, it can be better to settle a case than to actually go to court. Even if you have done nothing wrong, it is often cheaper in the long run to just settle outside of court than it is to go through a potentially long and expensive legal battle. Of course, settling is not always the right choice. The important thing is that you look at the situation objectively and make the right choice for your business. Your attorney will help you evaluate your options.

If you have been served any type of legal papers and you don’t already have a business attorney retained, please give us a call today. We will be happy to review your case and help you make sense of your options.

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Written by Brett Trembly

Brett Trembly

In the South Florida legal community, Brett sits on the Board of the South Miami Kendall Bar Association, the Florida Bar 11th Circuit Grievance Committee, volunteers on the Florida Bar Young Lawyers Division Mentoring Program, the Dade-County Bar Associations Rainmakers Committee, and annually volunteers for Miami-Dade County’s Ethical Governance Day.