If your business is currently navigating through a commercial lawsuit, here are three tips that will help you successfully make your way through the process.
#1 Limit What You Say
Make sure that you limit what you say to your adversary. If you can avoid it, don't talk to the party that is suing you. Do not have conversations with them in front of other people. Anyone who witnesses your conversations can be called up to offer testimony in a deposition, so you need to worry about not just talking to the party you are engaged in the lawsuit with, but also anyone who hears you talking to them. Memory can be a tricky thing, and you want to limit the number of people's memories that are called upon to add evidence to your commercial case.
#2 Don't Call Out The Other Party
Do not call out the other party that you are fighting against. Don't send out a business memo that puts them down. Do not talk negatively about them with other parties. Do not make any public statements that can be seen as tearing them down or putting them down in any way. Calling out the other party, calling them names and using negative language will only damage your credibility and possibly your case.
#3 Don't Admit Fault
Make sure that you do not admit fault, even casually. Remember that apologizing or saying that you are sorry could be seen as a form of admitting fault. You can sympathize with the other party, but watch your words carefully and don't throw out a random "I'm sorry." That could come back to really haunt your business and increase your liability in the case.
#4 Don't Make New Evidence
Do what you can to avoid creating new evidence. Do not create new internal documents, memos, emails or texts about the area of your business related to the area you are being sued about. If you can, do not create any type of internal reporting either. Once you know of the suit, do what you can to limit the creation of new documents that could be turned over during the discovery stage and strengthen or add to the other side's case.
Talk with your lawyer about what you need to avoid doing or saying while going through commercial litigation; listen carefully to their advice and work hard to minimize creating situations that could harm your case. Contact a firm like The Law Office of Vernon Nelson to learn more.
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