Whether you own a small business or a large corporation, litigation should be avoided whenever possible. Lawsuits are expensive, time-consuming and stressful. If you suspect your business is going to be sued, or if a petition has already been served on you, it is imperative that you contact an experienced business litigation attorney to protect you and your company.
One of the most important steps a business owner can take in safeguarding the company in litigation is gathering evidence in support of your position. Documentation and all other relevant evidence must be gathered and saved. The failure to produce evidence that is relevant to the lawsuit can result in severe fines or penalties by the court. Below are four things to consider if your business might be sued:
Don’t make the mistake of thinking you can save money by handling a lawsuit on your own. The legal system is complex and the attorney for the opposing party will be steps ahead of you the entire time. Retaining an experienced business litigation attorney will save you time and money in the long run. Your attorney may even be able to help you avoid the lawsuit altogether. Regardless, having a lawyer that knows how the legal system works, what deadlines are set, and how to best present your case to the court is crucial to your success in the lawsuit.
A significant amount of business is transacted online. Thus, when you are gathering the evidence relevant to your case, don’t forget your online communications. This includes emails, chats, voicemails, texts, call logs and other forms of digital data.
If your business has surveillance cameras, GPS systems, printers, fax machines or other types of office equipment that stores data, relevant evidence may be found in them. In many cases, failure to act quickly to retain the data can result in it being automatically erased and lost. Thus, it is important to act quickly and ensure relevant data is saved.
Depending upon the type of lawsuit your business is involved in, it is often wise to require your employees to change their passwords. You do not want a disgruntled ex-employee to have access to your company records. Additionally, you should also request all employees to lock their computers when they will be away from their desks.
Having access to the evidence you need to support your position in a lawsuit it critical in obtaining a successful result. If you need assistance in preparing for a case or simply taking measures to safeguard your business records, contact Mailly Law today.