Litigation can be a complex and challenging process, requiring careful navigation of legal intricacies and a strategic approach to protect your interest as the defendant.
Civil litigation is litigation that one person files against another person. When a person files a civil litigation suit, they will allege that the named defendant has committed a wrongful act. As such, they, the plaintiff, are entitled to recovery under the law, most commonly referred to as damages.
This article will explore valuable tips and advice for defending civil litigation, helping you make informed decisions, and enhancing your chances of a favorable outcome. This article is intended to provide information and should not be interpreted as legal advice. If you are involved in a civil suit, you should consult an attorney; however, these are five general tips that may help you prepare to defend against potential litigation.
1. Anticipating Litigation
Litigation or being sued rarely comes out of the blue; typically, there are warning signs that the plaintiff intends to sue you.
These warning signs can come in all shapes and sizes. You may receive a letter outlining what the opposing side expects to be done by a specific date to avoid litigation.
Be mindful of these warning signs and if you are experiencing this type of behavior, contact an attorney to help you start working through the situation. After assessment, the attorney may suggest you wait and see but it is important to have that initial conversation before a suit is filed and you have a court deadline. Getting a jump start can be very beneficial in achieving effective resolution of the case and reducing the potential cost of litigation.
2. Early Assessment and Strategy Development
One of the critical elements of defending civil litigation is early assessment. If you are seeing warning signs or a suit has already been filed, you should start your assessment by reflecting on your personal knowledge of the law. Try to get a feel for where your level of expertise lies within this particular area. Take notes on what you know and jot down questions you may have. If possible, reach out to an attorney to help answer your questions.
Next, start examining the merits of the potential claim by gathering documents and even identifying potential witnesses. Start to fill in gaps or uncertainties you believe will play a role in litigation.
The law is complex and can seem overwhelming. However, you will never be right 100% of the time, but even a little knowledge helps put you in a better position than no knowledge at all.
3. Document Preservation
If you are anticipating litigation, it is critical that you immediately start preserving all relevant documents, as these documents could play a crucial role in defending the claim. These documents could be emails, contracts, financial records and statements, and any other documents you deem relevant to your case.
In addition to preserving documents, it is also important to note you want quality documents. This is because if your case proceeds to litigation, the court requires original or exact copies of all documents in order to be introduced as evidence.
Also, having all your documents in one place will save you time and money when dealing with your attorney. Giving your attorney all the documents up front will prevent unnecessary headaches later.
4. Finding an Attorney
After your initial assessment of the claim, you may find yourself in need of an attorney. Finding an attorney can prove harder than one thinks. This is because you must find an attorney who practices the type of law your suit entails, is within your budget, is available to take your case, and is someone you feel comfortable working with.
5. Honesty
Once you have chosen an attorney, it is vital to remain open and honest with them, especially when disclosing your side of the facts. Attorneys are not there to judge you, and your nondisclosures make the attorney’s job harder.
It is important to remember that attorneys must keep your information confidential, so you should always feel comfortable telling them all the facts of your situation.
Defending civil litigation requires a multifaced approach that combines strategic planning and effective communication. By following these tips and seeking the guidance of experienced legal counsel, you enhance your chances of a successful defense. Remember, each case is unique, so it is essential to tailor these strategies to the specific circumstances of your situation.
Erickson|Sederstrom litigation attorneys have handled lawsuits in Nebraska, Iowa, and surrounding states for over 55 years.
Special thanks go to Erickson|Sederstrom law clerk Emily Todd for her assistance with this article.