A South Florida Business Attorney’s Guide to Business Lawsuits

Your business or company has been attacked and you realize you may need a South Florida business attorney. Your adrenaline is pumping and your heart is racing as your fight/flight response kicks in. You feel overwhelmed and betrayed as you realize one of your worst fears has come true. Your business is being sued.

Though your feelings are common, it is important to neither flee, nor fight, because an effective response to a lawsuit is a deliberate process that will keep your business running and your reputation intact while you leverage the skills of a business attorney to gain momentum, minimize costs, and yield the most favorable outcome.

Here, Eskander Loshak LLP shares several crucial components necessary to optimize your immediate response and eventual defense when your business is faced with a lawsuit in Florida.

Prepare to Answer

No response means the other side wins, so that’s not an option. A variety of factors determine written response dates, which can vary from 5 to 60 days. These factors require knowledge of relevant laws and rules of the court. You must consult with an experienced business attorney to review the details and allegations of the lawsuit. If, for example, the wrong entity or person associated with the lawsuit is named, your attorney may move to dismiss. If not, your South Florida business attorney will know exactly when and how to respond to the lawsuit. Let your South Florida business attorney do what they do best while you focus on running your business.

A Reminder…

The option to talk through the issue in question with the plaintiff ended when the suit was filed. At this point, anything you say related to the lawsuit can be used against you. Let your South Florida business attorney do the talking.

Insurance Coverage

Review your insurance coverage and promptly inform your insurance provider even if you’re not sure the pending claim is covered. Should the nature of the lawsuit fall under your policy’s umbrella, your insurance company may require prompt receipt of the lawsuit papers. The good news is, your policy may cover court costs, attorney fees, and even the amount of the settlement you may be liable for.

Evidence Preservation

Destruction of evidence or “spoliation of evidence”, including physical and electronic, can result in sanctions and can negatively impact your case. Electronic evidence includes electronic data such as emails, videos, text messages, voice messages, Web pages, and photos. In the ordinary course of business, if such records are routinely deleted or shredded, you need to discontinue that practice and execute a plan to preserve that information.

Fact Gathering

This is an essential, time-sensitive component of defending your case at trial. Strategic and thorough preparation of relevant information must start immediately because memories fade and documents become misplaced or destroyed. As soon as it’s feasible, gather pertinent information and have witnesses interviewed to concretely formulate your defense.

Careful Attorney Selection

Just as doctors specialize in medicine, attorneys specialize in specific types of litigation. It is worth your time to conduct due diligence to ensure the attorney or firm you select is aligned with the nature of your lawsuit.

Since communication and meeting of the minds are essential in defending these cases, you also want to ensure the attorney’s character and outlook are consistent with your business values and culture.

Arm Your Quiver

Although being on the receiving end of a lawsuit is unsettling, consider it part of doing business. Arm your quiver with a savvy business attorney, appropriate insurance, preserved evidence, and compelling evidenced-based facts to enable you to shoot for the very best outcome.

“Injustice anywhere is a threat to justice everywhere.” – Martin Luther King, Jr.

“No man is above the law and no man below it.” – Theodore Roosevelt

At Eskander Loshak, we operate in South Florida with a Business Attorneys mindset because our ultimate goal in partnering with you is to contribute to your business success. Contact us for a consultation at 954-334-1122 or info@eskanderloshak.comFor some great tips on trademark protection click here.