Doing Business by Litigation


Business disputes occur every day. Most are resolved quickly while others fester into threats of legal action. Sometimes the problem is a party who wants out of a disadvantageous contract arrangement or other business conflict. If you are heading for litigation, what can you do?

Any business owner knows that legal action is a necessary aspect of doing business. That said, litigation against business partners and clients is a damaging process that can ruin a business. As the economy struggles, businesses on the edge are initiating and being targeted for litigation.

The best way to handle business litigation is to avoid it.

When litigation is necessary, consider the following points to prepare for your day, or days, in court:

  • Good notes make good business practices. A calendar or other file notes give you an idea of your thinking and what was said or promised to you. Although notes along with email communications are discoverable, they also provide an honest look at the environment in which you made decisions.
  • Maintain good business records, and do not dispose of copies when it appears litigation may be eminent.
  • Limit conversations about your case to your attorney.
  • Litigation takes time and energy. Understand it may take a year or more to resolve your dispute.

Sometimes your best outcome comes from a courtroom. When involved in a business dispute, talk to an experienced business law attorney.