Commercial litigation can be quickly resolved in a settlement or end up going to trial which may take as long as 3 years! Here are a few tips to remember when you are involved in a commercial litigation.

1. Cease all communications.

A commercial litigation commences when you notified through a summons and complaint. Once you verify the parties labeled in the caption, cease all communications with the opposing party. Anything you say after the commencement of a lawsuit may hurt your position and be used against your favor.

2. Gather and store all materials.

This includes both relevant and irrelevant documents. All documents related to your company or lawsuit should be gathered and stored in a safe place so you and your attorney can review them. Even if you believe some of the documents are irrelevant, it is your attorney’s discretion to decide whether or not it may be useful for your position. If your company has a document destruction policy, make sure all destruction policies are suspended until your attorney advises you to do so otherwise.

3. There is no guarantee.  

Almost all experienced attorneys will tell you, there is no guarantee in a commercial litigation. Even if the evidence is completely in your favor, the smallest factors, such as a witness testimony can change the direction of the case. Every professional and experienced attorney will prepare for the worst case scenario.

4. Stay involved.

Be involved in your litigation. Maintain consistent communication with your attorney about the litigation. Commercial litigation can become complex and difficult to follow. It is your job to ask and your attorney’s duty to explain the process so you can understand. 

Commercial litigation can occur anytime. Once you are in a commercial litigation, follow the tips above to ensure the most optimal outcome.

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