If you are facing litigation – whether as a plaintiff or the defendant – you are likely to have many questions running through your head. After all, it’s not like you deal with such cases on a daily basis, because you are only a business person.
In this article, we will address some of the frequently asked questions about business litigation and disputes. However, since our list is not exhaustive, you may want to consult with a Miami business dispute lawyer for further insights.
Without further ado, here are the business dispute and litigation FAQs
Do I need a business lawyer?
You could be wondering whether you should bring a business lawyer on board to help with your case, or go alone. But know that business disputes and litigation processes are complex, just as they are cumbersome. If your negotiation attempts with the other party have failed, the next best thing that you can do is to bring a lawyer on board. They can negotiate a settlement to prevent further legal action; assist you through the arbitration or mediation process; and if all else fails, represent you in a business or civil litigation. The lawyer can also represent you during investigations to ensure your rights are protected and that you don’t make any mistakes that would have negative implications on your case.
What does the business litigation process entail?
Business litigation process varies depending on the issue at hand; however, you’ll still need to follow the same procedure as in a civil lawsuit. Often, you’ll need to get a business attorney, handle pretrial matters like motions, go through trial and possibly, appeal if you are not satisfied with the outcome.
Are there alternatives to litigation?
The simple answer is yes. You can go for the Alternative Dispute Resolution (ADR) methods that use mediation or arbitration. ADR methods are not only less expensive but also more efficient than litigation and are often the preferred choice for many business owners.
What can I prepare to bring to a lawyer?
The most important thing that you can bring to your attorney is a written chorology of events highlighting who knew what and when and the actions that were taken, as well as the reasons behind the actions. Your attorney will use this as the basis of the case. You should also avail copies contracts and amendments, emails and letters, photographs, text messages (if any) and so on. Any information relating to the dispute may add incredible value to the business attorney’s experienced eye.
How long does the litigation process take?
The duration varies from case to case. Unless both parties agree, most cases don’t settle until the initial discovery stage is over, which generally takes about 6 to 12 months.
How can I avoid disputes and litigations in the future?
According to experts, you should always put down all obligations on paper. Working with a lawyer to prepare or at minimum, review crucial contracts before signing is also a great way to avoid problems. In fact, many disputes can be avoided if a qualified attorney drafts the terms because they are trained to prevent ambiguities and uncertainties. Finally, you should always organize and preserve critical transactional documents.