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How Do I Prepare for Business Litigation?

F. Michael Ayaz

You can prepare for business litigation by hiring an experienced lawyer, among other steps. Whether you’re being precautious or business litigation is imminent, preparing for business litigation is a detailed process. Consult with an Orange County business litigation attorney who’s ready and determined to assist with your business law needs and provide you and your business with quality representation.

What Is Business Litigation?

Business litigation is an area under civil dispute litigation that relates to any and all legal issues that arise during the line of business and within the business infrastructure. This area of the law, also sometimes interchanged with the term commercial litigation, is very broad and covers many types of litigation and specific subcategories.

General business litigation deals with state and federal regulations imposed on various business industries, such as unethical or fraudulent business practices. It also includes, more specifically, commercial litigation matters, such as employee law, contracts between businesses, and client complaints.

The Business Litigation Process: What to Expect

Business litigation starts once one party files an official business complaint with the applicable court. Within this grievance, as is required, are the specifics of the alleged business legal breach or other error that was endured and the economic damages that result from it; the plaintiff party is requesting compensation for these economic losses. Soon after the formal suit filing, the opposing party must be served the grievance.

After the dispute claim is served to the accused party, the defendant has a short period of time to formally reply to the complaint. In the majority of cases, the party responds in time, but if they fail to do so, the plaintiff is able to petition the court for a summary judgment to get their requested compensation.

Upon the defendant’s response filing, the case proceeds into the discovery process in which both sides collect any relevant evidence. Either party is allowed to send official requests to the other that must be answered accordingly and in a timely fashion. Failing to do this allows a party to request penalties from the court against the opposing party for not properly responding. New proof is found through this phase, and the case’s nature and outcome become a bit clearer.

Most plaintiffs are able to resolve their suit against the defendant before reaching the courthouse. If a settlement can’t be reached, the case continues into pretrial motions and scheduling for a trial date. After arguments conclude, the court announces its decision, which either party may appeal wholly or on a particular element.

Ways You Can Prepare for a Business Litigation Case

Your business is more likely than not to face business litigation over time. While this is normal, there are some precautions you can take to protect your business and be prepared for when litigation strikes:

  • Business insurance: Having a general liability insurance policy is helpful in preparing for any business litigation, and the more specific the insurance is to your industry, the better.
  • Take action quickly: Upon a dispute against you, submit a claim promptly to your insurance provider, who will elaborate on whether your policy covers the complaint or if you need to begin preparation for litigation.
  • Retain a business litigator and gather evidence: As you start to collect extensive evidence and organize an approach, hire a business litigation attorney. They will help keep track of everything and eliminate what you don’t need.
  • Limit communications with the opposing party: After the grievance has been filed, avoid contacting the other party unless your lawyer approves the idea. Everything you say is admissible in court and could be used to harm your case.
  • Consider alternative resolutions: A pre-trial settlement will avoid additional costs and time spent in court. Of course, this is not always possible, but if it can be achieved, the parties can keep the matters at hand under their own discretion and can focus on the terms of compensation.
  • Keep your business running: Some litigation may take years, so there’s no reason to cease work for an extended period. Keep your business operations up through whatever means it takes, as perseverance can help limit liability in the future.


Q: How Do You Prepare for Litigation?

A: Some ways to prepare for litigation against you include having insurance specific to your business’s industry, replying to disputes and any requests in a timely manner, curating a detailed record of all relevant evidence that pertains to the issue, and hiring a business law attorney who’s experienced in litigation.

Q: What Is the First Step of a Business Lawsuit?

A: The first step to begin a business lawsuit and the litigation process is for one party to file an official business lawsuit grievance with the appropriate court. This complaint document outlines the specifics of the claimed legal faults that were endured and the resulting economic losses that the party is soliciting. Once the filing is complete, the business litigation has started, and the opposing party will be promptly notified.

Q: What Is Litigation in Business Law?

A: Litigation in business law is a largely encompassing and complicated area of law. It concerns any legal disputes a company may encounter, which happens somewhat regularly. Issues can include breached contracts, fraud, product liability, and more. A business can either be the dependent or the plaintiff in a litigation case. Potential disputes may come from another business, a client, business partners, associates, or essentially any relationship or aspect involved in a business.

Q: How Do I Choose an Adequate Litigator?

A: You can choose an adequate litigator by Interviewing potential lawyers and asking about their experience with handling cases of business law proceedings. You would do well to select an attorney who is specifically educated in and familiar with business litigation. You can also ask upfront about their rate, court fees, and available payment options. You should feel comfortable and secure with your attorney.

Prepare for Your Business Litigation Case Today

Business litigation attorneys Blake & Ayaz are ready to hear from you and provide you with high-quality legal representation and counsel. Contact us today.

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