Be Careful What You Say and Write When Involved in Business Litigation
Business litigation can be expensive and time-consuming. If you find yourself involved in a dispute and feel like the only way you can resolve it is to hire a business litigation attorney, there are several ways you can prepare before you build your case.
Avoid Communications with the Defendant
It's important to limit communications with the other party with who you are planning on suing. Anything you say can potentially be used against you in a legal dispute.
However, you will be able to communicate with the individual you are taking legal action against through a business litigation lawyer to avoid saying anything that might jeopardize your case. This is especially true for anything put in writing because this will be immediately admissible in court. Therefore, you should be careful when sending an email or text message.
Keep All Documents and Communications
Keep any documents that are related to your business agreements with the other party. A lawsuit can take a long time to resolve and it's easy to accidentally lose a document that might play a crucial role in your case. You will be required to preserve any information that is recorded electronically.
However, you are not forced to create new documents. When it is not necessary, do not create any documents related to your relationship with the other party because the documents will become admissible in court. For example, you may try to calm down the other party and you may apologize or admit fault in one of your electronic communications. However, this can then be used by the other party to seek damages or file a counterclaim.
Don't Act Out in Anger
You might also make statements that you will later regret in the future. For example, it's common to vent and express your anger but you may make a statement that will later be presented in court and will look terrible when it is taken out of context.
Take Advantage of Attorney-Client Privilege
Fortunately, you are allowed to discuss anything you want with your attorney and this will remain confidential thanks to attorney/client privilege. Your attorney will only be able to discuss your case if you agree to discuss aspects of your case with the public. Also, any communications that occur when a third party is present will not benefit from attorney-client privilege. Therefore, it's always important to be careful what you say or write throughout your lawsuit.
For more information, reach out to a business litigation attorney.
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