If you are in the midst of litigation in New York, your business is in a precarious position. A loss in the courtroom can lead to a verdict directing you to pay penalties or damages to another party. No matter how strong your legal position is or how favorable the facts are, certain mistakes can derail your case and sabotage your chances of prevailing.
To protect the best interests of both you and your business, understanding these common pitfalls is vital. Three key mistakes that a business litigation lawyer will generally advise you to avoid include:
1. Destroying Potential Evidence
Once you are notified of a lawsuit, you should immediately implement protocols to preserve potential evidence. This advice applies to tangible evidence like letters, policies, and employee files, as well as to digital evidence like emails and video recordings.
You do not want to risk deleting or destroying potential evidence that could help the other side. With the help of your lawyer, you will need to identify and preserve relevant documents as quickly as possible.
Separate these files from the rest of your business’s records so that they are not accidentally deleted. If you have automatic data destruction processes, suspend those processes until your attorney tells you otherwise.
2. Posting About the Case on Social Media
It’s also important for you and your employees to avoid talking about the case or the parties involved on any social media. This is because these posts may:
- Be seen as intimidating to some witnesses, which could be a crime
- Violate pretrial restrictions on public commenting
- Reveal confidential or privileged information that can be used at trial
- Contradict official announcements you make in court and in public
The best course of action is typically to ask your employees to refrain from making such posts until the litigation is concluded. Explaining the risks involved may be enough to gain your employee’s cooperation.
If you do learn of employee posts during the course of litigation, bring the matter to your attorney’s attention. Your lawyer can then advise how best to handle the situation.
3. Hastily Settling Your Case
You will also want to resist the temptation to settle your case at the first opportunity. It is true that a lawsuit is a distraction that can divert your attention and resources away from running your business. However, accepting a settlement with terms that are harmful to your business can leave your company in worse shape than prolonged litigation.
Instead, talk with your business litigation attorney about your goals and objectives. Your attorney can use this information in settlement negotiations to obtain a favorable resolution for you and advise you whether a settlement offered is in line with your goals.
Conversely, your attorney can also tell you when a settlement is not in your best interests and recommend going to trial when necessary.
A Commercial Litigation Attorney Can Protect Your Future
Dealing with litigation for your business can be challenging in a variety of ways. But by following these best practices and the advice of a qualified business litigation attorney, you can successfully navigate this time and protect your company’s future along the way.
If you are facing a lawsuit in New York, having the right advocate on your side is critical. At Levy Goldenberg LLP, we take pride in protecting businesses of all sizes through fierce advocacy and effective, practical solutions. Contact us to schedule your consultation with us today.