Do’s and Don’ts of Effectively Pursuing Commercial Litigation

When a business dispute escalates to the point of litigation, it is crucial to approach the legal process strategically to maximize your chances of a favorable outcome. Commercial litigation can be complex and challenging, but you can navigate it effectively by taking certain positive actions while also avoiding counterproductive conduct.

Your overall litigation goal should be to use the legal process efficiently while not letting it disrupt your business’s operations or reputation. Nor should you let the legal case unnecessarily distract your attention and resources.

Here are some concrete steps you should take:

1. Retain a skilled attorney — A business attorney experienced with Florida commercial law can provide invaluable guidance and make informed decisions as required.
2. Thoroughly assess your case — Working with your attorney to carefully evaluate the strengths and weaknesses of your position will aid in making informed decisions throughout the litigation.
3. Maintain precise records — Keep detailed records of all relevant communications, contracts, financial transactions and other matters pertinent to the litigation.
4. Set clear objectives — Define your litigation goals early on. What is the optimal outcome and what are acceptable tradeoffs? Clarity in your objectives helps guide your litigation strategy.
5. Avoid trial if possible —Talk over with your lawyer whether alternative dispute resolution methods like mediation or arbitration can achieve a good result with less expense and delay.
6. Be candid with your lawyer — Your attorney needs to know all the facts, even if they might not be in your favor. Be forthcoming in your responses to requests for information or documents.
7. Use discovery to full advantage — The information gathered during the discovery phase can be vital in succeeding on a claim or defense.

By contrast, these are counterproductive actions to avoid:

1. Unreasonable delay — Procrastination can harm your case. It is especially important to adhere to court-imposed deadlines.
2. Noncompliance with court orders — Failing to follow court orders can result in sanctions or even dismissal of a claim or defense.
3. Public statements — Avoid making statements about your case on social media, to the press or in any public forum. Such statements can be used against you in court.
4. Withholding evidence — Not disclosing relevant evidence or intentionally hiding it can lead to severe consequences, including court sanctions.
5. Lack of professionalism —Disparaging or offensive behavior can damage your credibility and the posture of your case.
6. Ignoring settlement opportunities — If an opportunity for a resolution arises, consider it carefully. Pursuing litigation when a settlement could be more advantageous can easily backfire.
7. Overburdening your attorney — While it is essential to communicate with your attorney, avoid overwhelming them with excessive requests or unnecessary inquiries.

H. Clay Parker, Esq. in Orlando represents Florida companies in all aspects of commercial litigation, including contract and insurance disputes. Please call 407-216-2504 or contact us online to schedule an appointment.