Should I Contact An Attorney Beforehand If I Suspect I Will Be Sued?
You should absolutely consult an attorney if you think you might be sued. There may be alternatives that the other party will take into consideration prior to filing a lawsuit. One of the first things that an attorney will do is talk to the prospective client and ascertain what the case is about, and then reach out to the other party or the other party’s counsel to see if there is a way to avoid such a lawsuit.
The party that is contemplating hiring the attorney and thinks they are going to be sued may have already reached out but it’s different when an attorney contacts them on your behalf. If there has already been correspondence from the other side, both parties may agree to pre-suit mediation, which may save a lot of time, money, and aggravation.
I Am Now Being Sued. What Steps Should I Take To Protect My Company?
The first step is always to retain counsel. In the state of Florida, corporations cannot represent themselves outside of small claims court. Typically speaking, a business entity has to have an attorney represent them. That attorney would do a preliminary analysis, hopefully prior to litigation actually being instituted. Sometimes, the first time you hear anything of a lawsuit is along with a summons and then you have to react and file an answer or a motion to dismiss, or some other type of responsive pleading.
Obviously, there would be a cost-benefit analysis in regards to trying to settle the case versus litigating, especially considering whether there is an attorney’s fee provision for the prevailing party and the likelihood of the business coming out as the prevailing party. These are all important considerations once a suit has actually been filed against a business entity.
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