August 1, 2013. A nightmare scenario encountered frequently by litigation attorneys stems from businesses which wait until the eve of a lawsuit before contacting legal counsel. Before contacting legal counsel, these businesses (often successful businesses with the confidence they are equipped to handle things themselves) decide to navigate through months and months of an informal dispute – sending emails and letters, making admissions, etc. – all of which can be very detrimental to a lawsuit and all of which can make a litigation attorney’s job more difficult once retained. If you find your business in a meaningful dispute, err on the side of contacting legal counsel. At least initially, the adverse party does not even need to know you have contacted your attorney. However, an attorney can review documents, provide legal analysis, review communications received, assist with the preparation of appropriate responses or other correspondence, and provide critical guidance to avoid a lawsuit and, if necessary, have your business in the best position possible if a lawsuit is initiated. Be proactive. In many instances, things you say and do prior to hiring counsel can be used against you in court.
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