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Key Elements of a Strong Defense in Business Litigation

With years of experience handling various business litigation cases, I have gained extensive knowledge of how businesses can effectively handle legal disputes relating to other companies, their partners, employees or customers.

Mounting a strong legal defense is critical and fundamental when a third party brings accusations or tries to infringe on your rights. In fact, the things that I am about to share are concepts that lawyers have studied and experienced in law school, whether through academic or experiential learning.

If you and your business are undergoing challenges that may require legal action, here are three key elements that should help you build your case:

  1.   Expert legal representation

    You know how in a Hollywood blockbuster, the band of heroes can successfully fight the big bad guy if they work together? It’s a bit like that…You need to assemble the best of the best arguing for your cause.

    Get the best legal representation you can, as this is the foundation of any strong legal defense. You need a team that is dedicated – one that is willing to go in-depth to analyze your case, identifying potential problems, and strategizing the most appropriate ways to solve them.

    Ensure you have the right legal team specializing in business litigation, with experts in business law, regulations, statutes, and legal precedents.  Most of all, hire a team that is not afraid to pursue your case though to trial and protect it on appeal.

  2. Comprehensive case analysis

    It is important that you and those you choose to represent you in court undergo a thorough examination of the case beforehand. This may sound obvious; however, this is my way of expressing how fundamental preparation is for business litigation.

    Expect to spend lots of time and resources gathering relevant evidence and documents. You should also identify and retain credible and qualified expert witnesses beforehand that will help you build your case and communicate it to the court and the jury. In a survey, only 10.4% of respondents reported cases where the insufficient knowledge of their expert witnesses was a factor.

    To use a sports analogy, this is the part when the game plan is drawn. Discuss the opposing party’s arguments, anticipate their legal tactics and strengthen your defense and offense on every argumentative front. Your party should also diligently approach the discovery process, ensuring that all relevant facts are disclosed from both sides.

  3.  Adherence to ethical practices

    There are tons of lawyer jokes out there, most of them poking fun at attorneys who are willing to do whatever they can get away with to suit their interests. While there are a few bad apples, it is up to the rest of us lawyers — both experienced and freshly-barred — to maintain and uphold the highest ethical practices with pride.

    For people with businesses who are in search of the best legal representation, this last “key element” mentioned may very well be the first thing that comes to mind. A legal team that is able to maintain high ethical standards throughout the litigation process is essential to success.

    Credibility is everything in our business. One small misstep may have severe consequences, impacting everything from our commercial interests to entire legal careers. Personally, I can attest through experience that ethical practices strengthen one’s defense and preserve a business’ good reputation.

A WORTHY CONCLUSION

Litigation is probably less than your favorite way to spend your time and money. In fact, some businesses choose the way of negotiation and mediation to reach a settlement instead of going to court.

However, may these words serve as a reminder for all of us that the best defense and offense are ones that pride themselves on precision, preparation and purpose.

SOURCES:

Areas of Practice. August Law. Retrieved from https://www.august-law.com/areas-of-practice.

Radvany, P. (2014) Preparing Law Students to Become Litigators in the New Legal Landscape. Fordham Law School. Retrieved from https://core.ac.uk/download/pdf/144231599.pdf.

Why Hire August Law. August Law. Retrieved from https://www.august-law.com/why-hire-august-law.

Torchiana, M. Resources: Expert Witness Research Survey. Courtroom Insight. Retrieved from https://www.courtroominsight.com/expert-witness-research-survey.

MacFarlane, P. The Importance of Ethics and the Application of Ethical Principles to the Legal Profession. Journal of South Pacific Law. Retrieved from http://www.paclii.org/journals/fJSPL/vol06/8.shtml.

What is August Law. August Law. Retrieved from https://www.august-law.com/what-is-august-law.

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