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5 Tips When Preparing for a Commercial Litigation Case

We’ve all been in arguments and had disagreements with others. Disputes are a part of life.

But, disputes can (and often do) happen between businesses. When one company takes legal action against another business, it’s known as commercial litigation.

Being involved in a dispute like this can be stressful, but it becomes much more manageable when you’re prepared.

Not sure where to start? We’ve got you covered.

Let’s take a look at five ways you can get yourself ready.

1. Keep The Evidence Safe

Whether you’re gearing up to sue or getting served yourself, keeping evidence intact is crucial. This especially applies to electronic evidence, such as emails, memorandums, and spreadsheet information.

As a rule of thumb, it’s best to avoid destroying any type of data until the dispute has been resolved.

Even if the information destroyed is harmless (or seemingly irrelevant), the other side can argue that you got rid of it in order to protect yourself.

After you permanently delete something, it’s nearly impossible to argue that it wasn’t damaging to your case. So, make sure you keep all your data backed up!

2. Limit Your Written Communication

In moments of tension between businesses, it can be tempting to try and smooth things over through email.

But, doing so could be the proverbial nail in the coffin when it comes to your court date. Anything you put in writing to the other party can be used in court against you, even if the trial isn’t until months down the road.

If you feel you have no other choice than to write to other company, make sure you have an attorney review your writing first.

3. Never Admit Fault

Similar to how many people want to reach out over email, it can be tempting to try and de-escalate the situation by taking the blame for what has occurred.

If you want to have any chance of succeeding in court, avoid admitting fault at all costs (even if you technically are to blame).

Any competent lawyer will use these statements against you during a trial, and it could mean the difference between winning and losing.

4. Be Civil

It’s common during a dispute of any kind for things to get emotional. This is especially true when the two parties have a history.

If you must communicate, remain as civil as possible throughout your conversation. It won’t look good in front of a judge to have evidence brought forth that you were aggressive or abusive toward the other party.

5. Find a Solid Attorney

This is one of the most crucial steps to preparing for commercial litigation. Without an experienced lawyer, you’ll have little hope of getting the results you want.

Hiring a competent legal professional will ensure that you’re adequately prepared before trial (and stop you from hurting your case along the way).

Commercial Litigation Can Seem Intimidating

But it doesn’t have to be. With these tips, you’ll be ready when you have to walk into that courtroom for your commercial litigation case.

Want to learn more legal tips? Check out our blog!

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