If you are in business today, it is unfortunately essential to have a commercial litigation lawyer in your network. In today’s fast-paced world, misunderstandings happen frequently, and sometimes, people may cause harm while genuinely believing you are at fault.

When reasoning and negotiation fail to resolve the issue, you are often left with only one option—hiring a commercial litigation attorney to protect your interests.

If you have been served with a lawsuit, you have a limited time to file a response from the date of service. Time is of the essence, so it is crucial to start interviewing commercial litigation lawyers as soon as possible.

If, on the other hand, you are in the offensive position, you are not under the same time pressure. However, if you have exhausted all alternatives, such as mediation, arbitration, and negotiation, then commercial litigation may be your only remaining option.

1. Organize your paperwork and witnesses. Law firms spend significant money on having commercial lawyers and paralegals sort through paperwork—a task that your own staff could often handle more efficiently. Your employees already understand your company’s foundation and likely the situation at hand, whereas a paralegal new to the case must first figure everything out before organizing it. Handling this step internally can save you tens of thousands of dollars.
2. Stay away from the opposing party. Many clients, in an effort to reduce litigation costs, continue to communicate with the opposing party. However, negotiating a settlement is an art. If you point out their wrongdoing, they are more likely to justify their behavior rather than apologize. This is due to cognitive dissonance—when faced with more evidence, they may double down on their stance, further escalating the dispute and increasing litigation costs for you.
3. Don’t wait too long before filing. Many clients miss their opportunity to litigate because the statute of limitations expired while they were focused on running their business. Be mindful of legal deadlines and take action before it’s too late.
4. Think through everything you want to file in the original lawsuit. If you are going to fight, you should fight to win. A well-structured lawsuit may convince your rival’s attorney to advise settlement, making them your biggest ally. On the other hand, a weakly built or rushed lawsuit will do nothing but amuse the other side’s lawyer, who will then encourage your opponent to fight back aggressively.
5. Make yourself available to your lawyers. Some motions, such as ex parte motions, have short deadlines—every second counts. If your lawyers cannot reach you, they must file responses based on limited information. However, you or someone from your firm may have critical details that could make or break your case. Always remain accessible.
6. Develop a strategy. Once everything is organized and under control, the most important step is to create a strong legal strategy. A good commercial litigation lawyer will guide you based on:

• • Current facts
  • A SWOT (Strengths, Weaknesses, Opportunities, and Threats) analysis
  • Past legal experience

Once you develop an attack strategy, treat it like warfare—utilize surprise, timing, and swiftness to your advantage, and be relentless!

We have been handling commercial litigation cases for 38 years. Our approach is highly strategic, which is why our clients don’t spend excessive money on legal fees.