Steps to take if your business is involved in a dispute

If your business is involved in a serious business dispute and you have been sued, think you will be sued, or you need to sue, you will improve your chances for success in the negotiations or lawsuit greatly if you follow these suggestions.

Hire an Attorney That is an Expert in Business Litigation. This really should be your first step if you are involved in a business dispute. Ideally you will contact an attorney before suit is filed and a resolution can be reached without a lawsuit. It is much more difficult to reach a quick resolution after the lawsuit is filed. At Birk Law Firm, we are experts in business litigation and will meet with you and develop a customized plan for your litigation.

Let your attorney handle communicating with the other party. Before a lawsuit is filed, you may say or send a letter explaining your side of the story that you think is going to resolve the situation. However, you may say something verbally or in writing that is later used against you as an admission of fault even though that is not what you meant.

Gather information. Keep accurate and complete records of everything. Keep records on the other party related to the dispute. Keep records on yourself related to this situation. Keep copies of any contracts or other documents that are relevant to the dispute. Keep all correspondence, whether a letter, email, text or otherwise between you and the other party and between you and anyone else regarding the dispute. Keep records of phone calls or any communication between you and the other party. You could hurt your case if you don’t keep records, and you could actually be sanctioned by the court if you destroy records. If it is relevant to your dispute, print or save social media of the other party so you have it for future use in case they delete it.

Contact your insurance company. Be aware that your loss may not be covered by insurance. If it is covered or potentially covered, your insurance company is required to provide and pay for your legal defense. Depending on the situation, you may need your own attorney in addition to the one hired by the insurance company. Sometimes the insurance company does not uphold their responsibilities and you have to sue them.

Don’t panic. Litigation is not pleasant but you need to keep your cool. Don’t do anything rash towards the other party. You need to give the lawsuit your attention so it can be resolved in your favor as much as possible, but you also need to focus on your business. Don’t let your business suffer from the effects of the lawsuit. Let your attorney handle the lawsuit.

Write down everything you can think of. Write down names of witnesses, places where transactions occurred, dollar amounts involved, third parties that are involved, and everything else that you think has any chance of being relevant to negotiating or litigating the dispute.


Why Choose Birk Law?

Birk Law Firm is a small firm by choice that is big on client services. Attorney Kelvin Birk and his team are responsive to their clients’ needs. When we sign on as your law firm, you can count on us for strong legal counsel, from negotiations to settlement to trial.

Cape Girardeau Law Firm Kelvin BirkOur clients benefit from the intertwining of Kelvin Birk’s legal and CPA background and experience. We provide well-rounded advice to solve both legal and financial issues and to come up with creative solutions. We use modern technology to deliver legal services in a more efficient and client-focused manner than was previously possible.

We provide personalized and compassionate service. We believe that each client’s matter is the most important matter in the world to them, and we strive to treat it that way.


Contact Kelvin Birk