San Diego Commercial Litigation Attorney
If you are in business today, you sadly need to have a commercial litigation lawyer in your database. In today’s fast-paced world, not only do misunderstandings happen, but they also may cause people to hurt you while believing that you are the one at fault. When reasoning and negotiation do not seem to get through to these people, you are left with only one option: hiring a commercial litigation attorney.
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If you have been served with a lawsuit, then you have limited time from when you were served to file a response. Time is of the essence, so 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. If you have tried all the alternatives, such as mediation, arbitration and negotiation, then sometimes commercial litigation is all that you have left. Things to do and keep in mind include:
- Organize your paperwork and your witnesses. Firms spend a lot of money having commercial lawyers and their paralegals organize boxes of paperwork that could easily be conducted by their own staff. The other advantage you enjoy by having your staff organize the paperwork is that they know the foundation of both your company and most likely the situation at hand. A paralegal who is new to the case has to figure everything out and then put it together for the first time. This alone will save you tens of thousands of dollars.
- Stay away from the opposing party. Time after time, we have had clients who have wanted to save on litigation costs keep communicating with the opposing party. What they don’t realize is that there is an art to negotiating a settlement. For example, if you show the opposing party that they did something wrong, the opposing party will, more often than not, try to justify the behavior, not apologize. This is part of the concept of cognitive dissonance. As a result of presenting more and more proof, what can often happen is that the other side now is thoroughly convinced that you are to blame, and they dig their heels in further, meaning more litigation costs for you.
- Don’t wait too long before filing. Many of our clients have lost the opportunity because the statute of limitations ran out while they were busy running their firm and doing other things.
- Think of everything that you want to file in the original lawsuit. If you are going to be in a fight, hit hard with the intention of winning. If it is a solid lawsuit, your rival’s attorney may convince that person to settle with you and could be your biggest ally. On the other hand, if you have a cheaply created lawsuit, all you will do is amuse the other side’s lawyer and have your rival advised to fight you.
- Make yourself available to your lawyers. Motions such as ex parte motions, have short fuses; every second counts. If your lawyers cannot reach you, they must file their responses on the information they have at hand. However, only you or your firm was involved in this commercial dispute, so you may know one small fact that makes all the difference in the world to your case.
- If you have everything organized and under control, the last step is, in our opinion, the most important. Develop a strategy. A good commercial litigation lawyer will guide his or her client in a direction based on the current facts; a strengths, weaknesses, opportunities and threats (SWOT) analysis; and past experience. Once you have developed an attack strategy, then it’s no different than war – use surprise, timing and swiftness as your allies of choice, and be relentless!
We have been conducting cases in the commercial litigation arena for 33 years. We are very strategic, and that is why our clients don’t spend a lot of money with us. On the other hand, they will drive from Los Angeles and fly from San Francisco to hire us, even though they are surrounded by lawyers in those cities. We would like that kind of a trust relationship with your firm as well. Provide us with the opportunity to inspire you with confidence. Call for a consultation and request our lead trial attorney at 877-223-4684, or send us an email.
We are the law firm that gets the job done. Period. If you are serious about results, call us.