The Client’s Role in a Business Lawsuit

When and why to contact an Estate Planning Lawyer

Clients play a crucial role in a lawsuit by way of communicating and providing all relevant information and specific details about the underlying facts involving the lawsuit to the attorney.  Clients should be involved in all stages of the litigation including the strategy of the litigation, gathering information for discovery production and identifying key witnesses and exhibits to be used as evidence in a lawsuit as it moves towards trial.  When a client is involved in all stages of litigation, the outcome of the litigation improves tenfold and is paramount to the attorney representing the client.  The first thing a client should do is put together a chronology of events outlining the factual background of the litigation and provide it to the attorney as the first order of business.  The chronology of events identifies dates and people which are key identifiers when looking at the facts involved in a lawsuit.  

What Is The Fee Arrangement For Business Litigation?

The fee arrangement can be on a flat fee, contingent or hourly. Most business litigation attorneys will charge an hourly fee; however, there are attorneys who work on a contingent fee basis where they are paid for their services at the outcome, trial or settlement, and it is typically a percentage of the settlement.  That percentage can increase when the lawsuit moves into trial or appellate stages.  Some lawsuits bode well with this structure but it requires close scrutiny by the firm to know if it can be settled quickly so that the firm is not carrying the weight of the expense for a long duration.  Many lawsuits can take two years to get to the settlement stage or to trial.  

Do I Always Need An Attorney To Represent Me In Business Litigation Cases?

The short answer to this is, absolutely.  Anyone involved in litigation should have the  professional and/or an attorney represent them.  Procedurally, litigation is complex and an attorney is well versed how to procedurally look at strategies in each particular lawsuit.  A client or lay person simply does not have the experience or expertise to do this. There are plenty of lawsuits where clients present pro se and they linger on in the court system forever.  This is not where you want to be and the Court system tends to have a short fuse with pro se litigants.  

In What Ways Can I Protect My Business From A Lawsuit?

Don’t wait until something happens.  The best protection is preparation and planning and that involves utilizing a professional and/or estate planning lawyer in Belgrade, MT, like from Silverman Law Office, to draft the documents that the business will use. Basic counseling from a trusted firm concerning pitfalls that may occur given the nature of the business would be invaluable. Most people that try and save money by not using an attorney to guide their business dealings often end up spending much more in attorney’s fees once a problem arises.