Friday, Sep. 16 2011 7:55AM
Getting sued usually not a good experience
By Scott Devouton, guest columnist
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ReprintDivorce. Breach of Contract. Default on Loan. Suit on Account.
Getting sued is usually not a good experience. It’s adversarial, probably the last straw in a bad relationship, and will cost money, time and emotional resources.
The cynic would say that lawyers are the only ones who enjoy litigation. How you deal with a lawsuit will impact your experience with it. Litigation will never be described as fun, but you may be able to make it less bad. When you’re served with or first see a suit, take a deep breath and read the paperwork in front of you. At that point, you’re on the clock, but you have time for a level head. Make a copy of the paperwork, get out your red pen and make notes. Are facts correct? What dates do you see? What does the suit ask for? Where is the court? When do you have to respond to the suit?
Nothing you read is presumed to be correct, and it is most certainly biased. Remember that what you’re reading is designed to logically and coldly argue a point. A good litigator will zealously argue why you are in the wrong, without knowing or caring about your side of the story. As you read, organize your thoughts with as little emotion as possible. This won’t be easy, but it will help you manage the path ahead.
It’s good to have a go-to lawyer on your contacts list. Your lawyer may only help with your will, trust or traffic tickets but probably knows a litigator who can go to battle for you. Your lawyer may also be able to interpret legalese, investigate procedural status or help determine what the suit is demanding. Unless your lawyer has a conflict, he or she may even talk about the substance of the matter, helping you identify key issues right away.
Line up financial resources. In many instances, your litigator will require a case advance, and often the matter can get pricey. If you don’t have a strong defense, it may make sense to gather enough to settle the matter. Either way, look at savings, a line of credit or loan options. You may not have to tap into any of these, but lawsuits deserve low expectations when money is concerned.
While you have a right to defend yourself, it can be a risky proposition. At a minimum, gather enough for a paid consultation with a litigator. Even this, though, won’t provide you the protection of having a lawyer enter his or her appearance on your behalf. Sometimes it makes sense to work with a few lawyers, as litigation touches many areas of the law. Business and bankruptcy lawyers often help with projects made necessary by litigation. If you are a business owner, make sure your business lawyer is in the loop. Assess what you have to lose and allocate resources accordingly.
As you assemble your team, remained focused on what you value. This is important, as you’ll be directing your attorney on strategy and settlement offers. If the best interest of a child is your main value, keep that in focus as the emotion of divorce takes hold. If you want to keep costs in check, manage ego as business litigation heats up. This can be especially important if you’ve retained a particularly zealous litigator.
Practice patience. Whether you experience discovery or a clogged docket, your matter will almost certainly last longer than you expect. In most circumstances, a delay in a matter is completely normal. Your mind might be racing, but your case is not. Use delay as opportunity to tend to everyday business. Exercise. Put money away. Stay on top of future court dates and discovery schedules, but do your best to compartmentalize spikes in stress caused by litigation.
Litigation is the dispute resolution method of last resort. It has been designed to provide all parties with a methodical avenue to present evidence that supports their points of view. Keep this in mind as litigation and emotions heat up. Define victory and play to win.
Based in Lee’s Summit, attorney Scott Devouton provides basic estate planning and small business services, and authors the blog, “Attorney Client,” at www.devouton.com.
