Once You Pick a Fight, Prepare to Get Shit On

  1. Don’t panic. Getting named as a party in civil litigation is annoying, but it shouldn’t freak you out. It could harm you reputationally, so be prepared to address the litigation with a few talking points. However, it’s not the end of the world. Civil litigation does not mean that someone is going to throw you in jail or prison. Civil litigation can be filed by anyone, and can even be totally bogus. So the main message is: do not freak out.
  2. Hire a lawyer that is affordable, but that isn’t complete garbage. Lawyers are in their line of business to a) help people and b) make money. Some lawyers are in the business to just make money, and if you’re low on resources, this isn’t the lawyer that you’ll want to choose. A lot of lawyers work on a sliding scale, or if you have a lawyer who is your friend, he will be more likely to represent you at a lower rate. However, litigation is time-consuming. Your lawyer will need to be compensated. Talk to your lawyer up front about your resources and hear them out about how they will try to keep costs low.
  3. Go on the offense. Litigation does not need to be one-sided. Think about your relationship with the plaintiff and understand whether plaintiff actually wronged you at some point. If you were in business with plaintiff, there is likely a point in time when you just “let something go.” If a state of limitations has not passed, don’t let that “something” go. This is your financial life and reputation at stake. Don’t be afraid to fight back.

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Farva Jafri

Farva Jafri

I’m not here to save the world, but while I’m here, I might as well say something interesting.