If your company either may need to file a lawsuit or may soon become the named defendant in a lawsuit, it is critically important to be proactive about your response to this challenging situation. As an experienced business litigation lawyer – including those who practice at Eric Siegel Law – can confirm, companies too often wait until litigation is formally underway to assess their circumstances with a “wide lens.” Litigation can affect every aspect of your operations, from your relationship with your employees to public relations impacting your customers or clients. Regardless of the unique nature of your situation, it is important to be as proactive as you can when navigating the period of time leading up to litigation.
Why Is It So Important to Be Proactive?
There are a few primary reasons why a proactive approach is beneficial when litigation is likely to get underway in the relatively near future. First, building a strong case takes time. The quicker you connect with a reputable attorney who handles cases like yours, the more time you’ll afford them to build the strongest possible case on your company’s behalf.
Second, viewing your legal situation with a wide lens early on will allow you to make adjustments however your company needs you to. For example, if an employee is getting ready to sue you for discrimination, that reality may set your company’s internal culture on edge. Processing not just the threat of litigation but how that litigation may be perceived by your employees will help you to tackle this challenge head-on. In this scenario, you may benefit from holding a Town Hall meeting within your company to not only review and reinforce your discrimination policies but also to reassure your employees that you remain committed to upholding their legal rights and interests.
Additionally, speaking with an attorney proactively will help you to understand what adjustments you’ll need to make to any processes, policies, and/or communication strategies in light of the situation that you’re navigating. For example, you may be advised to stop communicating with certain parties or to allow an attorney to speak with insurance claims adjusters on your company’s behalf. It isn’t easy to detail what kinds of adjustments you’ll need to make at this time, as every business litigation scenario is different. However, it is clear that a proactive approach to seeking out legal representation when litigation is likely is important no matter what the details of your unique situation may be.