litigation. It is a specialty that we enjoy practicing in. However, in
our role as "counselors" we ask our clients to consider several factors
before deciding to proceed with a business law suit. Some of the
disadvantages of suing are:
Costs. Business litigation will be extremely expensive. It'll cost you
thousands of dollars.
Time. You may think you are in business to be in business, but once you
proceed with commercial litigation you and your staff should be prepared
to devote large amounts of time to the lawsuit. Attorneys will not be
able to do it alone. You will be deposed. You will have to go over
documents with your lawyer. You will have to prepare for court. You will
have to locate any and all documents and e-mail even remotely relevant
to the dispute. You will have to search every hard drive and every file
cabinet.
Privacy. By filing a lawsuit, you will expose your business practices
and documents to a public forum. Even if you think some of your
documents are extremely confidential, you should prepare to deal with
the fall-out from having to produce those documents. Publicity about a
lawsuit can also adversely affect business relationships and draw
unwanted attention to your business from the friendly IRS.
The Principal of the thing: Suing over principal is rarely, if ever, a
good business decision. Before proceeding make sure you think you have a
legal and factual basis for success. Suing just because of perceived
injustice will lead to disappointment in the result and more importantly
could result in the litigation becoming all an all consuming goal -
rather than the success of your business.
Pursuing a lawsuit is not an endeavor to be undertaken lightly. Do so
only if the ultimate goal of the litigation would outweigh its
disadvantages.
If you have a business dispute that you would like to review with one of
our lawyers contact Kevin McManaman, Jeanelle Lust, Trev Peterson or Rod
Confer at 800 714 3439
Jeanelle Lust
Managing Partner
www.knudsenlaw.com
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