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Thinking of Litigation? Key Points for Business Owners.

(October 5, 2023) Jeff Long and Charlie Bridgmon of Bray & Long bring decades of experience and courtroom success to every business dispute litigated on behalf of the firm’s clients. Every business should have a skilled and trusted attorney to advise it on disputes and how they might be most efficiently and effectively resolved.

But what if you and your business have never pursued litigation? The following are some key points to consider as you weight into the turbulent waters of dispute resolution.

Ultimately, filing a lawsuit should be a last resort for business owners. It is a time-consuming, expensive, and stressful process, and even if you win, there is no guarantee that you will be able to collect the judgment.

Having said that, litigation is sometimes necessary for a variety of reasons which can range from purely financial to strategic in nature.

Before deciding to file a lawsuit, business owners should carefully consider the following factors:

  • Do you have a strong case? Before you file a lawsuit, you need to be confident that you have a valid legal claim. This means that you have suffered actual damages and that the other party is legally responsible for those damages. You should also have the evidence to support your case.
  • Can you afford the cost of a lawsuit? Lawsuits can be very expensive, even if you win. You will need to pay for court costs, filing fees, and attorney’s fees. If you lose, you may also be ordered to pay the other party’s legal costs depending on the nature of the claim and in some cases the terms of the underlying contract.
  • Are you willing to invest the time and energy required to litigate a case? Lawsuits can take months or even years to resolve. During that time, you will need to be prepared to spend a lot of time and energy on your case. This may take away from your ability to focus on your business.
  • Are there other options available? Before you file a lawsuit, you should consider whether there are other ways to resolve your dispute. For example, you may be able to negotiate a settlement with the other party or mediate the dispute with the help of a neutral third party.

Once your decision is made and you are ready to proceed, here are some additional points to keep in mind. Remember, in addition to seeing your lawsuit through you still have a business to run!

  • Be prepared for a long and complex process. Litigation can be a convoluted, winding road that takes multiple twists and turns before a resolution is reached. It can take months or even years to resolve a case, depending on the complexity of the issues involved and the court system in which the case is filed.
  • Be prepared to be involved in the process. Even though you have hired an attorney, you will still need to be involved in the litigation process. You will need to provide your attorney with information about your case, review and sign legal documents, and attend court hearings.
  • Be prepared for the possibility of losing. Even if you have a strong case, there is always the possibility that you could lose the lawsuit. If you lose, you may be ordered to pay the other party’s legal costs and damages.

For more information on the firm’s litigation services, please visit our website at or give us a call at (704) 523-7777