If you run a business, the last thing you want to get caught up in is litigation – whether initiated by you or the other side. But sometimes, it’s just inevitable. Whilst there is no such thing as being ‘prepared’ for litigation, you can certainly tick a few boxes that will maximise your chances of success.
As a business owner, you need to be aware of what commercial litigation and disputes can entail. Here are some of the areas where disputes and lawsuits are quite common.
- Banking, regulatory and finance disputes
- Commercial Contract
- Competition
- Consumer protection and regulation
- Misleading and deceptive conduct (including false advertising)
- Fraud
- Product liability
- Property disputes
- Technology liability and cybersecurity
- Defamation claims and proceeding
- Insurance disputes
So, without further ado, here are the top 3 things you need to do if you’re caught up in (or about to) in litigation.
1. Invest time in finding the right lawyer.
Chemistry and personal trust are not the only important factors when the stakes are high. Competency is, however. And by competency, I’m referring to someone who can over-deliver on your desired outcomes and save the day when it all seems doom and gloom.
For example, over the last couple of years, we, at Lazarus Legal, represented and fought for the Double Bay Bowling Club in a legal dispute where the stakes were high. Here is the background story. In the past, a covenant was in place which brought restrictions preventing the club from using it’s owned property to the best of it’s potential. But just recently (Date of Judgement: 8 December 2020), the court has finally ordered the covenant to be extinguished. This means that the bowling club is now able to deal with its property without the restriction of the covenant and look forward to a more promising future.
On the flip side, minimising risk Every deal or transaction carries with it the risk of a dispute. Successful businesses have savvy leaders who work with lawyers that can pre-empt any issues can lead to unnecessary disputes down the road. Call it a bird-eye-view. Or call it a crystal ball. Competent lawyers can see what you can’t. And that’s what ultimately makes the difference between mediocre businesses and those that make it to the top.
2. Adopt a purposeful approach.
Most people get emotionally caught up in disputes and lawsuits. Although that tends to be more persistent in civil disputes, it’s still a common challenge in the commercial litigation world. One of the most important steps to take is to stay ‘objective’ and ‘purposeful’, that is, focused on the outcomes and options you want whilst remaining open to alternatives and options that can achieve the same outcomes.
Bearing in mind the costs of commercial litigation, a savvy commercial lawyer will approach your litigation with a purposeful approach and help you understand the possibilities, complexities, upside and downside of the various approaches you can pursue.
3. Do NOT Procrastinate for 1 second.
The earlier you act and speak to the right lawyer, the higher the chances of coming out on top. Sometimes, early dialogue with the other parties can mean a more effective negotiation, less cost and or damage. An early dialogue will allow your lawyer to ascertain the most suitable method and timing of every step they need to take on your behalf.
Who is Lazarus Legal?
A trusted Litigation Lawyer can make the ultimate difference for your business. At Lazarus Legal, we work with a range of clients across many sectors – helping them thrive and grow but most importantly, fight and win their battles.
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Barry Lazarus
With decades of experience in both Australia and South Africa, his wisdom is as renowned as his name. Barry was kicking ass in the courtroom and after all these years, he still has a reputation for refusing to back down.
