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What to understand about commercial litigation

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Successful businesses follow rules and regulations to minimize legal troubles. However, even with the best practices and intentions, businesses may find themselves in a bind. 

Litigation is one way to settle disputes, and there are things to do to prepare for the best results. 

Basics of litigation 

According to the Legal Information Institute at Cornell Law School, litigation is the process of settling disputes via the court system. There are two sides ­– a plaintiff and a defendant – and during a trial both parties present their arguments and evidence to a judge, a jury or both. The final decision is on public record, although a judge may allow for an appeal to the decision. Going through litigation is time-consuming and costly, so it is important to take it seriously and prepare for success. 

How to prepare for litigation 

According to the Bellevue Gazette, there are certain things businesses can do to properly prepare for the litigation process. One of the first things is to preserve evidence. This should not be an issue for companies that record all notes and maintains records, whether written or electronic. A big no-no is to create records or alter evidence. 

Litigation can be a drawn-out process, but it is important to continue with regular day-to-day operations. Everyone from entry-level positions to the executive level needs to focus on keeping the business running as usual. 

During the litigation process, it is important to maintain regular communications with the attorney working the case. Keeping a line of open communication helps the business owner keep apprised on details or changes in the case. It is also smart to follow the attorney’s directions when it comes to communicating with the other parties of the case. This usually means avoiding all written and verbal communications. Let the attorney do that to minimize any potential damage.