Litigation

Know what to expect from business litigation
By Michelle Cramer Civil litigation is a possibility that every business owner faces. While your desire may be to avoid the courtroom, sometimes a lawsuit is necessary in order to protect your business. In addition to the typical civil lawsuit, there are 3 other forms of civil litigation that you need to be aware of before proceeding:
 

1. Small claims lawsuit

2. Alternative Dispute Resolution (ADR)

3. Class action litigation

Small claims lawsuits are similar to typical civil lawsuits, with the exception that you don't need to have a litigation attorney represent you and there's a limit to the funds recoverable if you win. ADR provides for resolution out of the courtroom through mediation or arbitration. In a class action litigation, the plaintiff represents a larger number of people or businesses who suffered the same alleged wrong-doing.

Determine which cause of action best suits your litigation case

If someone wrongs your business and refuses to make things right, then civil litigation is your best option. Determine which type of civil litigation will give you the best results in your case. Consider a small claims case, if you seek to recover a small amount, typically under $5,000. If others suffered loss as you did, class action litigation may be the right choice. If both parties agree to settle the matter out of court with a mediator (suggests a resolution) or arbitrator (decides the resolution), ADR is more efficient. Alternatively, if none of these options work for your case, than a simple civil lawsuit will work best.
Try: Fully understand each type of litigation before proceeding with a lawsuit. Visit HG.org for complete information on Alternative Dispute Resolution (ADR). LegalZoom provides litigation information on small claims cases and Tech Law Journal explains class action litigation.

Familiarize yourself with the civil litigation process

Civil suits, small claims court and class action litigation have a specific process from start to finish. First, file your complaint with the court in the form of a Petition. The Petition is then served to the defendant you name and a court date is set. If the defendant doesn't appear in court, you will likely get a judgement against her. If the defendant does appear, your attorney requests a trial and the discovery process begins.
Try: Go to TFC Associates' diagram that explains the litigation process in further detail, including a flow chart to aid in your understanding. If you are filing a small claims case on your own, visit USLegal Forms or LegalZoom to download small claims forms for your state.

Hire a litigation attorney

Class action and ADR cases require litigation services from an attorney. Most litigation attorneys have years of experience in the courtroom and will provide the appropriate litigation support.
Try: Find litigation attorneys in your city or county who specialize in business law and meet with a few of them to discuss your situation. BMHM lists business attorneys by state and city. discuss your situation. Enter your area code or city and state at LAWINFO.com to find a litigation attorney near you. Review the article "Selecting a Good Lawyer" on Lawyers.com to aid in your decision of choosing the right attorney to provide litigation services.

• Use a litigation support company, such as CT Summation or DOAR Litigation Consulting, if you plan to represent yourself in your civil case. Litigation support firms provide training for the courtroom and case citations to assist you in winning your case.
• Familiarizing yourself with the litigation process will help you to protect your business from being sued. There are also several tactics, especially with respect to business contracts, that can keep you out of the courtroom. Refer to the Other Links section below for further information.