You may believe that someone has infringed upon your legal rights to such an extent that it is necessary to sue them. Before you do so, consider the following tips:

(1) Have you explored all business solutions first?

Litigation should be your final option. Have you tried to explore a business level solution by making a phone call, setting up a meeting, or working out a rational solution that will work for both parties? This often can save you years of headache and stress. Make sure you have exhausted all options to negotiate a settlement before filing a lawsuit. Suggest a mediation to the other party to resolve a dispute before you take more drastic steps.

(2) Have you determined what is the applicable law?

Have you researched the state law that is applicable to the type of harm you have suffered? Do some research online to determine whether you can find state or federal statutes that seem to be on point. If you need help evaluating this, seek advice from an attorney you trust with experience in the type of area you want to file a claim in.

(3) Do you have your facts organized?

You will need to provide objective evidence for everything that you allege in a lawsuit. Do you have enough evidence to support each of the requirements of the applicable law? If you need help evaluating this, seek advice from an attorney you trust.

(4) Have you gathered and forensically preserved all evidence to support your claims?

Preserving all evidence means that you should hire a computer forensics company to preserve your emails, physical files, and all associated meta-data to show when particular emails and documents were created, sent and received. Depending on the amount of email you need to preserve, this can cost range between $500 and $2,000. While this may seem an optional expense, retaining electronic evidence in a forensically preserved manner can make or break your defense and thus it is crucial to do so. If you are in the San Francisco bay area, we recommend Jon Berryhill at Computer Forensics to backup and forensically preserve your data.

(5) Have you retained a trustworthy attorney with relevant experience?

Find a lawyer who has significant expertise representing businesses like yours. Such an individual will likely have experience and skills that set them apart when representing you in legal matters. A focused Google or Linkedin search for attorneys having specific skills in your industry can often result in qualified attorney candidates.

This article presents the views of the author and do not necessarily reflect those of LegalForce RAPC or its clients.  The information presented is general information and for educational purposes.  No legal advice is intended to be conveyed; readers should consult with legal counsel with respect to any legal advice they require related to the subject matter of the article.

Print Friendly
Previous articleFraudulent Trademark Solicitations Roundtable – July 26, 2017
Next articleOf Slurs and Square Roosters: The Strange World of Section 2(a) Refusals
RAJ ABHYANKER, is the founding partner of LegalForce RAPC Worldwide. Raj is a winner of the American Bar Association Legal Rebel award, and the Fastcase 50 Legal Innovation Award. In addition, Raj was an economic policy adviser to the Chief Technology Officer of the United States White House for the America Invents Act, and invited speaker at the Association of California Bar Associations conference, and an invited speaker at the U.S. District Court (9th district) Judge Aiken conference on Innovations in Law, Science, & Technology. He has been quoted in the ABA Journal, New York Times, Bloomberg, Fox News, and Fast Company magazine.