You’ve been served …! Now what?

Though litigation is often difficult to avoid in today’s business climate, it can still feel like a punch in the gut when you or your company are sued and served with a summons and complaint. Knowing in advance how to prepare for such an eventuality can help ease anxieties and improve the chances of achieving the best possible outcome.

Following are just a few things to take into consideration:

Insurance:
- Know how and when to report a possible claim.
- Does your policy provide coverage for the claim? Does your policy also cover the cost of legal representation?
- Do you have the right to choose the counsel that represents you?

Preservation of Evidence:
- Preserving evidence and records is important. You need to know what must be safeguarded, and the best way(s) to do so.
- Take care to avoid the deletion or destruction of digital evidence such as emails, texts and the like.

Counsel:
- Regardless of whether your insurer provides counsel or not, you should consult with your preferred counsel promptly upon being served, before taking any other action.
- Be prepared to provide your counsel with information in an organized, efficient and prompt fashion.
- Quickly formulate a plan with counsel as to how to respond to the complaint.
- Do not speak with anyone other than counsel regarding the complaint, and make sure you and your counsel take all steps necessary to preserve attorney-client privileges.

At Erwin Law, we’ve been guiding clients through myriad business issues for more than 30 years. If you are served with a summons in a lawsuit, don’t hesitate to contact our litigation team by emailing info@erwinlawfirm.com, or by calling 773-525-0153.