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Preparing for Business Litigation: The Info You Need

Business disputes are a common reality that can jeopardize your company’s operations and relationships. While attempting to directly negotiate with the other party might seem possible initially, if the threat of litigation seems likely, it’s crucial to engage a qualified business law attorney from the start. Their extensive knowledge of nuanced legal interpretations and insights from similar past cases can help develop strategies for favorably resolving your situation.

Cobb Cole’s Business Law team is skilled at exploring all avenues to keep corporate disputes out of the courtroom, helping you avoid costly, time-consuming, and sometimes harmful outcomes. Perhaps most importantly, allowing us to manage every aspect of potential litigation reduces stress and lets you concentrate on running your business. Don’t let business disputes spiral out of control—engaging a business law attorney early on mitigates risks and puts you in the best position for a positive resolution. It’s also the best way to ensure your interests are protected in and outside the courtroom.

Business Law: How to Prepare Your Business for Litigation

In an ideal world, contract disputes, land-use issues, and other legal issues would be solved quickly and amicably. However, once you’ve exhausted all Litigation alternatives like Mediation and alternative dispute resolution, you might find yourself needing to gear up for a courtroom battle. While the good news is that most business disputes never reach the trial stage, collaborating with an attorney specializing in business law ensures you’re ready in the event your case does.

Knowing you’re prepared for litigation is often half the battle in maintaining a confident stance and promoting a more favorable outcome for your legal dispute. Here’s how to do it.

Gather & Preserve Evidence and Records

Maintaining evidence:

  • Substantiates your claims and defenses.
  • Helps build a solid legal strategy.
  • Protects your business from sanctions.
  • Avoids delays or obstruction accusations.

Collect, organize, and maintain all relevant evidence, including contracts, documents, records, emails, and correspondence, dating back to the start of your business relationship. Make copies and back everything up securely. Preserving this paper trail ensures nothing goes missing and strengthens your case if litigation moves forward.

Avoid Unnecessary Communications

Once a dispute arises, limit all non-essential communication with the other party. Avoid saying anything that might weaken your legal position or be construed as an admission of guilt. Any discussion of settling or negotiating terms should be left to your business litigation attorney to handle.

Do Not Admit Fault

Never accept liability or admit fault or negligence, even if you believe you made a mistake. Anything you say could (and will) be used against you in court. Let your attorney guide you on the best way to proceed without saying anything that could jeopardize your defense.

Are You Covered?

Review your business insurance policy or policies to determine if your company has coverage. Some policies help cover attorney fees, court costs, settlements, or judgments awarded. Having sufficient insurance can be critical to protecting your business assets during a lengthy legal battle.

Work With a Qualified Business Law Attorney

It’s never too early to consult with a business litigation lawyer. Their understanding of contracts, employment law, intellectual property, and other areas is invaluable to safeguarding your rights and fortifying your position, helping you:

  • Avoid missteps that could undermine your case.
  • Identify your case’s strengths and weaknesses.
  • Maximize the chances of resolving the matter without a drawn-out court battle.
  • Build the strongest possible arguments for trial.
  • Protecting your business assets from day one.

Keep in mind, too, that the litigation process can be lengthy. Developing a strong, transparent relationship with qualified counsel can provide the support you need as you work toward achieving a positive outcome for your case. As you make your way through investigations, discovery, pleadings, motions, trial, and a possible appeal, remember that all communications with your business law attorney are privileged, meaning the information you share will, in most cases, not be subject to disclosure.

At Cobb Cole, we understand the complexities of business litigation and its potential to disrupt operations and cause financial and reputational harm. For nearly a century, our practiced litigators have helped Florida businesses craft exceptional legal strategies that safeguard their interests and equip them to overcome various legal challenges. Our tailored solutions consider your matter’s legal parameters, your desired goals, and the potential risks and rewards of different approaches and how they might affect your case’s outcome. And when facts or circumstances necessitate a new strategy, our team quickly pivots, adapting to the shifting legal landscape while maximizing opportunities for a favorable resolution.

Contact Cobb Cole today to learn more about what you can do to prepare you and your Florida business for litigation and bring your legal matter to a positive conclusion.

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At Cobb Cole we’ve stacked the deck. Each of our talented attorneys provide uniquely specialized service areas enabling us to offer an expansive variety of essential services to our clients. For each service we offer, multiple attorneys on our team collaborate together so that you get the best service available.

Daytona Beach

Located in One Daytona, across from the Daytona International Speedway our Daytona Beach office is comfortable, safe, and easy to access.


Nestled into the vibrant downtown Deland community, our DeLand office is walking distance from the Volusia County Courthouse. This smaller satellite office is ideally located in DeLand.

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