Part 2: How to Help Your Business Litigation Lawyer Before the Lawsuit Is Filed or Answered
Once you’ve had your first meeting with your lawyer, the next key stage comes quickly: deciding how to proceed once a lawsuit is either about to be filed — or has already landed on your desk.
This stage sets the tone for the rest of the case. The decisions made at this time can shape your strategy, timeline, and even the ultimate cost of litigation.
The good news? You can play an active role in helping your lawyer move efficiently and strategically through it.
1. Finalize and Organize the Core Evidence
By this point, your lawyer should already have your key documents. Now’s the time to make sure the record is complete.
Ask yourself:
Have I provided all versions of the key contracts?
Are there emails or texts that fill in important gaps?
Do I have clear documentation of payments, invoices, or communications about performance issues?
Completeness matters. A single missing document can change the analysis — or the leverage — in this early stage. Organizing your materials now saves time later when discovery begins in full force.
2. Tighten and Update Your Timeline
Your timeline becomes even more critical once the lawsuit is being drafted or answered. It’s not just background information anymore — it’s the outline that helps your lawyer frame the facts accurately and anticipate the other side’s claims.
If your timeline has grown since your first meeting, take a few minutes to update it. Add new dates, fill in missing details, and connect events to specific documents where possible.
A well-structured timeline lets your lawyer spot inconsistencies, highlight key facts, and keep your story clear from start to finish.
3. Clarify Your Priorities
Litigation often involves choices. Not every issue is worth the same amount of time or expense.
Before the lawsuit is filed or answered, have an honest discussion with your lawyer about your priorities:
Is there a business relationship you want to preserve?
Are you most focused on recovering money?
Is protecting your reputation or future business more important than a win on paper?
Knowing what truly matters helps your lawyer tailor the tone of the filings — firm where necessary, but not wasteful or unnecessarily aggressive.
4. Respond Promptly and Stay Engaged
This phase often moves fast. Deadlines for drafting, filing, or responding are tight. The more quickly you review drafts, answer questions, and return calls, the more efficiently your lawyer can work.
Even short delays in communication can create unnecessary stress, lost opportunities, or extra expense. Treat this stage like a sprint before the marathon begins.
5. Don’t Add Fuel to the Fire
It can be tempting to reach out directly to the other side or respond to something inflammatory. Don’t. From this point forward, let your lawyer handle all communications.
Anything you say — in an email, text, or phone call — can find its way into the case. Maintaining professionalism and letting your counsel control the messaging helps protect your position and avoid escalation.
Setting this Stage
This is the point where your case begins to take real shape. The more organized, focused, and responsive you are, the smoother this stage will be — and the stronger your position as litigation moves forward.
In Part 3, we’ll talk about how to help your lawyer before the mediation — when strategy, preparation, and presentation all come together to put your case in the best position for resolution.
Ready to Take the Next Step?
If your business is heading toward litigation — or you’ve just been served — now is the time to get organized. A clear timeline, complete documentation, and defined goals will help your lawyer protect your interests from day one.
Call our office today to schedule a consultation and start building your strategy with clarity and confidence.