Most people, however, do not take this directive literally, to their detriment. Eliminating documents can be a cause for concern due to two reasons. First, when the documents may be considered relevant by a judge at some point, the judge may sanction the party. Those sanctions can include prohibiting the offending party from introducing key evidence, which can lead to losing the case. Second, the documents that at first blush seem irrelevant might end up being very relevant and deciding an issue.

In a suit, the parties had been doing business together for years. For most of that time, they acted on verbal agreements, and only near the end of their work together did they begin to document things. Eventually, the parties began feuding and got into a lawsuit. One such document was produced by the defendant, which seemingly destroyed the defendant's position; however, the defendant was adamant that the document was a forgery.

Fortunately for the defendant, his team found an e-mail from the plaintiff dated a year after the allegedly forged document. This e-mail made a passing reference to the fact that there were no documents. Based on this short statement in a single, irrelevant e-mail, the defendant was able to uncover evidence proving that the damaging document was forged.

The second step when being sued should also be taken immediately: Cut off communications with the opposing party, and, frankly, anyone about the suit. This can be hard if you have an ongoing relationship with the other side, feel very emotional about being sued, or you just like to talk things through.

Everything changes once a suit begins. Speaking to the other side is a major problem because parties often say things they regret, bargain against themselves, or admit things that are not true simply to make the lawsuit go away.

The third step you should take is to determine if you have insurance coverage for this suit and if you want to use it. If you do, the most common way to do this is to provide a copy of the summons and complaint to your insurance agent or to whoever is specified in your policy. Of course, tendering the defense to your carrier may cause your premiums to rise or could result in the insurer declining to renew your policy. You may not want to use your insurance if the total claim is roughly the amount of your deductible or if it's likely that your insurance won't cover the suit.

The fourth step assumes there is no coverage, or you choose not to tender the defense to your carrier. In that case, you need to retain an attorney quickly. In Minnesota, you only have 20 days to answer the complaint unless an extension is obtained. If you fail to act in time, the plaintiff can get a judgment against you without being required to prove his or her case. Therefore, it is critical to move quickly to find an attorney and submit an answer.

It’s important to have a skilled professional prepare the answer and not attempt it yourself. An answer that is not done correctly can easily result in you losing the lawsuit, even if it is done in a timely fashion, because it is easy to accidentally make an admission you don’t intend or fail to preserve a defense. In addition, a business typically cannot act through the owner when it comes to a lawsuit but must use an attorney.

The fifth and final step is to develop realistic expectations. Lawsuits are strange experiences. They move at a glacial pace for most of the time, and then they move extremely quickly and need immediate action. Right now, the Minnesota courts have a goal of trying to get most cases finished within a year. Based on that, you should expect that your suit will probably take the better part of a year.


Perhaps equally important is to make sure that you use well-drafted contracts. A good contract can limit your risk in litigation, control the costs of the case, and possibly prevent a lawsuit. For example, your contract may mandate mediation before a suit may be filed. This means that you and the other side must attempt to resolve the case with the help of a mediator, and typically with the help of attorneys as well, as a precursor to suit.

Mediation is often very helpful in settling a case. In fact, because mediation is so successful at settling disputes, the courts typically require mediation after the suit has been filed.

Getting sued is not a pleasurable experience and one that I honestly hope none of you ever experiences. Unfortunately, it is sometimes an unavoidable fact of life and business. While the steps above will not guarantee a good result, they will increase your odds of having the case go your way. You can find the most powerful solution on https://upsizemag.com/business-builders/defensive-law