Just wanted to share and prepare us for court battles. 28 Rules of Business Litigation: 1. Choose your Battles: No one should sue over every wrong. 2. Choose the Venue 3. Be the Plaintiff: if you can’t be the Plaintiff, act like one—be the person getting ready for trial not being afraid of trial 4. Have the Best Representation 5. Listen to Your heart 6. Don't listen to your sick stomach when you're out of your comfort zone. 7. Don't listen to friends, relatives, et al 8. Listen to experienced litigants – like me! 9. Generally speaking, don't worry about the cost (THIS IS VERY HARD!). Just be sure you’re getting “bang for your buck†and not a lot of internal memos. 10. Big lawsuits are better than small ones 11. Elect jury trials, as opposed to a judge only: don’t be afraid to trust your fellow citizens. 12. Preparation(yours) is key – KNOW THE FACTS 13. Practice depositions and trials 14. If you are thinking of a better strategy, get a new lawyer (not true in my case) 15. NEVER GIVE UP 16. Don't be intimidated by the process 17. Use mock trials (pretend trials you do in front of a hired jury) 18. Dress simple and conservatively in court – no jewelry except a wedding band, white shirt, plain tie and dark suit for men and the equivalent for women; short groomed hair for men. Everyone should show the proper respect for the judge and jury. 19. Don't lose your temper in court – it's okay to cry if it's for real. 20. Have your spouse in the front row every day. Children also if possible. Other family members in second row is okay. Your family needs to know what you’re going through. And there is nothing wrong with showing that you are a respected member of the community. 21. No quotes to the press other than "We believe in our case and that is why we went to court". Your words can easily be distorted by a reporter in a hurry. 22. When you break for lunch or recess, remember never talk in public about the case – you never know who might overhear. 23. When you find a legal team that wins, STAY WITH THEM 24. ALWAYS TELL THE TRUTH, No matter what. The truth will set you free! 25. During videotaped depositions and in court, look at the camera. In court, look at the jury. Make eye contact. 26. When testifying in a deposition or trial, if you don't know the answer, say you don't know the answer. Don’t guess. 27. Keep in touch with your lawyers: ask them what’s going on each month at least. Don’t abandon your case to them and be sure you understand what they are doing. 28. Don’t allow lawyers to shift in and out of the case: you want one team that learns, not new lawyers constantly coming “up to speed.†full article at http://www.danpena.com/28-rules-of-business-litigation/
There are a few points I would quibble with, but that is a good list. I would particularly emphasize point #1. As corollaries to #1, I would add: A. Assess every alternative to resolving a dispute before you decide to sue. B. Weigh ALL of the costs of a lawsuit before you make your decision - not just attorney fees, court costs and expert witnesses, but also the personal time required from you, the toll that the litigation will take on your business, potential counterclaims that the defendant may successfully bring, etc... C. If you decide to sue, aggressively pursue settlement opportunities. A settlement that brings you three quarters of the way to your goal may be better than a total victory at trial. That last 25% can be very costly to achieve. A full-blown trial may make sense in an all-or-nothing duel, but it may be a different matter if it is only to pick up the portion that would not have been covered by a proffered settlement.