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Deciding Whether to Sue
Many business disputes end up in litigation, but many others do not go to court. The decision of whether to bring a lawsuit in a particular case is both a legal and business decision. An experienced commercial litigation attorney will guide you through the process of making this important decision, and help you to reach a decision that best fits your needs.
The Amount of Money Involved
Many business disputes involve fairly small amounts of money. When you consider the time and expense involved, you may not feel it is worth pursuing the case.
Unless your contract or a particular statute applicable to your case says otherwise, you will be responsible for your own legal fees involved in pursuing a claim. Even a relatively uncomplicated lawsuit can turn quickly into an expensive undertaking. You may find yourself spending more money on attorneys fees and costs than you would recover if you win the case.
There may be reasons for pursuing a matter other than the money you might realize at the end. The case may involve an unresolved question of law that is important to your business, or you may want to show the business community that you will react strongly when another company or individual has harmed your business. The decision as to whether you should engage in this type of litigation is as much a business decision as a legal one.
The Parties Involved
The circumstances of the party you would be suing also will have a bearing on your decision whether to sue. You may be reluctant to sue a customer or supplier who has otherwise proven reliable for fear that litigation would poison your future relationship. However strong your legal position, you may not wish to press the point too aggressively—especially if the other party's goodwill is crucial to the continued success or operation of your business.
Before bringing a lawsuit, you should try to learn whether the party you contemplate suing has the means to pay any judgment entered against him or her. In other words, it is one thing to hold someone liable for something. It is another thing to collect the money, even with a judgment. You may not want to go through the time and trouble of litigation if there is nothing to collect at the end of it all. In such a case, it may be in your best interests to settle your claim quickly.
Conclusion
The decision of whether to bring a lawsuit in a particular case is one that deserves careful consideration. An experienced commercial litigation attorney can advise you on your options, and help you make a decision that meets both your legal and your business needs.
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