The Biggest Business Litigation Mistakes... And How to Avoid Them

From the time you start thinking about filing a lawsuit to the time it's resolved, there are many seemingly small things that you can do -- either unintentionally or because you feel justified -- that can lead to a big loss in court.

There can be a lot of drama and emotion in a lawsuit. But in the end, it's not the injured party's emotions that will win the day. In fact, they might LOSE the day. They often do!

You may feel anger, and believe that you're right and that the law is on your side. And you may in fact BE right. But there are several mistakes that can trip you up along the way. Here are the top nine:

1. Not hiring the right attorney ... or any attorney. A skilled attorney knows how to deal with the wide variety of issues which will come up once your case is filed: procedures, timing, evidence, documentation, and the courtroom itself. While business owners each develop a sense of right and wrong based upon personal values, attorneys know the law and how it works. Don't get in over your head; get the right lawyer to represent you.

2. Going into court underprepared. Although you know best the facts and issues of your case, in litigation you have to prove it to others: the judge and (if applicable) the jury. Every part of your case must be prepared thoroughly.

3. Displaying poor decorum in the courtroom. Assume that the judge and jury will be watching every move you make in their presence. Although the nature of litigation is to present opposing viewpoints, a courtroom is not the place for anger or disrespectful behavior toward anyone involved, including your opponent and even the courthouse janitor. Stay professional and check your emotions at the door when you arrive.

4. Not following the court rules. Every court has its own unique rules and procedures, which you must know and follow. If you don't, you will severely compromise your case. Ask the court clerk to point you to the rules, which are now almost always posted online for the public to review.

5. Blowing deadlines. Each court has deadlines for certain tasks. If they're missed, it could result in eliminating vital evidence, losing an important witness, or blowing your case entirely. Make sure that you follow all timelines and deadlines.

6. Failing to thoroughly investigate evidence and prepare witnesses. Do you know for certain that your evidence and witnesses will be admissible in court? They're the keys to proving your case. Make sure that you thoroughly familiarize yourself with the people who will give testimony in court and at depositions in order to avoid surprises. And make sure they'll be available to testify on your behalf.

7. Proving your opponent's liability but not damages. You must demonstrate and prove everything in your case, including quantifiable actual damages.

8. Discounting the other side's case. Your opponent will have a different version of the story, which you need to anticipate and be ready to counter and dissipate. You are not ready for court until you have prepared your responses as completely as you've prepared your own case.

9. Telling a weak, confusing, or less-than-credible story. This is especially important if there are technical issues. The judge and/or jury must be able to understand them in lay terms. Explain the chronology and close any gaps in your evidence (both with your lawyer and when giving testimony). Your goal is to convince the judge and/or jury to believe your side and rule in your favor.

A good litigation attorney will be thoroughly familiar with these "landmines" and help you to prepare a winning case.

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