RULE 1
If you are being sued, it’s too late. Most small businesses put off hiring a lawyer until the sheriff is standing at the door serving them with a summons. Bad mistake. The time to hook up with a good business lawyer is before you are sued. Once you have been served with a summons and complaint, it’s too late–the problem has already occurred, and it’s just a question of how much you will have to pay (in court costs, attorneys’ fees, settlements and other expenses) to get the problem resolved.

RULE 2
America’s judicial system is a lot like a Roach Motel–it’s easy to get into court, but very difficult to get out once you’ve been “trapped.” While nobody likes to deal with attorney, let alone paying attorneys’ fees, the fee a lawyer will charge to keep you out of trouble is only a small fraction of the fee a lawyer will charge to get you out of trouble once it’s happened.

RULE 3
Big firm or small firm? Generally speaking, the larger the law firm, the greater the overhead, therefore the higher the hourly rates you will be expected to pay. If you use a solo practitioner or small firm as your lawyer(s), it’s likely that they will not have all the skills you may need to grow your business. No single lawyer does. So the solo or small firm lawyer will have to refer you out to someone they know and trust to do the job right. On the other hand, while a larger firm may have all the legal skills you need “under one roof,” you don’t know who they are or how good they are. Either way, though, you will have to consult several attorneys over time.

RULE 4
Large firms do have a lot of clout in the local, regional and (perhaps) national legal community. A nasty letter from a law firm with offices in 30 states may be more intimidating than a nasty letter from a solo practitioner. Unless, of course, the solo has a reputation for being a ferocious trial lawyer.

My website (www.BusinessBrawls.com) says a business brawl is a dispute about money. Well, OK. But really a Business Brawl is a business dispute over money where the people involved are unwilling or unable to compromise and work things out. (Even when the dispute is between businesses, there are people involved who are making the decisions.) Frequently the dispute is large enough to threaten the well-being of the businesses. That’s what we do–resolve business disputes any way he have to.

Your lawyer should always give you a piece of paper (or email) telling you the Court you will appear in and its address, the Date and time of your hearing, the time you should be there to meet your lawyer, the Courtroom No., the name of the Judge (if known), the name of the case (usually something like ABC Corp. vs. XYZ LLC), and, if you need them, Directions to get to Court. Bring this paper with you.

You should also bring to the courthouse, a photo ID, the Subpoena (if you have one). Be aware that many Courts have a problem with you bringing a cell phone with a camera into the Courthouse. Some do not have a place to check your cell at the door. You may wish to leave your cell phone in the car. If you do bring your phone into the Courthouse, make sure to turn off the ringer when you enter the building. Judges have been known to confiscate the phones if they go off in the courtroom.

Sooner or later (according to Forbes Magazine) you will need a trial lawyer because a deal will go bad and either you are being sued or you need to sue someone. After all, a contract or other agreement is only as strong as the effort you are willing to exert to enforce it. If people learn that you hate going to court and never go to court, they will take advantage whenever it is in their interest to do so. Your lawyer should know a good trial lawyer with a reputation for ferocity. These tend to be specialists. In fact, that’s what Kaufman Law does: We Do Business Brawls. That’s what this blog is all about. Business Brawls.