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You’ve done everything right. You’ve done your best to create sound contracts, follow best legal practices, and ensure your business complies with all applicable employment and business laws. Yet, here you are — despite your best efforts, you’re facing a legal dispute with a former employee and now need to prove you did everything right.
Even with the most proactive legal protections, legal disputes can still arise. A strong partnership with your lawyer can make all the difference. Here are six things you can do with your legal team to ensure a smoother process — and to position yourself for the best outcome.
1) Take a deep breath
A legal demand or claim is stressful. But it doesn’t mean you’ve done anything wrong. While this might be your first such experience, your legal team has likely navigated hundreds. Take a breath and remind yourself that the legal system exists to evaluate facts, not feelings. Your lawyer is your advocate and will guide you through every step.
Your lawyer’s job is to defend you and ensure your side is effectively communicated in a dispute. Making their job easier makes it easier for them to champion your business.
2) Gather and organize your documentation
Facts win disputes. Work with your attorney to collect all relevant documents — employment agreements, performance reviews, email correspondence, policies, and any records of disciplinary actions. The more organized and thorough you are, the stronger your defense. Even if you’re not in a dispute now, making sure that you have an organized documentation system prepares you for the future. Currently in a dispute? It’s time to lock in and find every file in every nook and cranny.
3) Be upfront and transparent with your lawyer
To represent you well, your attorney needs the full picture. Don’t hold back details, even if you think they’re minor or unflattering. It’s not your attorney’s job to judge, it’s their job to anticipate any obstacle they may face on your behalf. Surprises during the process can undermine your case. When your lawyer knows everything upfront, they can strategize accordingly.
4) Follow your lawyer’s advice on communication
Once a dispute arises, every statement you make — whether to employees, on social media, or in formal responses — can have legal consequences. Your attorney will advise you on how to communicate to protect your interests in ways that are honest and effective without triggering further liability. While it may be uncomfortable, they’re invested in the endgame: your success.
5) Understand the endgame
Not all disputes go to court. Many are resolved through mediation, arbitration, or settlement. Work with your lawyer to understand your options, weigh the risks, and define your priorities, not all of which are financial. Sometimes, the priority is clearing your name, protecting your company’s reputation, or minimizing disruption to your business. A strong legal team knows how to craft a winning strategy. Now is the time to collaborate and think about what your goal really is.
6) Be patient
From the time you become aware of the dispute until the day it’s finally resolved can be a long time: months and sometimes even years. Trying to rush the process won’t necessarily save attorney fees and may worsen the outcome. Dispute resolution is a process with a rhythm that’s unique to the combination of parties, lawyers, claims, and facts. Tempering your expectations about the time it will take to reach a resolution will go a long way to actually making the process and ultimate resolution more acceptable. Good things come to those who wait.
Facing a dispute and unsure of your next step?
First things first: Remember to breathe. Next? Contact us, and we’ll do steps two to six together.