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Preparing for Business Litigation

The Heritage Law Group Aug. 23, 2023

Business litigation is among the possible options to resolve disputes between two or more parties or entities involved in a commercial transaction. It involves calling upon a private judge to help resolve the business dispute through the court system. In commercial litigation, a hearing will be scheduled where the disputing parties will be allowed to argue their case and present supporting evidence. As a result, preparing adequately for business litigation is imperative to improve your chances of a favorable outcome. 

At The Heritage Law Group, we’re dedicated to offering skilled representation and knowledgeable guidance to clients in their business lawsuits. Our seasoned California business law attorneys can enlighten you about the business litigation process and provide you with some insightful tips to help you prepare. We’re proud to serve clients throughout San Jose, California, Houston, Texas, and across Northern and Southern California, as well as Montgomery County and Fort Bend County, Texas. 

The Litigation Process

Business litigation is a civil lawsuit filed in court to settle a dispute between two or more business entities, individuals, or companies involved in a commercial transaction or business relationship. Here are the steps involved in typical business litigation: 

Pre-Suit Investigation and Strategy 

Before you file a business lawsuit, your attorney must thoroughly investigate your case, gather evidence, and identify the strengths and merits of your case. With this, your lawyer can help outline an effective strategy to proceed with your case. 

Filing a Lawsuit 

The business litigation process commences once you file a lawsuit in court. Essentially, you will file the complaint in the county court where the commercial transaction or business dispute that resulted in the litigation occurred. In your complaint, you must clearly state the facts of the issue, dispute, or accusations that brought about the suit. 

Serving a Lawsuit 

Once you file the business lawsuit, you will serve a copy of the Summons and Complaint to the other party or parties (defendant). The purpose of the summons is to notify the defendant about the lawsuit against them and that they must file a response within the required time. 

Answering a Lawsuit 

The defendant will have 30 days after getting served to file a response or answer with the court. Any failure to respond to the Summons and Complaint may result in a default judgment in the plaintiff’s favor. 


During discovery, you can learn more about the other party’s case. In addition, you can exchange evidence, request documentation, seek disclosures, request admissions, conduct interrogatories, and take depositions. Through discovery, you can obtain the needed information about your case from the other party and also negotiate a settlement. 


If you don’t resolve the case then proceed to trial, a judge or jury will hear your case. During the trial, both sides will argue their case and provide evidence, witnesses, and facts to support their position. The judge will review the available evidence and make a decision. 

Post-Trial and Appeal 

After a judgment has been entered, if you’re not satisfied with the decision of the judge or jury, you may be able to file a motion for a new trial or file an appeal. However, ensure that you file the appeal before the deadline. 

A knowledgeable California business litigation attorney can prepare you diligently for trial and represent you meticulously at every stage of the legal process. 

Steps to Take to Prepare for Litigation

Here are some insightful steps to take when preparing for business litigation: 

  • Get a business insurance policy. 

  • Hire a reliable lawyer to help investigate, file your petition, and represent your business. 

  • Reduce direct communications with the defendant. All interactions must go through your lawyer. 

  • Collect and document available evidence, including business transactions, contracts, and other records. 

  • Develop a solid strategy and stay organized. 

  • Understand client-attorney privileges with respect to a third party. 

  • Avoid manufacturing evidence against yourself or taking any action which might impact the outcome of your case adversely. 

  • Keep operating your business as you normally would even while your case is ongoing. 

  • Consider other alternative dispute resolution options apart from litigation. 

A trusted attorney can investigate your case, craft a strategic plan to manage your case, and help you mitigate or avoid potential pitfalls. 

We Stand by Our Clients

Business litigation often involves several complex legal procedures. Getting experienced guidance and representation is imperative to achieve a seamless and hassle-free resolution. At The Heritage Law Group, we’re poised and ready to support and represent clients in their commercial lawsuits. Our reliable legal team will work to understand all of the facts of your case, represent you intelligently during the legal process, and help you achieve the best available outcome. 

We’re proud to serve clients throughout San Jose, California, Houston, Texas, and across Northern and Southern California, as well as Montgomery County and Fort Bend County, Texas.