The Expert Podcast

So you have some type of conflict or dispute with somebody, and it looks like it's heading for a lawsuit, or maybe it's already been filed. Whether you filed as a plaintiff or you've been sued as a defendant, you have a dispute that's going to court. What should you do? What are the first things you need to do when a lawsuit is pending or impending?

First of all, remember we're not attorneys, and we're not giving you legal advice. But we are in the business of investigations. We're a licensed private investigator, a licensed mediator, and we also have licenses in the commercial insurance industry. So, we know a lot about how these conflicts work. We've seen it from both sides. We've also testified as an expert witness in many court cases, so we can see this litigation process happening from the inside and the outside.

The first thing you need to do if you have a conflict that's going to court or trial is to consider getting qualified legal advice. Even if it's a small claims case, it's probably worth spending a few hundred dollars on a consultation with an attorney. They can give you a basic overview. Even if you don't hire them for your case or pay them to represent you, it's valuable to get feedback. An attorney might say, "Watch out for doing this," or "Avoid doing that because here's what could happen." Handling communications with the other party can be tricky. You might inadvertently say or do something that creates more liability for yourself, degrades your rights, or gives the other side an automatic win.

Whether you're in a case or not, it's essential to gather as much information as you can before or during the case. As licensed investigators, we do quite a bit of pre-litigation investigation. For instance, you might want to search for the assets of the other party. If you're suing someone for $50,000, do they actually have the assets to pay you back? Conversely, if they have significant assets, they might use their wealth to fight you out of spite, even if you have a valid case.

Pre-case investigations can also reveal the other party's background. Do they have a criminal record? Have they been involved in similar disputes before? Are they litigation-prone? You can look up prior court cases to find out if they've been accused of fraud or faced other issues. Additionally, research their current activities: Where do they work? Have they changed jobs recently? Are they going through a divorce or foreclosure? These details can provide a comprehensive view of who you're dealing with.

Another critical step is exploring ways to resolve the dispute without going to court. Whether it's called settlement, mediation, arbitration, or negotiation, try to see if there's a way to resolve the matter outside of a courtroom. Even if you want your "day in court" to fight and win, remember that litigation comes with costs. Even small claims cases cost time, court fees, and lost workdays. Many people, even after winning, regret not settling earlier to avoid the stress and expense.

Mediation, for example, involves a neutral third party helping both sides come to an agreement. Unlike direct negotiations, where pride or emotions can get in the way, mediators help dissolve bad feelings and focus on the issues. Mediation is also private, unlike court cases, where evidence and statements become part of the public record. Importantly, mediation outcomes are not binding unless both sides agree, so you have control over your decisions. If mediation fails, you at least gain insight into the other party's stance, which can be helpful if the case proceeds to court.

Lastly, ensure that the activities leading to the litigation are mitigated or paused during the case. If you're being sued for a specific action, stop doing it temporarily until the matter is resolved. Escalating the issue during the case can worsen your position.

When you're involved in a conflict, emotions can cloud logic. The law might not be as favorable to your side as you assume, or the opposing party might make mistakes that work in your favor. By preparing in advance—consulting an attorney, investigating thoroughly, and considering alternative resolutions—you can reduce the risks and increase the likelihood of a positive or beneficial result in litigation.