Getting sued is usually the last thing that small- to medium-sized business owners want to deal with. However, it happens, and you need to know what to do. Here are a few quick tips on what to do when your business gets sued.

1) Don’t Ignore It

It is human nature to want to avoid things that are difficult and hard to understand. For most business owners, a lawsuit is both of those things. However, ignoring a lawsuit is similar to allowing a wound to get infected. Ignoring the issue does not help. The first thing that a business owner should do is look at the lawsuit and figure out who is suing them and what they are suing them for. Just because you have been sued, that does not mean that you have done something wrong. It just means that you are in business!

2) Review Any Underlying Facts/Issues

After you review the complaint and allegations made by the plaintiff, it is a good time to collect evidence that contradicts the accusations made against you. This is a good strategy because it can start to make you feel in control of the situation. Plus, it will prepare you for the next step.

3) Look for a Competent Business Attorney

After you have taken a moment to review the lawsuit filed against you, it is important to find a competent business attorney who you can trust. Finding the right attorney can be confusing, especially if you do not already have a relationship with a business attorney. Looking through attorneys’ bios on their websites, along with their online reviews, will give you an idea of what the attorney focuses its practice on and how other people have felt about the services.

It can also be good to ask other attorneys that you may know (even if they do something in a completely different practice area) which attorney they would suggest. We handle almost every aspect of business litigation and have stellar client reviews because we take pride in doing our best for our clients. We would love to be your trusted business attorney.

4) Be Prepared to Fight

Oftentimes, people think that there is a simple answer to resolving a lawsuit: the other side realizing that they are wrong. On rare occasions, that is true. However, most of the time, a person or business sued you because they believe you did something wrong. They are not going to simply walk away because you have told them that they are wrong. This is where the strategy of litigation comes into play.

A good business attorney will outline multiple options in how you could move forward with the litigation and then give a recommendation on the strategy that they suggest. This ability to strategize and execute on strategies is what separates business attorneys the most. That is why our clients speak so highly of the services that we provide.

5) Take The Opportunity To Grow

Adversity brings growth. Sometimes adversity is forced on us when we have the least amount of time or patience, but it does not change the facts. My experience with most business owners who get sued is that they hate the experience while they are in it, but they use that experience as an invaluable piece of how they operate moving forward. I cannot tell you how many times during and after a lawsuit, businesses realize that they either have no contracts or inadequate contracts to protect them from liability.

This creates an opportunity for us to provide the correct contracts (employment and business) so that these issues do not pop up again. For example, one business I represent was sued by a customer for an injury from one of its services. A simple notice and disclaimer in the contract would have completely eradicated the issue. Without it, the business was left on the hook for damages.

Contact Counxel Legal Firm

We would love to help you understand how we can help you if your business gets sued! Contact a member of Counxel Legal Firm at the number 480-536-6122 or at to set up a time to meet to go over your legal questions. 

This article is intended for informational purposes only and does not constitute legal advice for your specific situation. Use of and access to this article does not create an attorney-client relationship between you and Counxel Legal Firm. Please contact or 480-536-6122 to request specific information for your situation.

*Conveniently located off the 101 Freeway and the US 60 in the middle of Phoenix, Scottsdale, Tempe, Chandler, Gilbert, Mesa, and Queen Creek!