How to Respond to Threats of Continuing Lawsuit
1. Stay Calm and Alert
Your immediate instinct might be the emotional reaction when confronted by threats of litigation. Compose yourself, however. Emotional reactions will heighten the situation and may even be used against you should the matter go legal. Calm down, step back, and objectively view the situation. Being composed will also give you more control over the conversation and allow you to demonstrate that you are not intimidated.
Document all communications when a threat for legal action occurs. Save e-mails, text messages, or any other written correspondence. If it happens over the phone or person-to-person, take copious notes of what was said, who said it, and when it happened. Keeping records of such will help in the development of a clear timeline and context if things escalate.
Recognize that you may want to feel defensive or fearful, but listen for what the other person is saying without interrupting or responding in a negative manner. Doing so not only enhances the process of getting information but will also demonstrate to people that you are serious in taking their concerns. Many times, listening to people's views can diffuse the situation and lead to an open way of resolution.
Never apologize for anything when the lawsuit threats come out. Some persons say ridiculous things like "I am sorry you feel that way," or "I did not know that's what happened," which could be a statement about which a court and jury would find them in a mistaken admission.
If the person intending to sue sends you notice of intention in writing, be professional with him or her. Brief, courteous is your language and not a single tone of emotion. Be clear that you should not engage in debates or even to argue your version with them. This would only inflame heated rhetoric.
Example response: "Thank you for raising this to my attention. I shall assure proper review of the issue keeping in mind all your concerns. Please be assured that I'll see the thing through accordingly after discussing it with concerned parties."
If the threats persist or escalates, it would be prudent to seek counsel from a lawyer. The lawyer can review the facts and apprise you of the law applicable to your situation. They may advise you based on knowledge of your rights, evaluate the merits of the threats against you, and direct the course of action that you should take next. You want to consult an attorney for an additional reason: any subsequent reactions or actions that you will undertake should first be preceded by advice given by a licensed attorney.
Not every threat of a lawsuit is valid. While some may actually have the potential for getting a lawyer to sue, others simply use these threats to intimidate or pressure you to do something. An attorney who knows his stuff can better help you figure out the legitimacy of the threats so that you can decide what's appropriate to do next.
If it can and should be settled out of court, agree to amicably settle the dispute. This can be through proposing a meeting with a view of attempting to solve the problem or offering mediation. An amicable settlement saves both parties time, stress, and cost. The maturity displayed by willingness to understand each other's positions makes the plaintiff abandon his suit altogether.
It's always important to know your rights if you suspect a lawsuit will come your way. Due to the differences in laws in each region, what may be valid in one area may not be in another. If it's a breach of contract, defamation, or any of these legal matters that are posing a problem for you, knowledge is power that will make you empowered to make smart decisions.
Most of the threats never result in actual lawsuits, but one always wants to be ready for just such an event. You would want to discuss strategy with your attorney and assemble all supporting documentation for your defense. Preparation will mean you are not caught flatfooted if the matter carries out.
A threat of litigation is something no one looks forward to; however, with thoughtful responses and proper counseling, you're going to successfully come out of it. Remember to stay calm, create documentation records, avoid unnecessary admissions, and consult the legal services when required. The approach makes things easier for you so that you can confidently handle the situation and prevent it from interrupting your life or career.
The only way to approach this is to be patient, vigilant, and professional. Lawsuits are quite serious, but to be prepared and educated would have you ready for anything that may come your way.
2. Record Everything
Document all communications when a threat for legal action occurs. Save e-mails, text messages, or any other written correspondence. If it happens over the phone or person-to-person, take copious notes of what was said, who said it, and when it happened. Keeping records of such will help in the development of a clear timeline and context if things escalate.
3. Listen Without Replying
Recognize that you may want to feel defensive or fearful, but listen for what the other person is saying without interrupting or responding in a negative manner. Doing so not only enhances the process of getting information but will also demonstrate to people that you are serious in taking their concerns. Many times, listening to people's views can diffuse the situation and lead to an open way of resolution.
4. Do Not Admit Guilt
Never apologize for anything when the lawsuit threats come out. Some persons say ridiculous things like "I am sorry you feel that way," or "I did not know that's what happened," which could be a statement about which a court and jury would find them in a mistaken admission.
5. Be Professional
If the person intending to sue sends you notice of intention in writing, be professional with him or her. Brief, courteous is your language and not a single tone of emotion. Be clear that you should not engage in debates or even to argue your version with them. This would only inflame heated rhetoric.
Example response: "Thank you for raising this to my attention. I shall assure proper review of the issue keeping in mind all your concerns. Please be assured that I'll see the thing through accordingly after discussing it with concerned parties."
6. Consult Lawyers
If the threats persist or escalates, it would be prudent to seek counsel from a lawyer. The lawyer can review the facts and apprise you of the law applicable to your situation. They may advise you based on knowledge of your rights, evaluate the merits of the threats against you, and direct the course of action that you should take next. You want to consult an attorney for an additional reason: any subsequent reactions or actions that you will undertake should first be preceded by advice given by a licensed attorney.
7. Determine the Seriousness of the Threat
Not every threat of a lawsuit is valid. While some may actually have the potential for getting a lawyer to sue, others simply use these threats to intimidate or pressure you to do something. An attorney who knows his stuff can better help you figure out the legitimacy of the threats so that you can decide what's appropriate to do next.
8. Provide a Way Out
If it can and should be settled out of court, agree to amicably settle the dispute. This can be through proposing a meeting with a view of attempting to solve the problem or offering mediation. An amicable settlement saves both parties time, stress, and cost. The maturity displayed by willingness to understand each other's positions makes the plaintiff abandon his suit altogether.
9. Know Your Rights
It's always important to know your rights if you suspect a lawsuit will come your way. Due to the differences in laws in each region, what may be valid in one area may not be in another. If it's a breach of contract, defamation, or any of these legal matters that are posing a problem for you, knowledge is power that will make you empowered to make smart decisions.
10. Be Prepared for the Worst Case
Most of the threats never result in actual lawsuits, but one always wants to be ready for just such an event. You would want to discuss strategy with your attorney and assemble all supporting documentation for your defense. Preparation will mean you are not caught flatfooted if the matter carries out.
Operating with Persistent Threats
This may mean you must keep professional boundaries in place, especially if they continue to threaten litigation over time and your efforts to solve the matter do not dissuade them. You will likely want to limit contact or seek a mediator who can help iron things out. And when they move into outright harassment and abuse, the appropriateness of seeking protections afforded by law - perhaps in the form of a cease-and-desist letter - becomes quite clear.Conclusion
A threat of litigation is something no one looks forward to; however, with thoughtful responses and proper counseling, you're going to successfully come out of it. Remember to stay calm, create documentation records, avoid unnecessary admissions, and consult the legal services when required. The approach makes things easier for you so that you can confidently handle the situation and prevent it from interrupting your life or career.
The only way to approach this is to be patient, vigilant, and professional. Lawsuits are quite serious, but to be prepared and educated would have you ready for anything that may come your way.
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