Anytime there is either a criminal or civil allegation raised against an individual or a company, the possibility exists that it will go to trial before a judge and jury. Also in play of plea deals and settlements, which will do away with this process. As a business leader, your organization may be involved in legal proceedings, either as the accused or the entity doing the accusing. It’s important to understand when going to trial is a possibility and when and how you can avoid this.

Financial Matters

It’s no secret that a long, drawn-out court case can be finally taxing. Even if you operate a viable business, the process of working with a team of lawyers, building a case, gathering evidence, finding witnesses and doing everything else related to the proceedings can be expensive. If you’re the plaintiff in the case, you may much rather find a way to get an attractive out-of-court settlement than spend weeks in the courtroom. Even if it turns out that you get the money you’re looking for, the expenses and stress associated with the trial could outweigh the benefits.

What Are Your Goals?

If your business is suing another party, you need to ask yourself what you hope to accomplish in doing this. Taking your case to court can place a heavy burden on everyone involved. It brings a lot of stress, emotional weights and grief upon both you and the defendant. Will this process be worth it for you? Consider how this will affect your business going forward. If you believe this will lead to positive results and that you will get the outcome you’re looking for, going to trial might be right for you and your company. If you’re unsure, consult your attorney and consider whether an out-of-court settlement could be more effective.

What Is the Other Party’s Attitude?

There are two sides to every coin and two sides in every civil or criminal case. You may be willing to settle out of court, but if the other company or person is digging in their heels and insisting on a trial, you may be at an impasse. Even if the attorney of the other party thinks a settlement is the right move, if the client refuses, a trial may be the only choice.

Thought a court case can be long and unpleasant, it may be the only choice you have. Look at your situation and what’s best for your organization. Also, rely on the knowledge of your business lawyer, like a business dispute lawyer in Charlottesville, VA, for guidance.


Contact Dale Jensen PLC for more insight into business law.


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