What is the first thing a company should do if threatened by a potentially devastating lawsuit?

Minneapolis attorney Scott Benson of Briol & Associates explains what a company should do first when facing a lawsuit.

Contact Scott Benson

Email: [email protected]

Phone: (612) 756-7777


The first thing I think a company should do if they’re facing a potentially high risk bet-the-company type litigation is approach an attorney who has the experience in this area to be able to guide them through it. It’s important to do that as soon as possible. People need to start gathering the evidence that they’re going to need to win this case, and to do so isn’t always easy in today’s environment. It used to be that you had file cabinets where you could turn and have those documents copied and use them to proceed with your case. But, nowadays, so much of the evidence is electronic in nature, and it’s dispersed throughout the company or throughout the firm that is having to face this type of litigation.

And so being able to corral all of that electronic evidence and cull through it is an important step to take to organize the case, and to do that as soon as possible and preserved that evidence is very important in those cases. It’s also important to have a strategy as to how to approach discovery and how to approach document gathering and how to approach getting information out of your opponent in those cases. Rather than go through a scattershot approach, it’s good to know that your attorney has a strategy of how to proceed through that case, and it’s important to develop that strategy as early as possible in the case.