Business Owner’s Guide to Lawsuit Readiness

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger of Offit Kurman explain what to do if you’re served with a complaint or lawsuit. They emphasize staying calm and recognizing that litigation can be a normal part of running a business, then promptly contacting legal counsel to understand what the complaint alleges and what options you have. They warn against pasting the complaint into AI tools like ChatGPT because those communications are not privileged and could become discoverable in litigation. They also stress the importance of confidentiality and attorney-client privilege, responding within required deadlines, and avoiding emotional reactions to one-sided allegations in a complaint so you can take a tactical, objective approach to the case.

00:00 Served with a Lawsuit

00:54 Take a Deep Breath

01:43 Avoid Chatbots and AI

02:27 Call Your Lawyer Fast

02:49 Privilege and Deadlines

03:43 Don’t Respond in Anger

04:37 Wrap Up and Next Time