dinnertime, and you are not expecting
any company.
"Are you John Smith?"
"Yes," you respond. The man at the
door hands you a thick stack of papers
he has been holding. You look at the
documents. Summons in a Civil Action.
Behind it: COMPLAINT. You begin to
review the documents, and you finally
realize what has occurred: Someone has
sued both you and your company. What
do you do now, and where do you even
start?
It is important to know that the law
does not give defendants much time to
respond to a complaint. In Georgia state
or superior court, the time to respond
is 30 days. In federal court, the time is
even shorter: 21 days. During this time,
you have to: (1) find and meet with an
attorney, (2) allow the attorney sufficient
time to review all the relevant documents
and learn your case, so he or she can
(3) draft an answer and/or a motion to
clients and potential clients wait days
or even weeks before calling an attorney
after being sued.
That said, if you are sued, here are
seven things to do, and five things not
to do, to help put yourself in the best
position possible to defend the lawsuit.
potential clients do not bother reading
the entire complaint before trying to find
and hire a lawyer. Perhaps you think it's
the lawyer's job to read it and tell you
what's in it. While that's true, reading
the complaint yourself is important: a) so
you can know what wrong things you are
alleged to have done so you can begin
preparing your defense, and b) so you
can determine what type of attorney you
think you need.
networks and ask them to refer you one
area and geographic location you think
you need. Chances are, even if they
don't know someone, they know someone
else who works with or knows an
attorney. Friends, family members and
contacts such as your accountant, your
financial advisor, your friend who owns
a business, or your doctor, can all be
good referral sources. Once you get a few
names, interview at least three attorneys
before hiring one. This should be done
preferably in person, but over the phone
can suffice if distance or time prevent
such a meeting. Speaking with at least
three different attorneys will give you a
good perspective of: a) cost, b) strengths
and weaknesses of your case, and c) the
attorney's style and personality. This
should be done no more than a few days
after you are served with the complaint.
you should gather all documents (e.g.,
emails, contracts, agreements, financial
He handles a wide variety of business and complex litigation in
the areas of business torts, partnership and shareholder disputes,
restrictive covenants (including non-compete, non-solicit and non-
disclosure agreements), contract, intellectual property (including
copyright and trademark protection), corporate governance,
securities, trade secrets and appeals.
1201 West Peachtree Street
One Atlantic Center, Suite 3250
Atlanta, Georgia 30309
Fax: 404.888.9577
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