If you find yourself being sued by Stephen M. Gaffigan, P.A. (SMGPA), particularly in a Schedule A case, which typically involves intellectual property issues, there are steps you might consider to handle the situation effectively.
But first, if you receive a demand letter or find out that you have been sued by the lawyers at SMGPA (also sometimes referred to as SMG), then feel free to contact us. We keep all communications confidential and make a sincere effort to respond as quickly as possible.
Back to the steps that you should consider:
1. Immediate Legal Consultation:
Seek Legal Representation: As soon as you receive the summons, it’s crucial to consult with a lawyer and law firm, such as Heitner Legal, that specializes in intellectual property (including copyright law and trademark law) or the specific area of law related to your case. This is important because Intellectual Property Litigation can be complex. Understanding the nuances of the case, especially if it involves trademarks or other IP rights, requires expertise.
2. Prepare Your Defense:
Gather Documentation: Collect all relevant documents, emails, contracts, and correspondence that relate to the case. This includes records of any interactions that might support your defense or show compliance with contractual terms.
Do Not Destroy Evidence: It’s vital not to destroy any documents or evidence, even if they might not seem favorable to your case. This could lead to serious legal repercussions for tampering with evidence.
3. Cease Communication with the Plaintiff:
Avoid Direct Contact: Once legal proceedings begin, all communication with the plaintiff should go through your attorney. Direct communication can be used against you in court.
4. Respond to the Lawsuit Promptly:
Answer the Complaint: You have a limited time to respond to the lawsuit, usually within 20 days in many jurisdictions. Failing to respond can result in a default judgment against you. Your attorney can help draft an answer to the complaint or even file motions if there’s a reason to challenge the lawsuit’s validity. A seasoned litigator in this space will be able to effectively pursue applicable affirmative defenses such as fair use.
5. Consider Mediation or Arbitration:
Alternative Dispute Resolution: Before going to court, explore options like mediation or binding arbitration, which can be less costly and less adversarial. These methods focus on negotiation and could lead to a faster resolution. You do not need to conduct a formal mediation to explore resolution; a seasoned litigator in this space should be able to open the door to confidential settlement communications to dispose of the case as quickly as possible.
6. Evaluate Insurance Coverage:
Notify Insurance: If the lawsuit could potentially be covered under any insurance policies (like business liability insurance), notify your insurer. They might cover some of the costs, depending on the policy terms.
7. Prepare for Potential Outcomes:
Settlement: Discuss with your attorney the likelihood of settling the case. Sometimes, settling out of court can save time and money, and preserve business relationships. However, ensure any settlement is in your best interest.
Trial: If the case goes to trial, be prepared for a lengthy process. Your attorney will guide you through the preparation of witnesses, evidence, and your testimony if required.
8. Post-Lawsuit Actions:
Review Business Practices: After resolving the lawsuit, review how it occurred. Adjust business practices, legal contracts, or operational procedures to prevent similar issues in the future.
9. Maintain Professionalism:
Throughout the process, maintain a professional demeanor. Legal battles, especially in business contexts, can have lasting impacts beyond the courtroom.
Remember, handling a lawsuit effectively requires careful preparation, adherence to legal advice, and proactive engagement with the legal process. Each case has unique elements, so this guidance should be tailored based on specific circumstances with the help of your legal counsel.