By: Tom White
Darrell P. White is an accomplished business trial attorney with extensive experience handling complex disputes across diverse industries. Known for his strategic approach and dedication, Mr. White is regularly trusted with high-stakes case. His clients range from multinational corporations and innovative entrepreneurs to major institutions with billions in annual growth.
Mr. White also serves as co-counsel in the prominent case involving Roger Ver. His professional excellence has earned him recognition as a 2024 “SuperLawyer,” a “Best Lawyers” honoree since 2021, and a member of “America’s Top 50 Lawyers.”
Q: Litigation can be a daunting prospect for business owners. Attorney White, in your experience, what is the first thing a business owner should do if they learn they are facing a lawsuit?
Darrell White: The first and most crucial step is not to panic. While litigation is stressful, maintaining a clear and composed mindset is key. Immediately, the business owner should review the lawsuit documents to understand the claims being made and the timeline for responding. It’s also important to contact an experienced attorney as soon as possible. They will guide you through the process and help ensure you meet all deadlines, as failing to respond timely could lead to a default judgment.
Q: What are some common mistakes business owners make when facing litigation?
Darrell White: One of the common mistakes is discussing the lawsuit with employees, clients, or on social media. Anything said publicly or in writing could potentially be used as evidence. Another mistake is trying to handle the matter without legal representation, thinking it will save money. In reality, this can lead to costly missteps. Additionally, some business owners fail to preserve relevant documents or communications, which can create significant issues if the case progresses to discovery.
Q: Speaking of document preservation, what should business owners know about this process?
Darrell White: Preservation of evidence is critical. Once a business owner becomes aware of potential litigation, they have a duty to preserve all relevant documents, emails, and communications. This includes electronic files, text messages, and even handwritten notes. Instituting a legal hold to prevent routine deletion of information is a best practice. Failure to preserve evidence can result in sanctions or adverse rulings during the litigation process.
Q: How can business owners protect themselves from litigation in the first place?
Darrell White: Prevention is always better than cure. Business owners should ensure they have clear and well-drafted contracts for all transactions, including employment agreements, vendor contracts, and partnership agreements. Regularly reviewing and updating these documents with the help of an attorney can help avoid misunderstandings that lead to lawsuits. Additionally, maintaining proper insurance coverage, such as general liability or professional liability insurance, can mitigate financial risks if litigation occurs. Lastly, fostering a culture of transparency and compliance within the organization can help prevent disputes from arising.
Q: What role does communication play during litigation?
Darrell White: Communication is vital but must be handled carefully. Business owners should be honest and forthcoming with their attorney, providing all necessary information and documents promptly. At the same time, any external communication should be managed strategically. All statements, especially those to employees or the media, should align with the advice of your legal counsel to avoid inadvertently harming your case.
Q: How does the litigation process typically unfold for a business owner?
Darrell White: Litigation begins with the filing of a complaint by the plaintiff, followed by service of the lawsuit on the business owner. The defendant then files a response, which could be an answer or a motion to dismiss. If the case moves forward, the discovery phase begins, where both parties exchange information and evidence. This is followed by pre-trial motions, possible settlement discussions, and, if necessary, a trial. It’s a lengthy process, often lasting months or even years, depending on the complexity of the case.
Q: What would you say to a business owner who feels overwhelmed by the prospect of litigation?
Darrell White: I’d remind them that they don’t have to go through it alone. An experienced attorney can shoulder much of the burden, providing guidance and advocating for your best interests. Litigation is challenging, but with the right preparation, strategy, and support, you can navigate it effectively and minimize its impact on your business.
Q: Any final tips for business owners?
Darrell White: Yes, be proactive. Consult an attorney to ensure your business practices are legally sound, and don’t wait until litigation arises to think about legal strategy. By taking preventive measures, you can better protect your business and avoid many common pitfalls. Lastly, remember that litigation doesn’t have to define your business. With resilience and the right legal team, you can overcome it and emerge stronger.
Q: Thank you, Attorney White, for your insights. This has been incredibly informative for our readers.
Darrell White: It’s my pleasure. Thank you for having me.
Disclaimer: The information in this article is for general informational purposes only and does not constitute legal advice. It does not establish an attorney-client relationship. Readers should consult with a qualified attorney for advice tailored to their specific legal matters.
Published by Stephanie M.
