Do I Really Need a Lawyer, or Can I Handle This Lawsuit Myself?

Being served with a lawsuit is among the most stressful and disruptive events a small or midsize business (SMB) can face. Legal disputes often arise with little warning and immediate consequences. It may be tempting to try to handle the matter yourself.  However, business litigation is not something most business owners can—or should—navigate without professional legal assistance.

While attempting to “do-it-yourself” may appear to save money in the short term, the long-term consequences can be far more expensive. From missed deadlines to procedural missteps, even minor errors can derail your defense. This article outlines why retaining a business litigation attorney is a strategic necessity—not a luxury—for SMBs in Florida.

The Risks of Going It Alone

The rise of DIY legal tools and templates has made it easier than ever to attempt legal work without professional help. However, litigation is governed by strict rules, tight deadlines, and procedural requirements that are rarely intuitive. A business owner acting without counsel is more likely to make costly mistakes simply by misunderstanding how the process works.

One of the most serious risks is missing the deadline to respond to a lawsuit. In Florida, a defendant generally has 20 days from the date of service to file a formal response with the court. On day 21, the opposing party may request that the court enter a default, which can prevent the defendant from participating in the case—regardless of whether a valid defense exists. 

If you discover that a default judgment has been entered against your business, it may still be possible to have it set aside. However, Florida courts require that you show three things: excusable neglect, a meritorious defense, and that you acted promptly once the default was discovered. Courts demand detailed, sworn affidavits. Vague excuses are not sufficient. Delays or informal responses often foreclose the opportunity to undo the damage. Our article, You’re Being Sued – And Didn’t Know It, delves into the details of how to address defaults. 

Litigation Is About Strategy—Not Just Filing Paperwork

Responding to a lawsuit is not just a matter of answering allegations. It requires a strategic defense that aligns with your business objectives, protects your reputation, and mitigates long-term financial, operational and reputational risks. A skilled litigation attorney will evaluate the broader implications of the claim, analyze the legal and factual strengths and weaknesses, and determine the most effective course of action.

Business owners without legal training may miss opportunities to assert counterclaims, challenge the credibility of the opposing party’s evidence, or negotiate favorable settlements. They may also make unintentional admissions or fail to preserve important legal defenses. A qualified attorney ensures that each decision made during the litigation process is both legally sound and strategic.

Why Due Diligence Matters

One of the most effective defenses is a clear record of due diligence. If your business is accused of breaching a contract, for example, it is critical to show that you adhered to the terms of the agreement. You must be able to prove that your business acted properly. An experienced business litigation attorney understands how to gather, organize, and present this evidence effectively in court. They can also help identify whether additional documentation or witness testimony is needed to support your claims.

Common Types of Business Litigation Cases

Business litigation includes disputes that often arise in various industries. These include breach of contract claims, where parties argue over whether agreed-upon obligations were fulfilled; shareholder disputes, particularly when minority owners feel squeezed or excluded; intellectual property infringement, involving unauthorized use of technology, trademarks, or creative content; and fraud claims, which allege intentional deception. Other frequent cases revolve around unfair business practices, non-compete violations, misrepresentation in transactions, and commercial lease disagreements. Understanding the nature of these claims is essential to developing a strong legal strategy and avoiding future disputes.  

In one of our lunch and learn presentations, we explored the key elements of common business litigation claims, including debt collection, equitable remedies, consumer actions, and contract disputes. The session also highlighted proven strategies we have successfully employed on behalf of our clients, along with sample complaints illustrating each type of claim. Click here to access the full presentation.

What a Business Litigation Attorney Actually Does

The role of a litigation attorney is extensive and essential to protecting your business. First, your attorney will review the lawsuit, assess the risks, and help you understand the potential consequences. From there, they will develop a defense strategy tailored to your specific situation.

The attorney will manage all procedural aspects of the case, ensuring that pleadings are correctly drafted, deadlines are met, and court requirements are followed. They will gather and analyze relevant evidence, interview witnesses, and retain expert testimony if necessary. In addition, your attorney will handle all settlement discussions, drawing on both legal experience and business acumen to negotiate terms that serve your best interests.

If the case proceeds to trial, your attorney will represent you in court, presenting your case clearly and persuasively. Even if the case is resolved before trial, the early involvement of a qualified attorney often leads to more favorable outcomes and helps safeguard your business.

Act Quickly—Delay Can Be Costly

Whether you have just been served or have learned that a default has already been entered against your business, time is of the essence. Florida courts expect prompt and professional responses. If you wait too long to respond to a complaint or take action to set aside a default, the court may decline to allow further participation in the case—even if you have a valid defense. Similarly, attempting to resolve the matter without legal counsel may result in the loss of critical defenses or missed settlement opportunities.

Conclusion

While it is natural for business owners to seek cost-effective solutions, litigation is one area where cutting corners can lead to far greater expense and risk.  Whether the lawsuit involves a contract dispute, allegations of fraud, or an internal business disagreement, your response must be thorough, timely, and legally defensible.

Working with a business litigation attorney ensures that your case is handled with the care and expertise it requires. It gives you the best chance of minimizing liability, protecting your business interests, and avoiding costly missteps.

If you have been sued—or believe legal action may be imminent, contact Jimerson Birr. Our attorneys can help you understand your options and develop a strong defense that protects the future of your business.