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Scales of Justice

The Best Defense Is a Good Offense

Defendant. The name says it all—a defendant is supposed to be on the defense, right? Although this is exactly what your opponent wants you to think, truly progressive litigants will challenge the traditional rules and take command of a case, no matter which side they’re on.

Critical in attaining an offensive position is your attorney’s knowledge of the steps he or she must take to keep the lawsuit moving forward.

  • As soon as you receive the complaint, have a thorough discussion with your attorney about possible counterclaims. More often than not, there are two sides to a story and although your opponent feel that it has been wronged, there is a good chance that you have as well.
  • As soon as possible, send out discovery requests to the opposing party. Keep in mind that they have the burden of proving their case against you, and you have every right to demand from them the information that supports their case.
  • As soon as you’ve received all of their discovery materials, if the facts support it, your attorney should file a motion for summary judgment. This is your opportunity to kill the case before it goes to trial, and it is a critical component of your offensive strategy.

Never allow your attorney to simply sit back and stay on the defensive. An effective litigation attorney will always seek to move your case forward and keep you in a strategically advantageous position. If you’re tired of being on the defensive, call Northwest Business Law Group to find out how we can put you back in the driver’s seat.