Understanding the Immediate Impact of a Lawyer’s Letter
Receiving a letter from a lawyer threatening litigation can be an alarming experience. Your immediate actions can significantly impact the outcome. In this crucial video, Phil Crowley, founder of Crowley Law LLC, lays out the essential first steps to take – and one critical mistake to avoid at all costs.
DO THIS FIRST: Hire Your Own Lawyer Immediately
If a lawyer’s letter lands on your desk, Phil’s advice is clear:
Hire Your Own Lawyer Immediately: This is not a “do-it-yourself” situation. Responding to legal threats and investigating the claims made against you involves complex technical and legal requirements that a layperson is ill-equipped to handle. Attempting to manage it on your own is a very bad idea. An experienced attorney can help you understand your position and craft an appropriate response.
CRITICAL MISTAKE TO AVOID: DO NOT Destroy Documents or Evidence
It might be a panicked first instinct for some, but do not go about deleting emails, shredding documents, or throwing away anything that could be relevant to the matter.
Severe Legal Consequences of Destroying Evidence
If litigation ensues, a court can infer that any destroyed evidence was incriminating against you (this is known as spoliation of evidence).
Potential Criminal Penalties for Obstruction
If the matter involves a criminal complaint from the government, destroying evidence can lead to serious charges for interfering with the administration of justice or obstruction. As Phil warns, even if they can’t get you on the underlying claim, they might be able to get you for destroying evidence.
Your First Call: Why Legal Counsel is Essential
Mishandling the initial receipt of a litigation threat can create entirely new legal problems for you, regardless of the merits of the original claim. Your first call should be to your legal counsel.
This is essential advice for any individual or business owner who might face a legal dispute.
