Six Dos and Don’ts when Getting Sued

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Knock, knock! The Sheriff shows up at your door and hands you papers. “You’re being sued,” he quietly explains, and perhaps asks you to sign something noting you were served. As you close the door behind you, a number of thoughts may drift through your head. Questions, frustrations and bad ideas abound—but what should you do first? And more importantly, what should you not do first?

(By the way, sheriffs aren’t the only way you can be served, so if you’re not sure if you’ve been sued, call Cornerstone Law Firm to discuss your situation.) For those served, here are six things that you should and shouldn’t do when served with a complaint.

1. DON’T post about it on social media.

The first thing you definitely should not do is post on social media that you have been sued. Do not post about what happened. Do not post about the conflict that you have with the other guy. Don’t post negative things about the company/neighbor/business partner/soon-to-be-ex who filed this frivolous/outrageous/immoral complaint. Anything that you say can be used against you in a court of law—especially on social media.

When you post things publicly it is very difficult to predict how they can come back to get you in the future. It may feel good in the moment to pop off and say something, but the consequences to that decision can be significant. Accordingly, we strongly recommend against making public statements upon being served with a lawsuit.

2. DON’T call the person or lash out at them directly.

In a similar vein, calling the person, Facebooking them, or sending them a message, email or text are all bad ideas. Doing so can only be used against you in a court of law and cannot benefit you in any real way. In addition, doing so will give the adverse party the satisfaction of knowing they have gotten under your skin by suing you. Simply put, it is best to keep your frustrations to yourself when you have been sued.

3. DO begin gathering evidence to bolster your defense.

This one might seem obvious, but when you have been sued, you will need evidence to defend yourself. This means putting together all of the documents, emails, contracts and other papers and information that you have in your possession from the beginning of the conflict until now. If you are not totally sure how the conflict arose, read the complaint carefully and begin looking through your own calendar, matching up dates and times. Begin building a log of what you remember of what happened and when so that when you meet with your lawyer you can provide helpful and substantial information in your defense.

Lawsuits require that both sides be prepared to hand over significant information to the other side or the court when asked. Gathering that information and beginning to think about where relevant data may be stored will make you less stressed when given a short timetable to produce vast amounts of relevant information.

4. DON’T panic (and DO breathe).

Look, we understand. Really, we do. There is almost nothing in life more stressful than being sued. But panicking does not help anything. In fact, as research has shown repeatedly, panic can cause the brain to make very foolish decisions and can impair your ability to do higher level reasoning.

But telling you not to panic may not help you all that much. (“Great, now I’m panicking about panicking.”) So here’s a practical tip: try not to think about what the other side is going to do and what you are going to do in response. At first, it’s important to focus on the next step, which is finding good counsel and preparing your answer.

Lawsuits are a marathon, not a sprint. Try to train for them with that in mind. Just like running a race, you need to breathe and focus on each step, not dream about the finished line.

5. DO read the complaint that was served on you.

It is extremely important that you take the time to read the complaint (this is what the Sheriff handed you at the beginning). Carefully consider what has been said against you by the Plaintiff (the person suing you). Try to think about the situation objectively from all angles. Begin to go through and make handwritten notes on a separate sheet of paper about which allegations are true and which are false.

That’s right, in every complaint there are some allegations against you that will be true, even as simple as the spelling of your name or the fact that you had a contract with someone. What you are denying is what is most important. Sometimes, an answer to a complaint might mean answering 29 out of 30 paragraphs with “Admitted,” but then denying the crucial paragraph that has the fact that is not true. Accordingly, look through the complaint and try to get a good handle on what is true and what is not true. This will help when you meet with your lawyer.

6. DO call a lawyer.

It is absolutely vital when you have been sued that you call an experienced civil litigation attorney. Call someone who has the ability to walk you through the complaint and explain your options about filing preliminary objections or an answer (or a 12b6 motion in Federal Court). Getting an attorney who can walk you through your procedural and strategic options will go a long way to helping you get a better outcome in your case.

Conclusion: Contact Cornerstone Law Firm today if you have been sued.

If you have been sued, it is important to get legal help. Our attorneys at Cornerstone Law Firm, LLC are ready and able to help you. Call us today for a consultation so that we can walk through your case and understand your situation more thoroughly.

Business litigation in Lehigh County

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When it comes to running a business, every experienced entrepreneur knows that it’s only a matter of time before a great idea well-executed will meet with conflict. Whether it’s a competitor making false claims about you, a large customer that suddenly stops paying the bill, or an ownership dispute, successful businesses often find themselves in the middle of legal controversy.

For businesses in the Allentown area, this is a real concern. Allentown and the Lehigh Valley have seen an explosion of growth in the last ten years, with industry coming back to the city and a revitalized downtown. But for many, with this growth comes the growing pain of business conflict and litigation.

So how can you prepare your Lehigh County business for dealing with litigation challenges? Here are three steps you can take now to ensure that your company is ready for the storms ahead.

Review your ownership documents and your operating agreement or bylaws.

When you’re running a business day-to-day, it can be difficult to take time and review “old news,” like the documents that govern the running of your company. But this is an important step, and taking time to review these documents every year can save you a lot of headaches down the line. In his landmark book, Built to Last, business author Jim Collins wrote about how important it is for companies large and small to take time and review their mission statements and founding documents to guard against “mission creep.” This is doubly true of legal documents. Ignoring the rules you created for your company can open you to legal challenges and personal liability on many matters—and this is particularly true if you have multiple owners.

And while we’re talking about multiple owners, it’s also important to document your decision-making process together by means of corporate resolutions, meeting minutes, or other instruments designed to demonstrate who votes which way. Keeping track of this can guard you against later legal challenges that you, as a majority shareowner, failed to take care of your co-owners’ interests.

Develop a relationship with a business attorney.

When a crisis hits, it’s important to know whom to call. When a lawsuit is served on you, you typically have only 20 days to respond. At that point, in the midst of the pressures of your regular business operations, you have to find an attorney and they need time to answer the Complaint appropriately. You may need to explain the ins and outs of your company, as well as the origins of the specific dispute, to this attorney. This is why it is helpful to have a working relationship with a litigation attorney well before this sort of dispute breaks out.

Conclusion: Call Cornerstone Law Firm today

At Cornerstone Law Firm, we pride ourselves on our client-focused approach to the law. We get to know our clients personally and professionally, and want to know about their businesses before a dispute begins. If you own a business in the Lehigh Valley, call us for a free discussion of your business needs. We’re here to protect and promote your business growth, and we’d love the chance to get to know you.

Motion to Compel

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A motion to compel is a document filed with a court asking for someone to produce “discovery” as part of a lawsuit. A motion to compel may ask the court to require someone to produce documents, the answer to a question, a witness for a deposition or some other form of discovery that the person is refusing to turn over. Motions to compel happen in the discovery phase of a lawsuit.

Pennsylvania Discovery Process

In state court in Pennsylvania, motions to compel are not considered appropriate until one has made an attempt to “meet and confer” with the other side. This means that in addition to a discovery request which is answered by objections or a non-answer, the party seeking the discovery is expected to either send a letter, have a phone call, or have other conversations with opposing counsel or the other party in an effort to work out the dispute before asking the court to intervene. This is based on the principle that courts do not want to be involved in matters unless they absolutely have to be.

In many counties, including Berks County, a discovery dispute has been referred to a discovery master. A discovery master is a private attorney who has nothing to do with the case who is hired by the county to hold weekly hearings and issue recommendations on discovery disputes. The presiding judge in a case reviews and usually approves these recommendations. In putting together a motion to compel and in proceedings before a discovery master, the important points to stress are why the discovery is relevant to the case, why it cannot conveniently be obtained somewhere else, and why the other party’s claims of privilege or objection are not appropriate.

Federal Court Discovery Process Requires Meet and Confer

Federal Court rules are similar. Federal judges want the parties to “meet and confer” as discussed above, and some judges in the Eastern District of Pennsylvania prohibit the filing of any motion without a teleconference with the presiding judge to explain why “meet and confer” failed to solve the problem. Furthermore, federal judges tend to be a little more willing to parse through lists of documents and demand production than some of their state court counterparts. This depends, of course, on the specific judge.

Conclusion: Discovery is Key to Litigation Success

Discovery is where cases are won and lost, and insisting on documents and answers in a case is an important part of being ready for trial. At Cornerstone Law Firm, our litigation attorneys deal with discovery disputes regularly, and we can help you with your case. Call us today for a consultation on your rights and obligations in discovery.

May 2021 Update

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May 2021 has been filled with trials and advanced litigation for the attorneys of Cornerstone Law Firm. On the civil side, attorney Joel Ready spent time litigating a partnership dispute in Lehigh County court, giving advice to several businesses to avoid personnel and human resources litigation, promulgating discovery in personal injury cases based in Berks County and preparing for a summer of trials. A number of Cornerstone Law’s criminal clients were able to obtain trial dates this month, allowing them to finally pursue their innocence in a proceeding before a jury.

On the transactional side, several businesses hired Cornerstone Law Firm to draft contracts and to create new bylaws and other operating agreements for their businesses and nonprofits. These ranged from employment agreements to more complex inter-business cooperation agreements, and also agreements to resolve potential areas of dispute between rival businesses.

Attorney Crossett has been involved in several mediation for personal injury clients, obtaining settlement for car accident victims and those injured in other accidents. Furthermore, Attorney Crossett has finalized complex land deals this month for clients with conflicting real estate claims.

At Cornerstone Law Firm we are happy that the world is slowly getting back to normal, and we are looking forward to the nice weather in the summer months!

Contract Cases in Federal Court

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When your business is sued in federal court, it can be a strange and surprising experience. A common question that we receive from business owners is, “How can my business be sued in federal court over a contract? Isn’t federal court just for crimes and serious litigation?”

How it Works

In most cases, federal cases over contracts are brought because one party is from a different state than the opposing party and there is more than $75,000 in damages that are at issue in the lawsuit. In other words, your first instinct might be right: a contract case only enters the federal court because it is a pretty big deal. 

Beyond this, contract cases in federal court are much different than contract cases in state court. A breach of contract action requires that the plaintiff (the person bringing the lawsuit) demonstrate that the defendant violated the terms of an agreement. This agreement doesn’t have to necessarily be written (although it usually is when there is a lot of money at stake). 

Several defenses to contract actions exist, including proof that the contract was impossible to perform or that the plaintiff violated the contract first. In rare cases, the contract itself might violate state or federal law, which means it cannot be enforced in court.

More About Federal Court Cases

Cases in federal court should be taken seriously because they tend to move quickly. This is especially true of the Eastern District of Pennsylvania, often referred to as “the rocket docket” because of the speed with which the cases move to trial. In other words, if you are not preparing from day one, you are not going to be ready by the time the case gets to the summary judgement phase and to trial. 

Contact Cornerstone Law Firm

If you or your business has been sued in federal court, it is important to seek litigation attorneys who can handle your case. Contact the Cornerstone Law Firm and speak with our experienced federal litigators to discuss your options in moving forward and how you can best defend your case.

Call Cornerstone Law Firm Today

Harassment Charges in Berks County Dismissed – March 2020

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Last month, Attorney Joel Ready obtained dismissal of harassment charges in Berks County. The charges had been filed against a defendant over an alleged dispute with an ex-girlfriend. After oral argument in front of a Berks County Magisterial District Judge, the charges were dropped completely. The charges were filed in the Bernville area “upon information received” by a State Trooper, which means that the Trooper was filing the charges based on what the alleged victim told him. 

“We’re glad to see these charges dismissed,” Attorney Ready says. “This case shows, once again, the importance of being prepared to fight charges and not merely plead guilty to avoid the trouble of litigation.” 

More About Harassment Charges

Harassment is a summary offense under Pennsylvania Law, which means that it comes with a fine and potential confinement up to ninety (90) days in prison. In some circumstances, harassment charges can also result in higher penalties, including a misdemeanor conviction. Harassment requires that the Commonwealth prove that the defendant either physically assaulted or repeatedly annoyed someone with no legitimate purpose.

Harassment charges do go on your permanent record, although, if they are a summary offense it is not considered a “criminal record.” Nonetheless, potential employers, family members, friends, neighbors and others can find that you were found guilty of these charges if you plead guilty to them.

Contact Us Today

It is important to speak with an experienced criminal offense attorney about harassment charges so the attorney can help you decide whether you should challenge the charges or not. Contact Cornerstone Law Firm today for more information.

Contact Us Today

Representation in Federal Court

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If you’ve been sued in the Federal District Court for the Eastern District of Pennsylvania, there are a number of questions you will need to confront quickly. These questions include whether you were properly sued in the Eastern District, whether the Commonwealth of Pennsylvania has “personal jurisdiction” over you in a lawsuit, and whether you have any counter-claims or defenses that you will need to raise in your first pleadings.

In federal court, if you have been served with a complaint you typically have only 21 days from the date of service to answer. If you waive service in advance, you will have longer to respond. 

Does Your Case Belong in Federal Court?

In addition to determining counterclaims and affirmative defenses available to you, an important question you should analyze is whether the case belongs in federal court rather than state court. Unlike state courts, federal courts are of limited jurisdiction, which means they can only handle cases specifically authorized by the Constitution and by Congress.

Whether the case you are involved in falls under those categories of cases authorized by Congress and the Constitution is a question requiring legal analysis that needs to be done immediately to determine whether the court has subject-matter jurisdiction over the claim. 

Choosing Your Next Steps

Additionally, like any other case, as a defendant, you need to decide up front whether you wish to fight the case and defend it on its merits or attempt to settle it and avoid the rising costs of defending a lawsuit. This decision can be difficult, but is made easier when you really understand the likelihood of your success in defending a case and the possible risks involved in losing it. This requires an exploration of the facts and law that gave rise to the lawsuit.

The Eastern District of Pennsylvania is sometimes called the “rocket docket” because of the speed with which litigation moves and the promptness of trial dates. Most cases in the Eastern District are set for trial in less than a year from the date the suit is filed. This is remarkably fast for courts of any kind and makes the Eastern District of Pennsylvania one of the most fast-paced courts in the country. 

Contact Cornerstone Law Firm

Perhaps you have heard the expression, “Don’t make a federal case out of it.” This simple expression confirms one truth about federal cases—they are serious and shouldn’t be ignored.

If you have been sued in the Eastern District of Pennsylvania, we welcome you to contact Cornerstone Law Firm. Contact us today for a consultation on your federal case:

Call Cornerstone Law Firm Today

Waiving Summons in Federal Court

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When you have been sued in federal court, it is customary for the attorney who represents the plaintiff (the person suing you) to reach out to you by email or letter with a copy of a Waiver of Summons. An example of what this document looks like is provided below.

waiver of summons
Sample Waiver of Summons

A Waiver of Summons requests that you sign and accept the service of the Complaint, thus simplifying the process of bringing you in to court to be sued. So why would anyone do this? Why make it easier for the person trying to sue you? There are three good reasons why you should consider waiving service of the Complaint:

1. You have more time to answer

If you are served with a Complaint in federal court, you get only 21 days to answer the Complaint. This is a very quick turnaround, especially when you take into consideration the time it might take to find a litigation attorney you trust who can handle a federal case.

However, if you sign the Waiver of Summons, you get 60 days from the date the waiver was offered to you. With more than double the time to answer, you may also have the opportunity for other procedural maneuvers and even opportunities to resolve the case out of court before undertaking the expense of filing an answer or a motion to dismiss.

2. It costs less to waive summons

Under Federal Rule of Civil Procedure 4, if you refuse to waive service, you are responsible for the cost of service. This can cost hundreds of dollars in some cases and that cost will ultimately be passed on to you, regardless of whether you win or lose the lawsuit. Compared to other litigation costs, this may not seem like much, but when you have the option to waive service and avoid this cost altogether, it certainly seems unnecessary.

3. You can avoid the embarrassment of personal service

Many people do not care about personal service and do not mind if a private process server shows up to hand them a complaint. However, if you run a business, and in many other circumstances, you may prefer not to be embarrassed in front of coworkers, friends, business associates, or relatives by service of the complaint and the announcement in front of those people that you have been sued in court.

Waiver of Summons allows you to avoid living under the constant fear of a process server arriving in your office or at your home, and announcing to everyone within earshot that you have a lawsuit in federal court against you.

To waive or not to waive?

With all that said, there are also some times that it is not wise to waive service of process. Although these situations are relatively rare, a good litigation attorney who handles cases in federal court can help you decide whether it is right to waive service or to force the other side to serve you with the process. And more important than this decision are the many decisions that will immediately follow.

Should you file an answer or a motion to dismiss? Should you be in discovery immediately or is a private, internal investigation the first step? These and a hundred other questions can be worked through with experienced litigation counsel.

Call Cornerstone Law Firm today if you have been sued in federal court to discuss your case and to see if one of our litigation attorneys can help you. 

Criminal Trial Attorneys in Berks County

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If you are facing criminal charges in Berks County, Pennsylvania, you will find yourself facing several very important questions as you strategize how to handle your case. The chief among all these questions is whether you should go forward to a trial on your charges or accept a plea deal. If you decide to go to trial, finding a good trial attorney will be vital.

Why a Trial Lawyer is Important

At Cornerstone Law Firm, our attorneys have experience at all stages of trial work and stand ready and willing to take your case all the way to trial. Whether to go to trial on criminal charges is an important and personal decision and depends on many factors. Getting good advice on whether you should go forward to trial rather than taking a deal that has been offered is an important part of this process.

A good trial attorney is willing to cross-examine the government’s witnesses, will effectively present your case in a way that is understandable to the jury, and can help you make the all-important decision on whether to testify or not. At Cornerstone Law Firm, our attorneys can help you with these questions. 

Contact Cornerstone Law Firm

Whether you are in the midst of criminal charges or are at the beginning of a criminal case, we welcome your call to discuss your charges. Your first consultation with us is free and totally confidential. Call us today and see how we can help you.

Trial Attorney in Snyder County, Pennsylvania

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If you’ve been charged with a crime in Snyder County, Pennsylvania, it’s important that you have aggressive legal representation. Criminal charges can change your life, and having an attorney prepared to take you to trial, if necessary, is a vital part of a strong defense.

Why a Trial Lawyer is Important

Not every attorney or law firm is willing to take cases to trial. Some attorneys practice only in achieving plea deals or attempting to work out a case with a prosecutor. While there’s a time and a place for that art, there are also times when only a trial lawyer can help you with your case. At Cornerstone Law Firm, our criminal trial attorneys are able to help you with every phase of the process.

An attorney’s trial practice skills include giving effective opening and closing statements, excellent cross-examination, and wisdom about which witnesses to call on your behalf. A good trial lawyer will also know how to help you investigate your claim in advance of trial so that you are well prepared to present your case.

In Snyder County, individuals facing criminal charges often find that they are faced with the difficult choice of choosing between a plea deal they don’t like or facing a judge or jury at trial. Making this decision is easier when you have a trial attorney by your side to help you evaluate your chance.

Contact Cornerstone Law Firm

Not every attorney handles trial practice, so finding an attorney willing to take your case the distance is important. At Cornerstone Law Firm, we’re willing to be with you from opening statements until the jury verdict comes in, and to counsel you ever step of the way.

Call today to discuss your case with our trial attorneys and see if we can help you make your case.