The answer deadline comes first
A summons usually gives a short window to respond, and the length depends on the court and on how the papers were delivered. A default judgment entered after a missed deadline is far harder to undo than an answer is to file. Before anything is filed, someone needs to check whether service was proper, whether the case belongs in this court, and whether a motion to dismiss makes more sense than an answer. Counterclaims, and claims against other parties who share responsibility, are often tied to the same early pleadings. Waiting to see whether the plaintiff is serious is one of the costlier habits in civil litigation defense.
Insurance and records, early
Many lawsuits are covered, at least in part, by a policy you already own: general liability, professional liability, directors and officers, homeowners, or an umbrella policy. Policies usually require prompt notice of a claim, and late notice can give the carrier an argument against coverage, so tender the suit to every insurer that might respond. Once a lawsuit is reasonably expected, you also have a duty to preserve relevant material, including email, texts, and files on personal phones that were used for the business. Suspend any routine deletion that could reach that material. Do not contact the plaintiff to talk the case through; route communication through counsel.
What the first strategy conversation decides
We start by reading the complaint against the documents and asking which claims are weak on their face and which turn on disputed facts. From there we talk about cost, because defending a case to trial and resolving it early ask very different things of a person or a business. We look at whether there is a contract clause sending the dispute to arbitration or to a particular forum, since that can change the whole path. We also talk about what an adverse judgment would actually reach and how that affects the posture you take. You leave knowing what has to be filed, by roughly when, and what we need from you to do it.
