Have you been served with a lawsuit? Here are seven things you should consider.

Disclaimer: reading this article does NOT create an attorney-client relationship or any other duty or relationship between Joseph M. Coleman, Esq. or the law firm of Woodward, Pires & Lombardo, P.A., and the reader. Each legal matter is specific and unique to its own individual facts and circumstances, and the information provided in this article cannot, in any way, sufficiently or comprehensively address these particular and individual facts and circumstances. This article is not being written or published to provide you or anyone else with specific legal advice, and should not be relied upon as legal advice in any particular case or matter. If you have been served in a lawsuit, you should consult with an attorney in your area to assist you.

Being served with a lawsuit is never a fun experience. That being said, you cannot ignore a lawsuit at risk of having a default issued against you. If you have been served with a lawsuit, there are things you can do on the front end to save you time and stress. It still can be a very stressful experience, but considering these seven steps may save you some time and unnecessary anxiety going forward.

1. Relax. Breathe deeply, drink a glass of water. Remain calm. You will get through this. Thousands of people get served with lawsuits every day. Even if this is your first lawsuit, know that it is not the end of the world. Right now, the complaint is just a very important piece of paper that needs to be addressed (hopefully by a professional attorney) in a smart, expedient manner. This is not the time to take drastic, impulsive action. I would especially caution against getting emotional or upset with the process server-they are just the messenger, and they can make notes of how you react to being served if it warrants it. Those reactions can be made a part of the public record. If you know how to contact the person who filed suit against you, this is especially NOT the time to contact them and "let them have it." Do NOT post about the lawsuit on social media, or send lengthy emails or text messages to your friends or family members about the lawsuit. You may be inadvertently making admissions against your interests and those admissions may be both discoverable during litigation and admissible against you if the lawsuit escalates to that point. There is a great saying, "Dance like no one is watching." In reality, that should have come with the following caveat: "But write your emails, text messages, and facebook posts as if a judge is reading them at your trial." Take that advice to heart. Your legal response to the lawsuit can be strong and forceful, but should also be calculated and measured.
2. Remember the date you were served. Write it down somewhere so you will not forget. Remember to tell your attorney this date. There are many ways to get this information once the complaint has been filed with the governing court, but it can help your attorney and you know when you need to respond to the complaint without waiting for the lawsuit to show up as filed in the court system. Some court systems take 3 to 6 business days (or sometimes even longer!) for new lawsuits to appear in the public records. Pursuant to the Florida Rules of Civil Procedure, most responses to complaints are required within twenty (20) days of being served, but there are exceptions, and there are ways to get extensions if either the opposing party agrees or if good cause permits.
3. Make a copy of any documents you received when you were served. You should keep the originals, and you should consider bringing/e-mailing the copies to your attorney, which brings us to #4.
4. Contact an attorney and schedule an appointment. If this is a civil matter and you cannot afford a consultation, you can contact your local county legal aid office or bar office and they may be able to assist you. You do not have to hire the first attorney you speak with and you can speak with several attorneys in your area to get a sense of who you feel comfortable working with and talking to. I cannot speak for other jurisdictions, but in Florida, a duty of confidentiality is owed to even prospective clients who never retain me, so if you are concerned that speaking with several attorneys may mean your story "leaks", that is not how the legal profession works. If you don't know which attorney to consider, ask friends and family members for suggestions, reach out on social media to see if anyone has any recommendations without getting into specifics (see #1), call your local county bar for referrals, and don't be afraid to use google. It is almost NEVER a good idea to "go it alone" and defend yourself pro-se in a lawsuit. Although the court may have tremendous empathy and patience at first, it is incredibly easy to take a difficult circumstance and make it 10 or 100 times worse if you defend yourself. If you would hire a surgeon to do open heart surgery, or if you would hire a dentist for a root canal, you should hire an attorney to defend you in your lawsuit.
5. Read the complaint. Carefully. Read it as many times as you need to to understand what the other party is trying to say. I know you may not understand some of the legal jargon or the technicalities, but most complaints tell the sued party: (i) who is suing you; (ii) why they are suing you; and (iii) what they want.
6. Once you have a made a copy, feel free to notate the copy of the complaint. You may want to consider making a list of any statements within the Complaint which are untrue, why they are untrue, any documents you currently have which show or support or explain why the statements are untrue, and any witnesses or other evidence which will show or support or explain why the statements are untrue. Start compiling all documents relevant to the case, and start organizing them, either by date, by sender, by subject, etc.
7. Review whether you may have insurance which may cover defending this lawsuit for you. Many businesses purchase error & commissions or "E&O" insurance to protect themselves from particular lawsuits. Check any policies you may have. If you are unsure, ask your attorney to look into it. You can also e-mail your insurance company and ask them if this type of case might be covered. You may be surprised. If it is covered, ask the insurance company to tell you, in writing, what is covered, by how much, and how that might affect your premiums or your ability to purchase the same or similar insurance from the carrier next year. While the insurance company may be picking up the tab, remember it is still your case and you could still end up incurring having liability (depending upon the insurance policy). To some degree, you should still be involved and participating so you know what's happening, how the case is going, and what the next steps being planned are.

At the end of the day, no one is particularly "jazzed" about being served with a lawsuit, especially if they did not know one was coming for them. A lawsuit is like a pi?ata, but instead of being full of candy and treats, it's full of wasted time and energy, added stress, and more attorney's fees, and you have just been handed the bat and the blindfold. I get it. However, if you relax, make copies, compile and organize relevant information and documents, and have great counsel representing you, then there is a way forward, without the pi?ata, and certainly without the blindfold.