1400 Gables Ct #103 Plano, TX 75075
5601 Bridge Street, #300, Ft. Worth, TX 76112

For the Businessman: A Proper Perspective on Business Litigation

 Should litigation be feared by the business owner and avoided at all costs? The answer, is “No,” and “No.” “But, you ask,” “Aren’t you violating conventional wisdom that says litigation, with it’s unbudgetable and unprojectable price tag and outcome, is the pariah of all enlightened business people?”
Listen to me carefully. In the 1970’s and 1980’s, I would have agreed with you. After all, I am not only a legal practitioner, but a business owner myself. But times have changed. There are businesses in your world–many of them huge by comparison to yours–that don’t think twice about using oppressive, anti-competitive, and in some cases downright underhanded tactics in the marketplace.  In the climate we now operate in, while business litigation is certainly to be avoided if there are better options, it should not be ruled out entirely as an option.
Here, you should think creatively about the statement I recently read from another lawyer:

“Litigation is often the extension of business ‘by other means,’” a sometimes inevitable result of doing business in today’s world.” — Joseph Brophy

Business litigation should be thought of, first, as a defensive tool when others in the world you operate in take unfair/illegal advantage. Additionally, the realistic threat of prompt litigation when you are at the receiving end of shenanigans can be a powerful, effective deterrent from vendors, competitors or even customers-gone-bad doing things that they shouldn’t.

But don’t overlook the offensive potential of business litigation, either. All of us have heard the time-worn maxim, “The best defense is a good offense.” How true we have found this maxim to be! If you know the storm clouds are gathering and someone is getting ready to squash you like a bug, and it violates principles of fairness that have a basis in law, often times it is better to “fire a shot across  their bow.” Doing so will make the antagonist think twice about proceeding recklessly, and may have the added advantage of helping you establish positions that will ultimately aid you if a lawsuit transpires. Depending on the facts, it may be more advantageous for you to initiate a lawsuit than to wait for them to.


Richard Armstrong, Principal

Richard Armstrong, Principal


1 Comment
  1. Litigation is not to be feared by any business owner who properly prepares himself for the potential of lawsuits. Retaining a business litigation attorney from the moment you start your company means you will always have representation when you need it.

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Armstrong The Law Firm, P.C.
Plano Location
1400 Gables Ct #103
Plano, TX 75075

Fort Worth Location (By Appointment Only)
5601 Bridge Street, Ste. 300
Ft. Worth, Texas 76112

Phone: (972) 424-5297