Re:Ask HN: My startup is suing a company and I need help
by throwaway1028 on Wednesday October 19, 2011 @11:09AM
(#3130464)
So far we've walked away from all meetings feeling as though our case has some serious weight to it. We've even run it by members of our families who practice law and have received the same sort of response.
Thanks for the advice I'm making a note of it all and have updated the post to mention that we have in fact spoken to multiple firms. Should have been clear on that.
Re:Ask HN: My startup is suing a company and I need help
by egiva on Wednesday October 19, 2011 @11:21AM
(#3130521)
I paired down the last comment just to make it informative for other readers who might have a similar problem, so perhaps this doesn't all apply to your case.
Lawyers in your family provide good legal advice, but make sure to seek third-party advice from lawyers who have worked in your industry for 10+ years. They will be more aware of precedents, what your chances are, etc.
Secondly - think about the size of this company and what might happen if you win, but they appeal the case. Be very wary, because some companies will have a large financial incentive to fight you through various cases and appeals. The reason for this is that allowing you to win your case sets a precedent that affects their other business dealings with other partners.
Finally, ask them what happens if the other party counter-sues you, who pays those fees for your defence, etc.
PS - I'm not a lawyer, so this is not legal advice. Just devote the majority of your time considering what might go wrong, and ask hard questions of your lawyer before you go to court. Winning in court, unfortunately, isn't always about who has the best legal argument, but rather who has the best defense in terms of legal resources, money, etc. Make sure you have enough resources for the entire process.