1. When the process server comes to the door, with the complaint, make sure your name is on it before you accept it.
  2. Do not speak to the process server other than to say “thank you” (once you determine that your name, or your company name, is on the complaint)
  3. Accept service once you determine that it is you; avoiding service or running away from the process server also makes you look bad (think O.J. Simpson in the White Bronco).
  4. Call your lawyer and schedule an immediate appointment (generally, you only have to 20 days, absent an extension, to respond to a Complaint.)
  5. Retain the lawyer by signing his or her retainer agreement.
  6. Write down the date your response is due to the complaint.
  7. Download all of your relevant email and other documents and send it to your lawyer; do not destroy anything.
  8. Make a list of everyone that may corroborate your story and provide the list (names, addresses and telephone numbers) to your lawyer along with a description of everything these individuals may know.
  9. Explain to your employees (if applicable) what the lawsuit means and instruct them not to speak to anyone about it other than you and your lawyer.
  10. Shut up – don ‘t call your adversary, your friends, or your Mom to tell them about the case. It may come back to haunt you later.

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