How to Prepare for a Lawsuit

Disputes can and do arise when you expect less. If it is you or your San Diego business being sued, or you need to start a lawsuit, winning the cause starts with thorough preparation. There are certain procedures and resources you can use in order to gain control and confidence, and reduce the stress of the situation.

Is your CA lawsuit timely?

If you are the one filing for a lawsuit, keep in mind that certain types of lawsuits need to be started within a specific prescribed period of time, known as the statute of limitations. In other words, if you are filing too late, your lawsuit will be dismissed. Before putting any effort into the process, talk with an attorney to advise on the statute of limitations.

Gather the evidence

Once you get your first lawsuit, you start valuing even more solid personal or business record keeping practices.

  • Start with a list of all possible evidence you need, such as correspondence, documents, contracts, writings, records, photographs, etc.
  • Check what evidence is in your archive, and what evidence you miss and for which you need to investigate how to access it.

Find your witnesses

Except you, who else lived the first hand any of the issues relevant to the lawsuit?

  • Help your lawyer to identify the best witnesses, by making a list with people that could give testimony.
  • Write down their names, contact information, but also their anticipated story about the situation, and how willing they would be to testify on your behalf.

Be financially prepared

  • Estimate your costs. Search for information about filing fees and costs, litigation-related expenses, but also other earnings you might lose during the lawsuit.
  • Start making financial plans and identify the resources you will need to make these plans possible.

When making these plans, if you file the lawsuit, keep in mind that the defendant could sue you back.

Pay extra attention to your communication

Everything you say or write before and during a lawsuit can be used against you.

  • Before any relevant communication moments, consult with your attorney
  • You could adopt a “no comment” communication strategy, or explain that you or other people from your business if it is the case, are not at liberty to discuss the details of the lawsuit

Call or contact us through our online form to help with the preparation and make it less overwhelming for you!

Latest News & Updates

Meet Our San Diego Attorneys

Thomas F. Gallagher, Esq.


(858) 926-5797
tom [at]

Troy B. Krich, Esq.


(858) 926-5797
troy [at]

Contact Gallagher Krich, APC

What Clients Say:

Mike K., Google

August 11, 2023

Thank you so much for all your help in resolving a real estate matter so quickly and efficiently.

Mike K

What Clients Say:

Veronica D., Yelp

October 17, 2023

We had the pleasure of speaking with Troy for a contractor issue we had recently. He is smart, patient, empathetic and basically the lawyer we would want to be our side for (may God forbids) any legal assistance or battle we need! The interaction we had with him was “free of charge” but we already felt his dedication and concern (he took the time to reach out and follow up on how he can assist us further) which busy lawyers would normally ask their admin or assistant to do so on their behalf. We will be sure to contact again Troy, if need be! Thank you!!

Veronica D

What Clients Say:

Daniel E., Google

October 11, 2022

I left a voicemail for Tom late Sunday evening and received a phone call first thing the next morning.

Tom was very quick to reply to any questions I had, and if he was caught up in a meeting, he was sure to return my call promptly.

Tom provided sound and logical advice, during a very stressful and uncertain time. At times I asked him to be more aggressive and was often met with the pros and cons of that decision, allowing me to understand the approach and thought process behind his strategy.

Ultimately he provided options for several paths for us to take, worked swiftly, and got us where we needed to be.

He reached out several times to check on my sanity and make sure I was good.

As someone with very high expectations, I would highly recommend his services. He provided expertise that proved to be successful, and also took the time to make sure I was emotionally solid.

Tom assisted with me with a 50% / 50% ownership conflict.

Daniel E

What Clients Say:


February 23, 2022

Really informative and actionable, very grateful to have connected and I look forward to working more with them in the future.


What Clients Say:


February 8, 2022

i liked that a lawyer, and not a staff member, called me to get the details and he gave me his opinion of what his initial thoughts are about my case.


What Clients Say:

Bob W., Google

August 30, 2021

What was thought to be a simple breach of contract turned into a nightmare. Through their tenacity and their deep knowledge of the law, we were successful. There is no reason to look any further as you will not get any better representation than this firm. I highly recommend them and strongly suggest that if you are considering starting a business or are already managing one, this firm will guide you, avoiding the troubled waters businesses sometimes find themselves in.

Bob W

What Clients Say:

Rasmita M., Google

August 13, 2021

Johnny Nitti helped us with our estate plan. He was very meticulous while drafting the plan and spent enough time to explain the details to us. He filed the deed with county recorder and paid for the fees himself. Overall, Johnny did a great job and we definitely plan to work with him in the future for any updates to our EP.

Rasmita M

What Clients Say:

George A., Google

August 6, 2021

Johnny Nitti helped me with my estate planning (will, living trust, etc.) and made the process smooth. He is very responsive and organized. I highly recommend contacting Johnny.

George A

What Clients Say:

Ashley C., Google

July 18, 2020

Tom Gallagher is very knowledgeable and helpful when it comes to business law. I reached out to him reguarding the Pandemic and my salon and I’m so glad I did. Many times stress and hard times can fog clarity and he really helped me understand the laws.

Thanks Tom!!!

Ashley C

What Clients Say:

Evan D., Google

July 16, 2019

Thank you Troy for everything! Professional, prompt, and smooth handling of my case. I will be recommending to anyone that is in need of a lawyer.

Evan D