solved Question:Imagine that you lead an organization and have just received

Question:Imagine that you lead an organization and have just received notice that the organization is the named defendant in a lawsuit. Your legal counsel is on contract and it costs you $1000 just to get them on the telephone, and the organization’s finances are relatively tight.Using the concepts from Chapter 3 in the textbook, identify and explain your reasoning behind the 5 or 6 most-important things you would want to know about the complaint, the plaintiff, or your organization’s relationship with the plaintiff, before you make the call to your attorney.My response: To effectively prepare for the case, The complaints must be throughly read through. The complaint is the document that the judge will have. It will influence the direction that the persecution will take. Understanding the items in the document will give an idea of what is being held against the organization and can be essential in forming the basis of my defense. Getting the background information may be vital in determining whether the case can be solved by negotiation. Negotiation can either be done between the parties or through some intermediaries such as advocates. Solving issues by negotiation can allow the parties to save time and money and come to a solution that favors all the parties. Getting the background information will also inform us about the evidence we have and how it can be used to support our claim. The information will allow us to understand our witnesses and the number of documents we may need to win the case. It will also allow us to prepare psychologically and fetch all associated records. Understanding the organization’s relationship with the plaintiff can enable us to understand where the issue arose from and what can be done to prevent similar issues from happening in the future.RESPOND IN DETAIL AND DO NOT SOUND REPETITIVE. ALSO ENGAGE BY ASKING QUESTIONS related to the chapter. 150 words per discussion response Za response #1If I were the leader of an organization that was named a defendant in a lawsuit, I would definitely want to know a few things prior to speaking with an attorney. One thing would be the jurisdiction because there are many levels to the system. If the defendant is not a resident, this could cause constitutional problems regarding the Fourteenth Amendment. The pleadings are also important to look over since these are the initial documents that are filed when beginning a lawsuit. It is also important to know whether there may be the option of removal to allow the defendant to make the case a federal case rather than state. With this, one should also be aware of the different rules that each court have based on the level the case is being tried. Each of these things are important to know before speaking with an attorney so that you can put your best foot forward in the attempt to get the best result for the organization. It is always best to come prepared in any situation like this one.Ma response #2 If I had become involved in a lawsuit within my organization I would try my best to gather as much information as I could before contacting the lawyer because they are pricey and I want to make sure I have some background knowledge to give. I would like to know what the grounds for the suit are and who is involved. Then, I want to ensure the complaint is within the statute, if not the case could be dismissed. I want to know what type of case this is going to be, is it criminal, property, personal injury, workmans comp, this way I can ensure that we have the correct lawyer for the job and do not waste our time contacting someone who is not fit for the case. Finding out where the plaintiff has filed the case, to understand where the jurisdiction for the case lies. This will determine what court has the power to hear and decide the case. It will be important to note if it was filed in a state or federally. I would want to be aware of what discoveries had been made, in other words be aware of what evidence may exist so I can inform my attorney. After a considerable discovery it may come to light that there are triable issues of law or fact for the court to consider and may file a motion with the court for a summary judgement. Lastly Is there a way to possibly privately negotiate the case and avoid going to trial. It could take a long time to go to trial, and be costly for both parties involved. Maybe my organization may be in a position to privately settle this which could be a better route to explore.Step response #3 Where a case is held will be a large factor in determining the outcome. In a case such as the one described jurisdiction is likely to be a large factor along with the fact that the lawsuit is for $1,000. “Since the amount is equivalent to $1,000 it can be tried in the local county court” (Mayer, 2012). One of the first things that I would need to know is what jurisdiction will be handling the case. This is also important because it will serve as the basis for jury selection. I would also want to know the statute of limitations for such a suit. Many times, at least from the legal action I have been exposed to, a settlement can sometimes be reached. I would want to consult with my attorney to see if that would be a possibility to keep it from going to trial and adding extra costs. As mentioned, this company is on a tight budget and extra litigation costs may not be worth the dispute. If there is evidence that I have regarding the relationship I would present that. This may include if the person was a former employee or if they had a history of causing trouble at the firm. The way that I relate this to my professional life is through Workman’s Compensation claims. It is not always that claims are denied but when that happens employees will try to sue for lost wages. In situations such as these the judge who is presiding over the case may also be an important discussion topic, as all judges are different. If we are able to keep such things out of court, we usually will settle. This helps to save both time and money, but as mentioned in the case court fees can be very costly. This cost can also be absorbed if someone counter-sues. Sometimes the other parties’ court fees can be put on the person who was originally suing due to misinformation presented. It doesn’t happen often but it certainly could happen.Lisa response #4 Before calling an attorney, I would want to know the five following items. First, who is the plaintiff, and do they have a relationship with the organization? Is there a connection that can be examined further, or is this lawsuit for an unknown reason? Determining the legitimacy of the relationship helps to verify if the suit is worth taking seriously. If the plaintiff has a relationship with the organization, I would know that the complaint could be genuine.Second, I would do some research and determine what the state statute of limitations is for the complaint. If the statute of limitations has passed, I will ignore the complaint, and no further investigation would be necessary. If the statute of limitations hadn’t passed, I would proceed.Third, I would want to know what the cause of the complaint and summons is. I will need to determine if the reason makes sense for the organization. In this example, it is not provided what the type of organization is, but I would need to make sure the complaint could be possible for the organization. For example, if I were a flooring retailer and installer, and someone was suing me for improper install of countertops that voided a warranty, the complaint wouldn’t make sense. However, if the plaintiff were suing me for poor installation, billing issues, etc., related to flooring, then I would know that the complaint is legitimate for my organization.Fourth, I would discuss with any applicable team members pertinent information around the plaintiff to better understand if the organization has a responsibility to their complaint or not. Did the reason they are suing happen? Or is there an issue that we were aware of and didn’t communicate? Knowing the exact level of responsibility that the organization has will determine if we believe the organization is responsible. For example, back to the flooring retailer and installer, if the plaintiff was suing because a carpet we installed was not “performing” as it should or was not living up to the warranty, and the installers did the install correctly, the issue is with the carpet manufacturer, and not the installer. If we know that we installed the correct product and did the installation correctly, we can determine that the problem exists with the product.Finally, if the organization is responsible and does have a legal obligation to the plaintiff, I would want to know if we could use arbitration instead of litigation to settle the issue. If the plaintiff is willing to work through other means to reach a reasonable settlement for the complaint outside of the court system, the matter could be handled for less cost and through a speedier process.In summary, I would want to know the following information: the relationship between the plaintiff and the organization, the status of the statute of limitations for the complaint, the cause of the complaint, the responsibility to the plaintiff, and if the issue can be settled via arbitration before calling an attorney.Mayer, D., Warner, D., Seidel, G., & Lieberman, J. K. (2012). Business Law and the Legal Environment: Vol. 1.0 (Executive MBA Edition). Flat World Knowledge.