The steps taken immediately after service protect rights that are otherwise lost.
Note the deadline. The response date is calculated from service and is short. Extensions are usually available by agreement, and should be obtained in writing.
Preserve. Issue a litigation hold and suspend automatic deletion the same day.
Notify insurers. Every potentially applicable policy — general liability, professional, directors and officers, employment practices, cyber. Late notice is a coverage defence, and the cost of notifying an insurer that ultimately does not respond is nothing.
Check for indemnity. Contracts with customers, suppliers, landlords and contractors may obligate someone else to defend. Tender promptly and in writing.
Assess jurisdiction, venue and process. Defects in personal jurisdiction, venue, process and service are waived if not raised in the first response.
Identify counterclaims. Compulsory counterclaims must be asserted or are lost.
Consider removal if the case is in state court and federal jurisdiction exists. The deadline is thirty days from service.
Do not communicate with the plaintiff or with witnesses about the substance without counsel’s involvement.
Assess early. The decisions that follow — motion, answer, settlement approach — are better made with a preliminary evaluation than by default.