Practical Tips to Avoid Litigation

If it were only so simple: a formula, or a how-to-guide, that would tell you exactly how to avoid ending up in court. Unfortunately, such an easy step by step guide doesn’t exist. Nobody can guarantee that you won’t ever end up in court.

That said, there are things you can do, or steps you can take to minimize the chances that you will ever end up embroiled in a lawsuit. Of course, none of these ideas work for everybody, because no two lawsuits or situations or businesses are the same. So, always work with a good attorney when implementing any of these.

See Your Attorney Early

In fact, tip #1, is to work with your attorney proactively, not reactively. Think of an attorney as an insurance policy: you seek your attorney, strategize, have him or her review contracts, and ask the attorney about your decisions before you make them. That’s better than after, when problems have already arisen.

You may pay a little for this advice in the short term. But that investment will help you avoid litigation in the long term. Your contracts make sense and aren’t subject to dispute, you don’t make errors now that could have you in court later, and you head off potential legal problems before they happen.

Consider ADR

Alternative dispute resolution, or ADR, like mediation, can resolve a case before it even ever gets filed in court. In your business contracts, you can require that mediation happen, before any lawsuit is filed. This can ensure that you have a chance to know about a legal problem or a complaint, and that you have the chance to settle or resolve it now, before it goes to court and balloons into something more serious or costly.

Be Nice and Be Cordial

Sometimes, we all make mistakes. When we do, it is often our demeanor and how we handle the problem, which dictates whether we end up in court or not.

Obviously, you don’t have to accept blame for something  you aren’t to blame for, and yes, there will be people (customers, clients, employees, whoever) that are so hostile it’s hard to maintain your composure.

But to the extent possible, you’d be surprised how far keeping open lines of communication goes towards staying out of court.

Avoid Forms

Yes, it’s tempting to go online and find a form for whatever kind of contract that you may need. But don’t. No form contract works for everybody in every situation. That online form isn’t tailored for you or your business, and it may not even be tailored to Florida law. Those kinds of contracts can be confusing, ambiguous, not reflect the understanding of the parties, and can lead to litigation.

Be Organized

When there is a dispute, you’d be surprised how far being organized can help. You have a record of prior conversations. You have documents, emails, contracts and invoices. Being organized and “knowing your stuff,” can often head off a lawsuit when the other side sees that you have your documents and potential evidence, in order.

Before or after court, ask us for help. Call our West Palm Beach commercial litigation lawyers at Pike & Lustig to help you.

Source:

amtrustfinancial.com/blog/small-business/eight-tips-to-avoid-litigation