While being involved in the throes of litigation can certainly be exciting and interesting; most people and businesses would prefer to be spared from the cost, time and stress of defending a lawsuit. However, if you desire to experience the thrills of litigation, simply follow these easy steps to drastically increase your odds of having the opportunity to defend against a lawsuit:*

  1. Enter into a contract without:
  1. reading it;
  2. understanding the meaning or consequences of all of its terms;
  3. having a lawyer review it;
  4. having an insurer review it to make sure your obligations are insured or insurable.
  1. Don't be familiar with or disregard your contractual obligations; particularly ignore the provisions regarding change orders, specifications, notices, time of performance, and liquidated damages.
  2. Use traditional media and social media as the avenues through which to communicate your opinions and legal position regarding pending or potential issues or claims.
  3. Make warranties and representations that are:
  1. impossible;
  2. out of your control;
  3. uninsurable;
  4. outside the scope of the contract;
  5. orally provided.
  1. Don't become familiar with the laws, codes, regulations, and professional or industry rules and standards that apply to your profession or business.
  2. Assume that a legal "self-help" remedy will be cheaper, easier and eventually lead to a better outcome.
  3. Co-mingle your personal funds along with those of your business.
  4. Assume that your word will never be challenged or forgotten. Accordingly, never document, record, or confirm conversations or occurrences concerning projects or transactions.
  5. Don't copyright, trademark, patent or otherwise protect any of your intellectual property. Furthermore, ignore these protections if you want to "borrow" someone else's work.
  6. Always trust your potential employee's assertion that he/she had no employment, non-competition, non-solicitation and/or confidentiality agreement with his/her former employer.
  7. Assume that your partners, employees, independent contractors, and competition all have your best interest at heart when conducting business.
  8. Don't have a succession plan for yourself or your business.
  9. Rely on "one-size-fits-all" forms, documents or contracts for your individual, unique or special situation or project.
  10. If a dispute arises:
  1. don't evaluate a claim to determine if it has any factual, technical, or legal basis;
  2. delete or destroy all relevant documents, file materials, and e-mails relating to a dispute;
  3. make statements to the "other side" without knowing if they have legal significance to the dispute;
  4. don't put your insurer on notice of the dispute in accordance with the requirements of your insurance policy;
  5. don't consult your attorney.

And finally:

  1. Adopt the approach that winning now is more important than protecting your future or that of your business.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.