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:*
- Enter into a contract without:
- reading it;
- understanding the meaning or consequences of all of its terms;
- having a lawyer review it;
- having an insurer review it to make sure your obligations are insured or insurable.
- 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.
- 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.
- Make warranties and representations that are:
- impossible;
- out of your control;
- uninsurable;
- outside the scope of the contract;
- orally provided.
- Don't become familiar with the laws, codes, regulations, and professional or industry rules and standards that apply to your profession or business.
- Assume that a legal "self-help" remedy will be cheaper, easier and eventually lead to a better outcome.
- Co-mingle your personal funds along with those of your business.
- Assume that your word will never be challenged or forgotten. Accordingly, never document, record, or confirm conversations or occurrences concerning projects or transactions.
- 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.
- 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.
- Assume that your partners, employees, independent contractors, and competition all have your best interest at heart when conducting business.
- Don't have a succession plan for yourself or your business.
- Rely on "one-size-fits-all" forms, documents or contracts for your individual, unique or special situation or project.
- If a dispute arises:
- don't evaluate a claim to determine if it has any factual, technical, or legal basis;
- delete or destroy all relevant documents, file materials, and e-mails relating to a dispute;
- make statements to the "other side" without knowing if they have legal significance to the dispute;
- don't put your insurer on notice of the dispute in accordance with the requirements of your insurance policy;
- don't consult your attorney.
And finally:
- 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.