Final advice regarding avoiding and defending against lawsuits

January 28, 6:43 AMBusiness Law ExaminerMatthew Nelson

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Shut and listen to me, Mr. Nelson!

I regret that I did not reach the milestones of writing these entries for at least one year or preparing 100 of them; I simply have obtained a new long-term writing assignment that I felt
would prevent me from devoting the time to this column that doing it properly requires. I will
be keeping the e-mail nelsonexaminer@gmail.com.

I would like to leave you with thoughts regarding avoiding business-related lawsuits and ways to defend against them if you are sued.

1. I have always found that treating people well and equally avoids conflict. It seems that personal animosity that has very little to do with the law that someone who is suing you is seeking to enforce is often a significant factor in a lawsuit. Whether you have tenants or employees, being kind and making them feel valued to the extent that is practical should foster good relationships that avoid costly conflicts.

2. Avoid even the appearance that you are doing anything wrong. I am a firm believer in the legal principles of exercising an abundance of caution and taking reasonable steps to avoid giving someone an opportunity to assert a claim against you.

3. Keep good records and be aware that paper trails can be difficult to eliminate. Providing documents that show that you have done things properly is a big help when defending against a legal claim. This is true particularly if someone has accused you of discrimination; you must be able to prove that you had a valid nondiscriminatory reason for your action.

I also have first-hand knowledge regarding the preservation of records. My career includes several months working as a document-review attorney. This involved sorting through 1,000s of boxes of papers that included memos and print-outs of e-mails that might have been relevant to a lawsuit.

I was surprised initially that so much trivial stuff, some of which was several years old, was saved and felt a strong sense of accomplishment when I found the few gems that helped prove the case of the client.

On a more personal note, I save most e-mails that I send and receive and keep any written correspondence and reports that I think that I might need in the future.

4. Hire a good attorney with good experience in the relevant area of law. You should also use one with a co-operative attitude who prefers to settle matters peacefully and will fight only when that fails.

I do hope that information, and what I have written in my 83 other entries, have been helpful; I appreciate having had the chance to share some knowledge and opinions.