I can only think of a few clients who seek out litigation. Most clients try to avoid filing suit, on being sued by another party. The dislike for litigation is certainly understandable. There is a monetary expense, plus an expenditure of your personal and business time in trial preparation and attending depositions, hearings, and trial.
This is the “hard time” you spend, plus the other time worrying about the case and its outcome. While I certainly cannot guaranty that you will never be sued, there are rules of avoiding litigation that you should follow:
1. Get it in Writing: Whatever you and the other party “agreed to” get it in writing. That way, there is written evidence about the transaction, rather than “he said-she said”. A writing may be a formal contract, simple letter agreement, e-mail or text, but the more comprehensive the better to avoid future issues and misunderstandings.
2. Who am I Working With: What is the general personal and professional reputation of the person you are to work with? If the person has a reputation as being difficult, litigious, slow to pay bills, etc., why would your relationship with that person be any different? Is it worth the likely frustration of signing a contract with that person when it is likely there will be business problems at some point?
3. If it Sounds too Good: There are unscrupulous people and businesses out there looking to take advantage of you, given the opportunity. Inflated and hyped business projections, estimates of double-digit investment returns, results promised, all this gives off yellow flashing lights signaling a potential scam.
Litigation can be minimized if you follow these rules. Sometimes, however, you have no choice but to file suit. Business divorces, real estate foreclosures, property disputes, evictions, and breach of contract matters need legal attention. It is our honor to be considered as your attorney. We have the experience and knowledge to help you when you have litigation needs.