Three Easy Ways to Mitigate the Risk of Litigation

Litigation can be a lengthy, costly, and emotionally draining process. As an attorney who practices as transactional, trial, and appellate counsel, I’ve seen firsthand how disputes can escalate into full-blown, multi-year court battles, typically to the detriment of everyone involved. While sometimes litigation is unavoidable, there are several steps you can take to minimize your chances of ending up in court.

1. Get Everything in Writing

In my experience, many disputes arise from misunderstandings or disagreements over what was agreed upon. Verbal agreements, while legally binding in many cases, can lead to significant issues if there is a disagreement  later. The best way to prevent this is to ensure that all agreements, especially those involving money, services, or property, are outlined in writing.

A well-drafted contract or written agreement serves as clear evidence of the terms agreed upon by both parties. It’s essential to include specifics such as timelines, payment terms, responsibilities, and dispute resolution procedures. A handshake and verbal promise may feel more personal, but when it comes to protecting your interests, a detailed written contract is indispensable.

It is not enough to simply reduce every agreement to a writing. In order to best mitigate the risk of future litigation you should ensure that you (1) have read the entire writing(2) understand the obligations and the benefit of the agreement, and all the benefits and obligations discussed are detailed in the writing; and (3) retain a copy of the writing signed—at least—by the other part[y/ies] to the agreement.

If you are unclear about a term, an obligation, or a benefit in a writing, you can ask the other party for clarification (in writing) and/or have an attorney review the document before you sign it to advise you of the legal implication of the term, obligation, or benefit described.

Having an attorney review a contract before you execute it also has additional benefits. Not only can an attorney identify any areas of concern, but they can make suggested revisions to best protect your interest, or work with the other part[y/ies] to negotiate different or better terms.

2. Communicate Effectively

Litigation often stems from a breakdown in communication. Whether it’s a business deal, a landlord-tenant relationship, or even a family matter, clear and open communication can often prevent disputes from escalating. If a problem arises, address it immediately rather than letting it fester.

When a disagreement surfaces, engage the other party in a constructive conversation. Seek to understand their perspective and work toward a mutually agreeable solution. This approach not only helps resolve issues but also demonstrates your willingness to find a solution, which can be beneficial if the matter does end up in court.

Additionally, keep a record of all communications, especially if the issue could lead to a dispute. Emails, letters, and even detailed notes from phone calls can serve as valuable evidence if the situation deteriorates.

Confrontation or discussions which stem from a dispute can be uncomfortable but not addressing the issue can have long-lasting and potentially permanent ramifications. If engaging the other part[y/ies] on your own would not be constructive, these pre-suit actions can be taken by an attorney on your behalf.

3. Seek Legal Advice Early

Many people hesitate to consult an attorney until they’re already facing a lawsuit. However, seeking legal advice early can prevent litigation altogether. An attorney can help you understand your rights and obligations, identify potential legal issues before they escalate, and advise you on the best course of action to protect your interests.

Final Thoughts

Avoiding litigation requires foresight, clear communication, and, sometimes, professional legal guidance. By getting everything in writing, communicating effectively, and seeking legal advice early, you can reduce your chances of ending up in court. While these steps will not eliminate all risks, they can go a long way in helping you avoid the time, expense, and stress associated with litigation.

Remember, the best lawsuit is the one that never happens. Taking proactive steps early (even as early as before entering any agreement) can save you from a legal battle later.

If you are seeking litigation help, please contact our team for further support.