Litigation: How to be Better Prepared
Under the American legal system, there is no realm of human activity that fails to spawn litigation. The financial cost of a potential judgment is easily recognized. Less understood is the cost of time, energy, and resources (financial and human) of the litigation process itself. Even the defendant who avoids judgment by “winning” his case will still have expended resources that the law generally affords no avenue to recover.
The primary protection against both a potential judgment and the cost of litigation is insurance. Every individual, organization, and enterprise should obtain insurance coverage adequate to encompass both the scope of their activities and the potential dollar amount of liabilities that might arise from those activities. Be attentive to your policy terms and ask questions of your insurance agent. Ultimately, it is the responsibility of you as the insured, not your insurer, to choose the correct coverage.
Even with insurance, however, other preventative steps should be taken. Being attentive to avoid and remedy liability risks in advance is an obvious measure. When potential liability incidents do occur, however, other steps will aid your defense counsel to protect your interests.
First, be alert to incidents that may result in legal claims against you or your enterprise. If these occur, do not wait for a claim to be filed. Notify your insurer and your attorney immediately.
Second, retaining complete information about any incident posing the potential for litigation is critical. This is true even for information that may impact your defense in a negative manner. There are legal penalties for destruction of evidence, even in civil cases. More importantly, your defense attorney needs to know as many facts about the incident as possible and as soon as possible, in order to best prepare your defense. Relevant records kept in the general course of business, together with any special reports of a particular incident, should be kept and provided to defense counsel as soon as possible. The same is true for any video, photographic, or audio records.
Any participants in an incident, together with non-participating witnesses, should be identified whenever possible. Documentation of their observations is best obtained early, given the frailties of human memory. This should be done even before any actual claim is filed against you. Again, these should be provided to defense counsel as quickly as possible.
Finally, recognize that your attorney will need continued communication and cooperation through the litigation process. The best defense is proactive, not reactive. The efforts of your attorney to develop a general strategy for your defense and to pursue specific tactics in support of that strategy are dependent upon your cooperation in promptly providing information and evidentiary materials. Moreover, the legal system imposes deadlines for certain activities required of parties to litigation. Prompt response to requests from your attorney for information is critical to meeting these deadlines. Lines of communication must be available and open at all times.
Litigation may prove unavoidable. It always entails unwelcome costs and burdens. These can be reduced, however, if you are prepared.
Douglas Curlew is an attorney in our Livonia office where he concentrates his practice on appellate law, premises liability, and insurance law. He may be reached at (734) 261-2400 or dcurlew@cmda-law.com.
CMDA Law
Recent Posts
- Michigan House Bill 5598: Cracking Down on Fraudulent Real Estate Documents
- Attorney Corey Volmering Joins Firm’s Grand Rapids Office
- Jim Acho Named 2024 MiLW Leader in the Law
- Richards’ Article on the Benefits and Challenges of the Ladybird Deed Featured in Urban Aging News
- Jim Acho Guests on “SportsWise” with NFL Network’s Gabe Feldman to Break Down NCAA Lawsuit
Recent Comments
Archives
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- June 2011
- March 2011
- February 2011
- October 2010
- August 2010
- January 2010
- January 2009
- September 2008
- June 2008
- May 2008
Categories
- 50th Anniversary
- Allan C. Vander Laan
- Appeals and Litigation
- Appeals and Litigation Articles
- Barbara M. Moore
- Business Law
- Business Law Articles
- Carol A. Smith
- Christopher G. Schultz
- Community Association & Real Estate Law Practice Group
- Community Association and Real Estate Law Articles
- Community Association Law
- Corey Volmering
- Daniel W. Ferris
- Douglas Curlew
- Education Law
- Education Law Articles
- Employment and Labor Law
- Employment and Labor Law Articles
- Estate Planning and Elder Law
- Estate Planning and Elder Law Articles
- Firm News
- Gary D. Klein
- Gerald C. Davis
- Gregory A. Roberts
- Gregory R. Grant
- Haider A. Kazim
- Insurance Defense
- Insurance Defense Articles
- Isa M. Kasoga
- Jacklyn P. Paletta
- James R. Acho
- James W. Taylor II
- Jeffrey R. Clark
- Joel Ashton
- John "Jay" Gillen
- John D Gwyn
- John M. McFarland
- Joshua J. Cervantes
- Kenneth M. Gonko
- Kevin J. Campbell
- Kimberly M. Coschino
- Kristen L. Rewa
- Latest News
- Law Enforcement Defense and Litigation Articles
- Law Enforcement Litigation and Defense
- Linda Davis Friedland
- Litigation
- Margaret A. Lourdes
- Matthew C. Wayne
- Matthew W. Cross
- Michael O. Cummings
- Michelle L. Richards
- Municipal Law
- Municipal Law Articles
- News & Events for Business Law
- News & Events for Municipal Law
- News Archive
- Norman E. Richards
- Owen J. Cummings
- Patrick R. Sturdy
- Plaintiff's Personal Injury
- Plaintiff’s Personal Injury Articles
- Presentations & Articles
- Published Articles
- Ray E. Richards II
- Real Estate Law
- Robert J. Hahn
- Robert L. Blamer
- Ronald G. Acho
- Ryan D. Miller
- Sarah L. Overton
- Shane R. Nolan
- Stanley I. Okoli
- Stephen C. Johnston
- Suzanne P. Bartos
- Timothy S. Ferrand
- Uncategorized
- Utility Law
- Utility Law Articles