Ask the Lukins & Annis Legal Professional - Litigation Prevention

Question: How Can I Prevent Lawsuits Involving My Business?

Answer: In challenging economic climates such as today's, businesses often don't have the luxury to look beyond immediate business needs. Customer satisfaction, product development, tightening budgets, and work force management - these forces understandably demand and receive the core attention of business owners. Risk management is often not at the top of the needs list. However, win, loose or settle, lawsuits are expensive and a distraction from running your business. My experience as a business and employment litigator for the last 20 years is that many business and employment lawsuits could be avoided if a mere fraction of the effort and expense was applied to lawsuit prevention as opposed to lawsuit defense. Here are some basic risk management tips:

• Establish a relationship with an attorney or law firm with whom you are comfortable sharing sensitive aspects of your business.
• Don't hesitate to utilize that relationship when legal questions or issues arise.
• Avoid form contracts. Have contracts and other legal documents specifically tailored to your business needs and updated for new legal developments.
• Pay close attention to employment issues, including: maintaining an updated Employment Manual; attorney review of your hiring process, non-compete covenants; involving your attorney in employment terminations before the termination decision is made.
• Make sure your management staff receives training on work place discrimination issues rules.

While staying attentive to and current on these risk management issues admittedly involves some administrative time and legal expense, it's a sound investment in your business which will pay dividends in lawsuit avoidance. For more tips on current legal issues, please go to Lukins & Annis' web site at www.lukins.com