Don’t Fall Victim to Fear When Facing Litigation

Minimize litigation risk with these common-sense tips.

Nobody wants to get sued or to have to sue, but it can happen to anyone. It’s natural to be afraid or nervous. Follow these common-sense tips to ease your mind and likely reduce your risk of excessive judgment.

• Accept Responsibility. If you are wrong, don’t cover it up or blame it on another person. If your actions hurt another, it is best to own up to it. I recommend you retain an honorable attorney and instruct them to work with the other side to reach a fair settlement out of court as soon as possible. An ethical attorney can often act as a mediator to help both sides reach an agreement. Settlements will save you time, money and stress, as well as limit damage to any existing relationship you may have with the wronged individual. A large majority of civil cases are resolved via settlement, most likely for these very reasons. Settlement was the single most common outcome for a civil case (62%) in the Landmark Study conducted by the National Center for State Courts in cases studied from 2012-2013.¹
• Read EVERYTHING. Knowledge is power! Take the time to read anything related to your case, especially if it requires your signature. Never sign anything that you do not understand. In a diplomatic manner, ask questions and require understandable explanations. No question is a “stupid” question (sometimes it is the best question). Only sign when you understand fully why and what you are signing.
• Learn the law. Never let anyone “tell” you what the law is! Research any laws that apply to your situation on your own. Then, if need be, consult your own legal counsel. I am as much a teacher as I am an attorney. When my clients understand the law, then I can better assist them.
• Always document. Keep copies of all important documents. If you have a problem at home, at work or at the scene of an automobile accident, take pictures. Obtain the names of witnesses whenever possible. You cannot prove what you cannot show. Note: The best defense is a good offense. Be proactive and keep copies of all documents involving other people. Put things in writing. Keep copies of invoices. Document dates and times of important conversations. Keep copies of all contracts you sign (after you have read them, don’t let anyone rush you.) After a settlement, do make sure that your attorney obtains a written release of all claims.
• Exercise self-control. The apostle James said it best “…everyone should be quick to listen, slow to speak, and slow to grow angry.” (James 1:19 CEB) Keeping control of your tongue and your emotions is your best defense, because, once you speak out or act out, you have no way of taking it back. Chances are good your actions will be caught on tape as most people have a video camera and recorder with them at all times. Smartphones do not lie. Georgia is a one-party state. If two (2) people are on a phone call, only one has to consent to be recorded.

For centuries, history has admired individuals with great courage and integrity. Men of great integrity take responsibility for their actions. If you have a matter that may involve litigation, retain an honorable attorney with the objective of working things out for the benefit of all concerned. If we all did this, our legal system and the world would be a much better place.

1 National Center for State Courts, The Landscape of Civil Litigation in State Courts (November 2015),   https://www.ncsc.org/~/media/Files/PDF/Research/CivilJusticeReport-2015.ashx