The number one thing you need to do if you want to avoid litigation:
GET EVERYTHING IN WRITING. That is the number one rule.
Make sure you get anything and everything in writing. If it’s a contract, make sure that the intent of the parties is clear and everything is written clearly and concisely. That way, if there’s a breach and someone doesn’t follow things accordingly and you have to go to court, you can easily show the judge or the jury that the intent of both parties was clearly stated in writing.
This should be set as a life rule – to make sure everything’s in writing. If you are concerned about offending someone to get something in writing, you can do what I call a “compliment sandwich.” For example – we have a lot of realtor clients – if you’re a realtor and you’re dealing with your client and you need to make sure that they understand something, then most likely the best thing to do is to either email or text them and say for example: “It was great seeing you today. This will confirm our conversation regarding X, Y, and Z. Looking forward to seeing you in the future.”
So that’s a nice “compliment sandwich”, where you’ve confirmed in writing what the intent was and/or what the other party is supposed to do. Make sure you get everything in writing.
Too many times clients who come to me who are already in litigation and were told that what wasn’t what they were supposed to do. I asked them if they have any documentation, any written record? And they say, “No.” Well, that’s a problem, because at the end of the day, guess what? It’s going to be a “he said, she said” situation, and either a judge or jury is going to have to decide who’s telling the truth.
You don’t want to be in that situation, so get things in writing. That is the number one rule.
If you have a litigation issue or you want to avoid litigation, or you’re in the middle of contracting with someone, please feel free to give our office a call. We offer complimentary phone consults. You can book directly online, or you can call our office and schedule from there.
