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Here
is an old expression that a small-business owner is
not likely to use very often: "So sue me." The
reason is because a lot of people these days will happily
take you up on the offer. We live in a litigious society,
and there is no getting around that reality. Getting
sued is not worth the expense, even if you have no reason
to expect to lose in court.
Here
are seven tips to help you stay out of the courtroom.
1.
Never let a lawsuit take you by surprise.
One
of the most effective ways to prevent a lawsuit is to
acknowledge the possibility of one -- and, from there,
to take every possible proactive step to prevent a lawsuit.
Identify those elements and functions of your business
that are most critical, and pinpoint volatile items
within those areas. Then, work out planned responses
so that problems are dealt with effectively and as a
matter of course.
The
most important thing to prevent lawsuits is to be proactive,
not reactive. The fact is most lawsuits are preventable
if you proactively manage trouble and have plans already
in place.
2.
Get all agreements in writing.
Sad
to say, but the day when a businessperson's handshake
was bond enough has gone the way of pet rocks and eight-track
tapes. For one thing, so many details of any sort of
agreement -- be they completion time frames, costs and
other salient details -- are often glossed over or ignored
if the contract isn't written out.
Moreover,
many states have a statute of frauds which nullifies
contracts that are not in writing.
3.
Make sure the agreement specifies how disputes will
be resolved.
Not
only is it essential that contracts be written out,
equally important is that they be comprehensive in scope.
In addition to other details, that also means steps
to resolve any disagreements that may crop up during
the life of the agreement. For instance, many contracts
specify that the parties agree to arbitration, mediation
or some other form of dispute resolution short of heading
off to the courtroom. Those and other options can often
prove invaluable in avoiding a lengthy and expensive
legal battle.
4.
Make certain an attorney sees all agreements.
Getting
everything down on paper is only one protective element.
But even well-intentioned written contracts can blow
up in your face if they contain some loophole or other
issue that the other party can exploit. So, make sure
that your lawyer reviews anything you plan on signing.
5.
Never stick your head in the sand regarding customer
complaints.
Complaints
from and problems with clients and customers are a fact
of small-business life. But ignoring them should never
be. Far too many snafus start out as small issues and
fester into a lawsuit simply because someone didn't
pay sufficient attention to dealing with them as minor
headaches. Instead of the dispute being a money
issue, many sue because they feel they were slighted
or treated unprofessionally.
6.
Swallow your pride on occasion.
Particularly
maddening are problems with customers or clients that
you know are simply not justified. It's always
nice to pursue truth and honesty, but don't go tilting
at windmills if the time and expense are simply not
worth it. Consider compromise and settlement -- even
if you know you did nothing wrong, it's cheaper than
going to court. Even if you are in the right, offering
a discount, compromising a bill or even offering an
apology will usually trump the eventual cost of a lawsuit.
7.
Spend a little now, save a lot later.
Granted,
most small businesses are on the tightest financial
leash possible -- including what they have to spend
on legal matters. But don't be afraid to invest before
the fact in legal protections and other measures that
may prevent far more costly lawsuits further down the
line. It need not be a bottomless pit. For instance,
rather than having an attorney draw up all contracts
from scratch, do some research and track down the best
sort of prototypes that you can find. Then, have your
attorney review them and, if need be, tailor them to
your business.
Put
protective measures in place before problems crop up.
This proactive approach will limit the chance of future
legal action. Every business has risk. Nevertheless,
not every business has to be risky.
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