Disclaimer: This article should not be treated as legal advice. It’s recommended that readers still consult legal counsel and contact a lawyer should they have any concerns regarding this a business litigation matter.
Having a business doesn’t just mean having to aim for profit all the time. Having our own company means managing operations, and making sure we meet our goals not just from a financial perspective, but across all boards as well. Part of this is making sure our company is secure on the legal front, and that we avoid instances such as business litigation as much as possible.
Unfortunately, not everyone is aware of what business litigation is and how it can affect our businesses as a whole. Sometimes, some companies are not built with business litigation protocols, which can pose a grave concern should these instances suddenly appear. If you’re curious about how they work, then this article can be of great help to you when it comes to getting a background on business litigation.
If you do need a consultation or if you need to understand a specific situation from a business litigation perspective, then it might be better if you consult a lawyer or a legal professional on the matter. Remember, this article isn’t to be treated as legal advice, but as an informative piece that could at least help introduce you to the concept.
Watch Everything You Do
Business in a legal sense is similar to how we want to operate our business in the market. We have an image to maintain to our customers and shareholders, which means we have to observe proper behavior and good business practices as much as possible. The same is applicable when we want to prevent business litigation. It’s important we have a good idea on the kind of image we want to present, so as to avoid conflicts with others.
- This means being careful with our statements, especially if they are going to be released or recorded. Avoid libelous statements or slanderous things that could get the company in trouble.
- In the same token, try to avoid doing business with individuals or businesses that aren’t able to present official documentation, or businesses and people that are potentially shady.
- This also means it’s best we scrutinize the kinds of deals that are offered to us, especially if these can potentially be conflicts of interest.
Be Aware of Protection
Some people own businesses as a sole proprietor. Unfortunately, one of the problems this poses is that when the company is subjected to business litigation, the assets of the proprietor can potentially be seized. The best way to avoid this is to consult your lawyer and consider the following:
- Try to have a trust to own the business. This means that a trust, as kind of entity that is capable of owning businesses, securities, cash, and other assets, is capable of filing their own tax returns. This means if the business is owned by a trust, a lawsuit against the business will most likely only allow the court to target assets in the trust itself.
- Incorporation also allows you to separate the finances of your company from your own set of finances, including personal wealth.
- Insurance can be an option as well, as liability insurance or errors and omissions coverage can help ensure there’s some way for you to pay for suits that can come from accidents and other errors.
- Your lawyers can also help build some form of protection inside contracts as well, including proper legal phrases for the conditions of contracts.
Your Attorney Counts
One of the best options we have if we want to prevent business litigation is to find the right
attorney for your company. This is because not all attorneys and lawyers have the same set of specialisations, which means your attorney or team of attorneys have to be fit with the kind of company you have. If you’re about to hire an attorney, consider these:
- Try to assess if they have the kind of credentials you’re looking for. Ask for references or official documentation so you can assess the legitimacy of your potential attorney. This kind of scrutiny might seem over the top but this is extremely helpful for the future of your company.
- Try to explain the nature of your company to your attorney and check if they’ve handled something like your company before. This will help you check if they are experienced enough to handle your potential cases.
- Knowing the competency of your attorney is important as this will be the person you will constantly approach when you have legal issues you want to avoid or solve, so make sure this is a person that knows what they are doing.
The above are just some key tips on how to prevent business litigation. As you may have read, a lot of the tips involved are related to how we should make sure our businesses are not just equipped for profit, but to make sure both customers and employees are happy as well. This means making sure our legal processes in place are not only efficient, but are also applicable to the kind of business we have and the goals we seek. This way, we can align the benefits of both our employees and our customers to a single direction, which can make the overall direction of the company better.