Litigation can be expensive, and if you can avoid it, you should. However, there are circumstances where there is no option other than taking an action or defending one.
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Check contracts before signing
Never sign an agreement if you do not understand it. Any agreement should be specifically drafted to reflect the circumstances. These should include indemnity and arbitration clauses as well as provision for legal fees.
Insurance cover
If you are operating a small business, you will probably have insurance policies in place. Make sure you read through them before signing to ensure they provide the cover you need. If you are making a claim, contact the insurer as soon as possible. Always check if the cost of legal action is covered.
First steps
Before considering legal action, contact the other party in writing, setting out the circumstances which have led to the conflict. Do not adopt a legal position without consulting your lawyer as this could impact any future action or defence. If you do appoint a legal representative, a recent Law Society practice note has confirmed authorised individuals can delegate tasks provided they retain responsibility.
Persevere
Deadlines, whether your own or the other party’s, come and go, so do not be too rigid in negotiations. Keep in contact and maintain records of this, as it may be useful later. There is no silver bullet to avoid litigation, but following these tips can help.
