Preventative Lawyering

Preventative Lawyering

In this economy, it may seem twice before consulting a lawyer in order to avoid the fees. Sometimes that is clearly a good notion. Sometimes it isn’t and can set you back substantially more in future litigation. Here are a few basic guidelines associated with two important issues – contracts and insurance – to greatly help decide when to utilize a lawyer and how exactly to utilize them efficiently.


A good contract may be the basis for just about any smooth method of trading. Contracts are crucial. Not merely do they clarify roles, responsibilities and ownership issues, they limit potential liability. Attorneys can assist you draft a contract that covers all of your bases, but if you need to use your attorney efficiently, do some homework first.

Sit down and is likely to words define the partnership you’re establishing and describe those that you’re configuring it with. Anticipate industry-specific conditions that affect your risks and liabilities in the contract. Explain best and worst-case scenarios that affect the success of one’s product and how which will affect the contracted parties. Address ownership issues. Now create a meeting together with your lawyer.

You may believe signing a contract is really a simple proposition. Just read what it says. Wrong! It is not only just what a contract says, but instead what it generally does not say that counts. A contract could be deliberately written to be ambiguous and available to various interpretations, that are not always on your side. Often, you’re so personally mixed up in contract negotiations – agreeing to amendments, changing clauses daily – that you are feeling that after all of the discussion, it Should be right. Before you sign, have a lawyer consider it. Everything you gain from a target eye is much larger than everything you pay in fees. You can include protective steps to your contracts, which might assist in cases that result in litigation. Add a provision in contracts that states that when you have to sue, legal fees are recoverable for non-performance or payment. You will likely have to add a reciprocal clause for another party. You might add a dispute resolution clause that specifies the usage of binding arbitration. You can also specify a mutually arranged arbitrator beforehand.


Whether you’re buying or renewing insurance – be skeptical!

Don’t be intimidated by complicated language. Ask the questions you should thoroughly understand your policy. If your policy is merely incomprehensible, ask your agent to suggest a “plain language” policy.

Legally, any renewal is known as a fresh contract. Don’t assume you’re getting exactly the same coverage! Browse the renewal policy carefully. Ask your agent to verify on paper whether you can find any changes in the renewed policy, and, if that’s the case, then what exactly are they so you aren’t surprised following a loss.

If a claim is filed against you, immediately notify your insurance provider and agent by certified letter, even though you don’t believe you’re covered. That is your responsibility. Failure to notify your insurer of an insurance claim is really a cause for non-payment of one’s claim.

If your insurance provider or broker denies claim coverage, contact a lawyer. Don’t make an effort to negotiate by yourself. It really is our experience that insurance firms deny responsibility too often. A short denial of one’s claim my simply be a

negotiating tactic.

If you’ve got a dispute together with your insurance company, check with your policy to discover just how much time you need to take up a lawsuit and contact a lawyer well before that point expires.

Remember, the amount of money you may spend now for legal fees to avoid future problems is really a drop in the bucket when compared to fees you’ll pay in future litigation. If you are using your attorney wisely, it may be among the best investments you make.