Litigation Attorneys & Risk Management

By: Jeb Crandall
BleekeDillonCrandall

As litigation attorneys, we tend to focus on what to do after a lawsuit has been initiated. Who do we need to interview? What records do we need? Who should we depose? We don’t always remember that most of our clients would prefer NOT to be in litigation in the first place! So, as litigation attorneys, how can we advise our clients on risk management issues based on our experiences during litigation? Consider documents produced in discovery. Could certain damaging documents have been protected had different procedures been followed during the initial internal investigation? Does an “at-will” employment state affect what documents can (or should) be placed in a terminated employee’s file? When you come across these kinds of issues in the midst of litigation and discovery, don’t hesitate to contact your client to discuss how they can adjust their procedures to protect themselves going forward. While it may not help the current case, it lets your client know that you are looking out for their best interest across the board. As they say, “An ounce of prevention…”