Unfortunately, there is no way to completely insulate yourself from potential litigation. Even if you were to live a perfect life, free of all wrongdoing, someone could still bring a legal claim against you for some perceived wrongdoing. Every human interaction carries with it that inherent potential for real or imagined conflict, and there is no escaping this reality. And no . . . an attorney can’t just call up the judge and tell him/her that the case is frivolous. Once sued, regardless of whether the opposing side has raised a legitimate claim, your life will likely be overrun with all the time, money, stress, and energy necessary to defend your good name.
Having represented both plaintiffs (i.e. the person suing) and defendants (the person being sued) throughout my career, I have routinely wondered: “If I could go back in time and advise my client before his/her conflict arose – what would I tell that person?” Even though every case has unique fact patterns and personalities, certain trends and themes stand out more than others. Please consider the following as Part One of my “Top Ten” general observations to avoid or minimize legal conflict in your life:
1. Eliminate foreseeable risks to others.
We all have those “hindsight is 20/20” moments when a poor choice comes back to bite us. For me, this once came in the form of applying clear fingernail polish, as a “protective layer”, to a very large, freshly-opened blister on the palm of my hand. Bad idea! Yes, I can hear you saying, “Well duh!” Now please perform that same “well duh” exercise in your own life and ask yourself where there may be unreasonable, obvious risks to you and others that can be easily minimized or eliminated. This might include: (a) obeying all traffic laws — including not speeding or texting while driving; (b) limiting your driving on slick roads; (c) removing dangers from your property that may poke, poison, cut, trip, wound, crush, or kill the unsuspecting visitor; (d) obeying your company safety policies; and (e) using your equipment and tools properly with all guards and safety labels in place. Please be especially vigilant if you have or regularly watch children who may not be fully aware of the clear dangers associated with hot tubs, swimming pools, fire pits, dogs, trampolines, motorcycles, and other items that may be especially attractive to their curiosities. For those risks that cannot be eliminated, make sure you warn others of the danger or isolate the risk as much as possible.
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