Litigation can be enormously costly for a business.
Boston-based Tarlow Breed Hart & Rodgers, P.C. (TBHR) has
represented businesses on both sides of the litigation table and offers
insights as to how, with proper legal counsel, many lawsuits can be
avoided - or their financial impact reduced - before a dispute arises.
“Hiring an attorney in the earliest stages of any
business transaction is probably the best way to avoid litigation,”
said Mark Furman, a TBHR Member and chairman of the firm’s litigation
department. “While businesses are usually looking for ways to keep
costs down, having an attorney review a contract, a purchase and sale
agreement, a lease or any other legal document before it is signed can
drastically reduce the likelihood of a lawsuit down the road.
Remember, there’s no such thing as a ‘standard’ agreement. An attorney
works to avoid ambiguous language and to make the agreement as
favorable as possible to the client in the event a dispute does arise.”
Some other steps TBHR recommends for businesses to avoid litigation:
- Get it in writing – the days of verbal and handshake agreements
are over. By putting it in writing, you leave nothing to recall
should the other party decide to take legal action.
- Perform background checks on prospective employees and potential business partners.
- Have a thorough and well-drafted Employee Handbook – even if you
employ as few as five people. Putting in writing your company’s
rules and expectations can help you defend your company against
claims by a disgruntled employee.
- Trademark search – before you open your doors, have an attorney do a trademark search on your company name.
- With the help of your attorney, realistically assess the
likely recovery against the estimated costs of the litigation to
make sure the action will be cost-effective.
- Listen to your customers, tenants, employees or whomever it is who has a complaint about your business or service.
“It’s amazing how many lawsuits have started just
because the business owner did not respond or even acknowledge a
complaint. That’s something every business owner can do without the
benefit of retaining counsel,” stated Furman.
About Tarlow, Breed, Hart & Rodgers, P.C.
Formed in 1991, Tarlow, Breed, Hart & Rodgers, P.C.
is committed to providing high quality, comprehensive legal services to
its clients. Featuring a breadth and depth of experience and
perspective usually found only at larger law firms, Tarlow, Breed, Hart
& Rodgers. P.C. offers sophisticated legal counsel to
entrepreneurs, businesses, individuals, families, and institutions.
Tarlow, Breed, Hart & Rodgers’ areas of expertise
include corporate law, employment matters, mergers and acquisitions,
litigation and dispute resolution, estate planning, taxation, real
estate, bankruptcy, and municipal law.
To help clients make informed decisions and achieve
their goals, Tarlow, Breed, Hart & Rodgers P.C. develops creative
customized solutions for its clients by emphasizing careful listening
and considerate evaluation. Utilizing the expertise and collegiality of
the firm’s fifty plus members, associates, and support staff has
consistently resulted in the building of lasting relationships of trust
The offices of Tarlow, Breed, Hart & Rodgers, P.C.
are located at 101 Huntington Avenue, Prudential Center, in Boston, MA
02199. For additional information, or to arrange for a consultation,
please call 1-617-218-2000, e-mail email@example.com, or visit www.tbhr-law.com.