Please note, nothing contained herein should be construed as legal advice and the information it provides is of an extremely general nature. Your case or legal issue may require more detailed or contrary legal advice from a licensed professional. No attorney-client relationship is formed in reader’s reliance on this general information.
In the Event of A Dispute or Potential Dispute:
Any claim you have against another is TIME SENSITIVE. There are statutes of limitations that time bar you from bringing claims after a certain date. The deadlines depend on the claims at issue and vary depending on state. Do not wait. Take action once you know or should know of a claim to make your decision on whether you are pursuing the same.
You may have insurance that possibly covers you from liability in whole or in part from a claim against you or provides you defense in the form of an attorney. Review your policies both personal and business as soon as you think someone may have a claim against you or your company. If there is potential coverage, it is your decision if you wish to submit something to your insurance carrier and there are consequences if you chose to submit and consequences if you chose not to submit. Please note that some insurance policies require you as the policy holder to submit notice of a claim or a potential claim by a certain date for coverage to apply.
In the event you become aware of a dispute or even the potential for a dispute, you are required to preserve and maintain any and all documents and files related to the dispute in both hard copy and electronic form. If you fail to maintain such documentation either intentionally or unintentionally, your rights and claims may be seriously and negatively affected and serious sanctions may be levied against you. Therefore it is your responsibility to preserve all documents regardless of their favorable or unfavorable contents related in any manner to the dispute. It is also your obligation to preserve all electronic documents and electronic data including meta data. This means emails must be preserved, electronic files of all kinds must be preserved, websites and social networking pages must be maintained or preserved. Potentially relevant electronic files and data must not be modified or moved from one server to another or one location on a computer or hard drive to another as this destroys critical or crucial possibly discoverable data.
In the event you become aware of a dispute or even the potential for a dispute which involves you or your property or interests, do not discuss or email or otherwise communicate with anyone about the events or circumstances of the dispute other than with a licensed attorney. Information communicated to others may be discoverable in a litigation and could negatively affect the outcome of your case or dispute.
To ensure that potential confidential communications remain confidential, be advised that you must not discuss with any person or third party any attorney client communications, even family members or friends. You must also not forward attorney client email communications to third parties or share the information with others.
Document any communications you may have. If you chose to communicate with adverse parties in a negotiation of a potential dispute or an actual dispute for any reason, document your communication in writing. Send a letter dated, signed and return receipt requested. Obtain fax confirmation sheets for faxed confirmed letter. Send an email and keep a copy of said email memorializing any phone conversations you may have. DO NOT RECORD TELEPHONE CONVERSATIONS with other persons without their knowledge and opportunity to opt out.
If you are in a dispute or a potential dispute arises, do not admit to any wrongdoing without first consulting with legal counsel. Do not sign any document or accept any monies or funds without first verifying that you are not releasing your rights or claims against the other person or party. Alternatively, do not pay any money to resolve a dispute or potential dispute without first obtaining in writing a legally sufficient written release of liability and claims.
If you are facing a legal dispute or a potential future legal dispute where you may be found financially responsible and liable to pay a third party or opposing party, you are limited by state law as to what legal asset protection you may engage in without violating the law. Please note that any transfer of property or monies you make from yourself to another or another entity when you are facing a legal dispute or potential future legal dispute could possibly under applicable state law be considered a fraudulent transfer to avoid a creditor or potential creditor. Seek attorney advice before making transfers of such kind when you are faced with a current or potential future creditor.