Litigation Prevention Program

It happens all too often. Clients seek legal support after a smoldering set of circumstances has erupted into a lawsuit. Litigation is a very expensive process, both financially and in terms of such things as preoccupation of key executives, use of staff resources, disruption of business operations, loss of business opportunities, damage to the company’s reputation and business relationships, or potentially harmful impact on the business infrastructure.

Sometimes, litigation is the best, or only, way to resolve a dispute. However, more typically it is the end point of a process that began much earlier and potentially could have been resolved then with less cost and fewer headaches merely by applying some foresight and precautionary measures. Generally speaking, it is almost always better to avoid a lawsuit than to defend one.

The Litigation Prevention program at Lagerlof, Senecal, Gosney & Kruse LLP works collaboratively with clients to uncover and address vulnerabilities before they escalate into costly lawsuits. At the same time, we help clients minimize their exposure and/or the severity of litigation, should it prove unavoidable. Our fresh outside perspective enables us to spot problem areas that often can escape detection by those too close to the situation.
Our systematic approach begins with a thorough analysis of business operations to identify problems and vulnerabilities. The analysis culminates in a report summarizing vulnerabilities identified, with recommended corrective or preventive measures.

The program is tailored to each client’s unique set of circumstances. As relevant, it will seek to:

  • Assure that the business is organized properly, and that legal formalities have been properly documented.
  • Assure that the necessary separation exists between the business and its owners/leaders.
  • Examine historical activity to identify where disputes are most likely to arise.
  • Uncover and neutralize liability “hot spots.”
  • Create an early warning system to detect potential problems in the early stages.
  • Review the business’s corporate funding and insurance profiles.
  • Evaluate the effectiveness of Indemnity, hold harmless and similar provisions.
  • Develop procedures to address emerging issues early on and quickly deploy resources.
  • Review key contracts, policies and procedures to identify areas of potential exposure.
  • Review documentation and record keeping practices to assure that risks are minimized.
  • Review quality control programs and practices.
  • Strengthen harassment, diversity and related training and intervention programs.
  • Implement processes to capture and save pertinent information should an incident arise.
  • Superfund sites and related issues

In Benjamin Franklin’s own words, “An ounce of prevention is worth a pound of cure.” Our Litigation Prevention program will give you the peace of mind that the risk of becoming involved in costly litigation has been minimized.