There is not a more pertinent demonstration of
how litigation-friendly the contemporary American society has become than the
case of a four-year-old child in New
York. In April 2009, as the child was trailing wheels
when her 87-year-old grandmother, Claire Menagh, passed by him. The child
stumbled into Menagh. She fell, broke her lip, and consequently, died. The old
woman’s estate sued the child for negligence. To everyone’s astonishment, a
judge let the case proceed; citing similar cases from the 1920s. Unfortunate,
though the incident is, it highlights a widespread malaise in modern society,
that is always too eager to push the “sue” button. There is often little or no
regard for consequences.
The purpose of sharing the story of this New York kid is not to
scare readers. On the contrary, it is to raise awareness about the modern
litigious American society, so that individuals, particularly businesses, can
prepare themselves for unwanted and untoward legal situations. There is perhaps
no one who knows the current worrisome situation better than veteran New York lawyer, Hartley Bernstein. He has spent his
entire professional life representing his clients in federal and state courts.
He currently runs a successful practice in New York. His advice to individuals and
businesses, wanting to avoid litigation costs and headaches, is to be prepared.
This article presents two time-tested Hartley Bernstein techniques, which
individuals and businesses can adopt to avoid finding themselves in the same
situation, as that poor four-year-old.
(a) Act quickly
There is not a more effective and quicker way to
resolve new litigation cases than when they spring up. As the old English
saying goes, it is better to nip in the bud. An effective way to act quickly is
to stay prepared. It is less costly, and troublesome, to keep a veteran lawyer
like Hartley Bernstein, on one’s
side than scramble for a lawyer when a problem raises its head.
(b) Regular consultations
Precaution is better than cure. This saying holds
as true in law, as in medicine. One can avoid mistakes by adopting a simple
strategy of scheduling periodic consultations with a veteran New York lawyer like Hartley Bernstein. A lawyer goes through a firm, or an individual’s,
plans and cross checks them for their compatibility with the law. Consultations
alone can save businesses a lot of money and time on avoidable lawsuits.
Interesting post! These mentioned two points must be share with everyone.
ReplyDeleteThanks