Tuesday, 1 April 2014

Two ways to take care of lawsuits in litigious America



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.

America of today is very different from the United States of the 1950s. People are more litigious today. At the same time, there are more opportunities for business. In these circumstances, a wise strategy for individuals and businesses is to consult veteran lawyers regularly and act quickly when malevolent litigations arise.

1 comment:

  1. Interesting post! These mentioned two points must be share with everyone.
    Thanks

    ReplyDelete