Litigation Avoidance Strategies and Counseling

One of our favorite things to do is to help you keep from getting sued in the first place.

We consider this area of our practice to be the highest expression of our professional responsibility and service to our clients. We offer our clients experienced, practical counsel in any number of risk management areas including the following:

  • Policies and procedures reviews – It is better not to have any employment policies and procedures at all than to be following outdated law or to be applying your policies inconsistently. We can help you review your existing policies and procedures to make sure they are current, legal, and actually give you the protection you think they are.
  • Review of arbitration agreements – California law is very, very picky about employment arbitration agreements, and the law changes frequently. Is your arb agreement enforceable? We can tell you, and if your agreement is not in compliance, we can instruct you on how to implement changes. Do it the wrong way, and even a compliant agreement may not be enforceable.
  • Realtor® Risk Management – We help train your agents in the most current laws, CalBRE requirements, and risk management strategies. With a quarter-century of Realtor® defense under our belts, we offer you invaluable breadth of experience. We want you to benefit from our knowledge.
  • Document Retention and eDiscovery – What you don’t know really can hurt you when it comes to maintaining electronic records, emails, and texts. Let us help you avoid common mistakes that could lead to expensive and protracted litigation down the road.
  • Releases and Waivers of Claims – When it comes time for an employee to separate from your company, for whatever reason, do you know how to protect yourself from future employment practices litigation? We can negotiate a release and waiver that will provide you with maximum legal protection.
  • Pre-Litigation Alternative Dispute Resolution – Sometimes the best way to avoid litigation is to resolve the dispute via informal settlement negotiation or pre-litigation mediation. We can help you make the smart business decision in these circumstances. We can also work with you to make sure your insurance carrier is on board with this powerful litigation avoidance tool.

We are skilled and zealous advocates, but we also know that litigation is inevitably fraught with expense and uncertainty. We can help you plan ahead. Contact our office at 619.503.1437 to learn more about how we can help.