By nature, lawyers tend to be reactive and we are trained to respond to crisis and/or problems.  So, it takes a lot of work to develop proactive skills so that we can help our clients avoid problems such as large customer disputes or worse (the dreaded class action).

Over time, we have noticed common themes that are precursors to these kinds of disputes.  We have been sharing them with clients as we train sales staff globally.

Here are some of the themes that can cause enhanced risk and/or liability for a manufacturer:

  • Ignoring communications from outside parties
  • Responding slowly to internal tasks and questions
  • Sending unnecessary, inaccurate or unprofessional internal emails
  • Conducting your own independent analysis/investigation
  • Poor record-keeping (not preserving records)
  • Without specific authorization from management –
    • Commenting on legal/contract issues
    • Revealing internal operations or product details
    • Sharing internal communications
    • Admitting fault or mistake
    • Making a settlement offer
    • Agreeing on a settlement/resolution
    • Signing documents related to a claim/dispute