From the Trenches with David Altshuller
Episode One – What I Wish My Clients Knew About Documents
As a commercial litigator, my clients usually consult me me once an issue or problem has already occurred. Below are best practices that I wish my clients would follow before coming to see me.
- Document Everything – With the current state of technology, we should not have to rely on evidence of verbal discussions or agreements or even observations:
- Insist on written agreements/evidence for anything of value (it goes without saying that you should read the agreement – look for a future episode);
- Send an email or text message confirming an agreement or arrangement or to state that you have not agreed to something;
- Respond to emails and text messages especially where you do not agree with the content;
- Take photographs at the time an event occurs (with time stamps or something to indicate the date and time); and
- Obtain evidence of payments made and received (keep a copy of a cheque or bank draft and obtain a receipt for and photograph cash payments)
- Keep Documents
- Original documents should be copied with the original kept in a safe place (separate from the copy);
- Electronic documents should be kept in folders on your computer or in your email program (and backed up);
- Take screenshots of text messages or whatever form of instant communication or use software to download and save important text messages;
- Photographs should include details to show date, location, and specifics; and
- Don’t rely on the fact that social media posts might still exist at a later point in time.
- Produce Documents to Your Lawyer
Chances are, if you have (or had) a document, someone else also has a copy. The vast majority of information and documents that you provide to your lawyer are covered by the “law of privilege”, which basically means that the documents cannot be disclosed to others without your knowledge and permission (this will be covered in another episode). Your lawyer is in the best position to evaluate how to deal with information and documents, especially information and documents that may be harmful to your case, before you spend lots of time and money in negotiation or litigation.
