Why Litigation Needs Early Prevention

The saying, "An ounce of prevention is worth a pound of cure?" is a sentiment that's certainly true in the law. Early prevention — both in terms of advice and counsel and proactive action - can help a company before problems arise and become even more difficult to solve.

What Constitutes Early Prevention?

Early prevention involves working with a trusted law firm to prevent legal problems from escalating beyond their current state. When would someone use it? Whenever the issues start to become more complicated or difficult than they should be or involve legal issues that a client needs guidance or help with. Because legal problems arise in real-time — and evolve in real-time — having an attorney involved from the beginning can help mitigate any problems as they come up.

The process of early prevention enables attorneys to help clients keep the main problem from splintering into secondary issues. Legal problems commonly occur in clusters and one may trigger others. Additionally, it is almost always more cost-effective to address a problem when the attorney is able to help shape action and strategize with the client prior to potential litigation as that can result in a resolution without a lawsuit.

In short, the need for early prevention is not always easily identifiable at the moment, but know it's a powerful tool in preventing problems from spreading and worsening once they arise. Our firm regularly provides advice and counsel to hundreds of businesses throughout the state and the nation, and we are available to help guide and inform a client's decisions as issues arise.

What Help is Provided During Early Prevention?

Early prevention is only effective in assisting clients if it prevents the escalation of problems while catching and dismantling other issues that are forming as they form. When attorneys are pulled in early, they can do the following:

  • Connect clients with resources. Preventative measures often occur outside the courtroom. Sometimes a client's legal problem involves tax issues, bankruptcy issues, or areas within the purview of an expert such as a construction professional. Business issues are not always one-dimensional, and a good attorney knows what team the client will need. By enabling our clients to have all the resources they need early on we set them up for success.
  • Get advice. Some questions are best saved for a lawyer who has the legal knowledge, skills, and education needed to help individuals understand their rights or responsibilities. Attorneys know how to apply and interpret specific laws as needed under specific circumstances, so they're equipped to offer helpful, relevant advice to a client looking for the best way to move forward. Additionally, legal claims have associated deadlines or 'statutes of limitations, and it is critically important to know what those deadlines are so that rights are not lost. Our firm has years of experience in multiple areas of the law specific to businesses, and for the majority of disputes or issues, we have handled similar matters in the past.
  • Settle problems before escalation. Sometimes the best way to make a problem disappear is by negotiating with the other party and, if the terms make sense, settling. Early settlements can sometimes prevent litigation and save both sides from extending legal problems or hostility any longer than needed. Often, settlements will present a cheaper option for both sides. At the least, if the resolution is not possible clients generally have much greater information about the other side and what the claims and defenses will be, which assists in prosecuting or defending litigation that has to be pursued.

Early prevention can make a difference for clients as they traverse complicated legal issues and disputes. Experienced lawyers listen and lead their clients toward better legal decisions and better futures alike. If you've searched "litigation attorney in my area" and want to work with the Krogh & Decker, LLP team today as part of your early prevention efforts, get in touch today. We look forward to talking soon.


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