One of the most challenging aspects of effective litigation is gaining an early comprehensive understanding of the historical background of the case. This is vitally important to presenting a factually accurate and legally sound position from the outset and to help insure that there will be no surprises as the case proceeds. A solid document trail is essential to any successful litigation because no matter how sound a witness' memory, it is no substitute for a written account of the facts and circumstances maintained at the time the events occurred.
Every business must anticipate that it will be involved in a dispute at some point in time. It is the rare company that does not become involved in a contract dispute, an employment issue, corporate issues, or other similar matters. It is the cost of doing business. To keep those costs to a minimum proper document organization and maintenance is key.
The most cost effective way to handle a dispute is to start with an accurate factual history. Many cases can be quickly resolved and settled once factual and timing discrepancies are settled. Think of it as a jigsaw puzzle. You can complete the puzzle if you have all the pieces and a picture of what the finished product will look like. Although you can still complete the puzzle without the picture on the box, it will take you far more time. Completing the puzzle without all of the pieces and without the picture is impossible and you would just be spinning your wheels. Litigation is much like this.
The documents and witness testimony are the pieces to the puzzle. From the early stages of the representation, the client meetings create the picture. If all of the pieces are there from the start, building the case, much like building the jigsaw puzzle, becomes much easier. Taking pieces away makes it far more difficult and expensive to build a cost effective and winning strategy. It also makes it far more difficult to set and achieve realistic goals. If too many pieces are missing, litigation becomes risky and often cost prohibitive.
Accurate records should always be maintained and organized. This will not only reduce factual inaccuracies and inconsistencies, it will save money. It will also establish the groundwork for a successful outcome.