by Wilton H. Strickland

My posts thus far have offered tips for attorneys, but it’s important to remember that I provide services to the general public as well. In that vein I would like to encourage everyone to follow a simple piece of advice: put your agreements and communications regarding potential disputes into writing. While this might seem self-evident to many, for many others it is not, and the latter often find themselves ensnared in litigation as a result.

Not long ago I represented a gentleman in Kalispell who restores vintage automobiles and for the previous twenty-five years had done business solely on a handshake. As a Floridian I found this somewhat reckless, yet I have learned that a large number of Montanans do business this way, reflecting a level of trust and good faith that is all but extinct elsewhere (indeed, it’s one of the reasons I enjoy living here now). Unfortunately, the modern world caught up to my client and pulled him into his first lawsuit ever, as one of his customers accused him of going beyond the scope of their verbal agreement to restore a 1930 Model A pickup truck. Because the agreement was verbal, the dispute degenerated into a “he said, she said” that consumed a good deal of time and energy. The experience traumatized my client, causing him to lose weight, sleep, and some of his confidence in our legal system, but I told him that enduring a single lawsuit after so many years in business should be a source of pride. We eventually settled the case, but I am fairly sure that he puts all of his agreements in writing now.

Regardless of whether you find yourself entering agreements as part of a business, there are countless situations where reducing things to writing can save you a world of hurt. You might be discussing rent, repairs, or expenses with a landlord. You might wish to charge rent to someone staying at your house for a few months. You might be lending money to a friend or a family member. You might have purchased a defective product. You might wish to complain about something in the workplace. For these situations and more, write out what you need to say, sign it, and be sure to keep a paper copy for your records. If a dispute emerges and there is no writing, I can almost guarantee you that whatever was said will be treated as though it never happened. As the old saying goes, “An ounce of prevention is worth a pound of cure.”

In closing, I should pause to note that I am happy to prepare or review these sorts of documents to help you avoid a litigation minefield. If you wish to put your own words in writing, or if you are considering a writing that you have received from someone else, I can help.