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REDUCING THE RISK OF LITIGATION AND LITIGATION COSTS IN THE UNITED STATES



"Lawsuit, n. a machine which you go into as a pig and come out as a sausage."



Ambrose Bierce (1842--c 1914)



Litigation is like coming down with the common cold. There are things we can do to lower the risks: we can take vitamins, wash our hands and stay out of drafts, but we can't altogether eliminate the prospect of catching one anyway, although if this should happen, we hope that because of our actions, it will be less severe.

To reduce the risks of litigation or the costs of litigation when it occurs involves establishing constructive relations with your client, assessing its transactional partners and paying close attention to the manner in which risks are allocated in the contractual relationships it is considering.

1. The Mindset: Limiting Tangible Risks

Managing litigation risks, like managing other kinds of risks, entails making a dispassionate assessment of reality.......

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Approximate Word Count: 6365
Approximate Pages: 26 (250 words per double-spaced page)

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