Protect Yourself from Business Lawsuits.

• Author: Diamond, Michael H.
• Position: Review

by Thomas A. Schweich

Published by Scribner, New York, 223 pages, $24.00

REVIEWED BY MICHAEL H. DIAMOND

Those of us who make our living at the corporate defense bar often wish for the perfect client - the company where no one ever goes beyond the boundaries of his or her job, where everything that is written supports the company's legal position, where no one has made notes of anything negative or stupid, where executives and subordinates never question, particularly in writing, what the company is doing, and where contracts are crystal clear and anticipate every contingency. Of course, what we usually get are notes we wish never existed, promises that could not possibly be kept, speculations that sound too much like intentions and contracts that have holes in them large enough to accommodate a Boeing 747.

The goal of Thomas A. Schweich in his book Protect Yourself From Business Lawsuits is to show companies how to move closer to the model that defense lawyers dream about. Mr. Schweich, a litigation partner in a large international law firm, has written what he describes as a "how-to book" containing what he labels the "Eight Big Mistakes" that get companies into legal trouble. He then lists the "Four Shields," which a company can use to proactively protect itself from lawsuits. By describing, using clear examples, how companies and their employees are often their own worst enemies, Mr. Schweich presents many suggestions that can be extremely helpful in either avoiding litigation or making sure that the record is as strong as it can be if litigation does take place.

While the book contains numerous ideas that have broad, general applicability, its primary focus is on problems that companies face in their day-to-day operations, particularly in their relationships with other companies. The examples used and the issues discussed arise mainly from contractor/customer or supplier/customer relationships. Within those contexts, the book provides a litany of the mistakes companies make. Their employees write too much down, and do so carelessly, overestimate the company's abilities to accomplish a task or the efficiency with which it can do it, speculate about matters outside their area of expertise, and cover up or ignore problems in production or performance.

The presentation of these and others of the "Eight Big Mistakes" takes up the bulk of the book, and is a straightforward plea for caution and good sense in operating the company's business...