Smoking Guns

Smoking guns are documented problems that have varying degrees of legal liability attached to them.  Some people, however, use the term loosely to refer to any type of embarrassing document.  The website www.thesmokinggun.com, for example, includes a mix of documents that have as much voyeuristic appeal as they do evidentiary value.

Business records tell the story of our daily business affairs.  Most employees do not realize what a pivotal role they play in a document’s life cycle or the role documents play in protecting their company’s legal health.  Poorly written documents generate unnecessary misunderstandings that detract from the business relationship and, in the worst case scenario, escalate into complaints and lawsuits.   Following the 12 Rules for Avoiding Smoking Guns will ensure that you don’t provide zealous plaintiff’s lawyers with ammunition they can use against you.