Bill Kanasky, Jr., Ph.D. talks about the critical importance of preparation for litigation, and particularly early preparation. Bill discusses the risks for the defense by not being prepared and the costs for not being prepared. Bill talks about steps to take before litigation even strikes:
1. Education: Identify people who will be involved in litigation and/or likely to get deposed in a future lawsuit and educate them on the litigation process and start to train them as witnesses in advance;
2. Review and edit all documentation: Policies & procedures; training manuals; employee handbooks; websites - the language in these materials often set an idealistic standard that opposing counsel will use against the corporation; review, edit, and update immediately. Communication and enforcement of the policies and procedures is key;
3. Review and revise hiring practices - Revisit your hiring practices to feel confident about your hiring protocols; hire an attorney to review your policies and procedures and hiring practices to identify your vulnerabilities;
4. Create a litigation crisis plan - Develop a plan and communicate it to all the key personnel; be sure everyone understands what to do and what not to do when there is an incident.