Publications
So What Do You Do?
In the era before e-mail, courtrooms were dominated by conflicting recollections about what was said - the classic "my word against your word" battle. People tend to recollect things as they intended them to be, which can often be different than what actually happened. So you would get a good faith dispute between the person who claimed "you said you accepted the deal" versus the "I never said that. I said I would do the deal only if you cut the price." The inability of either side to prove the content of the communication led to compromises and settlements.
In the 21st century, however, the "my word against your word battle" is being replaced by the "my e-mail against your e-mail" battle. E-mail takes the dispute out of what was said and when it was said. And it cannot be stressed enough that "maybe that's what I said, but that's not what I meant" is not a defense.
The only solution to this problem is that executives who deal in e-mail, particularly in contexts in which damaging contracts or other commitments might be inadvertently communicated, need to be trained in what to say, what not to say, how to respond to the situations they typically face, and when to consult counsel. We offer such training on a customized, client-specific basis. The training includes methods by which to spot the danger signals of a binding commitment, and client-specific, "canned" written responses for foreseeable situations, all designed to avoid the accidental contracts that waste time and cost money.
This kind of knowledge must become a standard part of every executive's intellectual capital. We know from experience that, literally, most businesses and business people cannot afford to create the written record that e-mail generates, without also knowing the legal consequences of what they are producing.
Counsel Consulting Group LLC helps companies throughout the United States avoid employment and HR-related claims and liabilities. CCG assesses existing policies, procedures and problem areas; it provides customized liability-avoidance training to managers and executives; and it designs and implements business techniques that reduce employment liability risks on a long term basis. CCG also offers specialized workshops for managers and HR executives, customized consulting in focused employment-related areas, and CD-ROM and web-based training alternatives. For more information, contact us at info@powelltrachtman.com and visit our website at www.counselconsulting.com.
Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.
