These days, cases are filed due to the negligence of documenting oral advice and while majority of clients may still give little importance to this, its effect can create a serious damage to the business. This is why it is every business owner’s responsibility to document oral advice especially if it involves information that is beneficial to the company. Lawyers will consider the defense weak if no strong evidence is presented. When documenting oral advice, some key items or essential details must be present. Documentation that lacks essential information can be compared to an undocumented oral advice. The documents’ principal rule: if it’s not there, it did not happen.
All You Need To Know About Documenting Oral Advice
There are sensitive issues concerning your business that require advice from experts and it does carry weight especially if you are going to use this in defense for any claims. The documentation is more than enough to strengthen any claim and it serves as a way to validate any agreement or discussion that took place. It is also necessary that you include some essential details such as the date of the discussion, the names of participants, the facts that have been provided, and any considerations that the advisor may have given, notice that proves there was no legal advice provided and the items that show recommendations and other additional actions that have to be taken.
Business operations will also receive unsolicited advice especially regarding the approaches that must be used for the betterment of client operation. While these are considered useful and something that the client can benefit from, it is necessary that the advice must be documented following a specific format.
The discussion is documented with the use of firm working papers, but this should also include some essential information such as the recommendations and the name of the people involved in the discussion including the a third party if present. These documents need to be written in vivid details because if there are any allegations, the documentation will be instrumental for the resolution.
Giving oral advice may seem like a very simple way to provide suggestions but it can have a deleterious effect if this is not taken seriously. For matters that can create a huge impact on your business, a document should be kept in mind. Documentation is not just about an issue of trust but a matter of clarifying things especially when you need to use the advice for your future endeavors. It can save you a costly trip to the court as you defend yourself against allegations.
