Legal Brief for November, 2010

Creating A Paper Trail

I often receive phone calls from clients about situations they are involved in where a business or person they are dealing with is causing them problems.  It may be a contractor that is not living up to promises about a home renovation project, or a computer supplier is trying to avoid liability for a warranty repair, or other similar situations.  My client will usually tell me that they have made many phone calls to the to the other side, and their calls are not being returned, or that they are getting a different excuse every day or are otherwise being given the proverbial "run around".  The question is then asked: "What can I do?"

The first piece of advice that I give clients in a situation like this is to start documenting things on paper.  This is what is known in the legal trade as "creating a paper trail".  If phone calls are being made and not returned, make sure you keep a log of the dates and times you call and the reason you are calling.  If you have a phone conversation with the other party, and they make a promise or a statement during the call, send them an e-mail or write them a letter in which you confirm what they have stated.  If they don't respond to that e-mail or letter advising that it is not as you have written, then they will be stopped from denying the truth of what you have written if you have to take the matter to court.

If the situation involves something tangible, such as a house construction or home renovations, it is also very helpful to take on ongoing photographic record as well.  It is important when taking pictures that your camera is able to record the date and time of the photo, so that you have proof of when it was taken.

If you send a letter or an e-mail to the other side in a dispute make sure that you keep a paper copy of whatever it is that you have sent, as well as keeping an electronic copy as well if you have the technology available to do that.  Keeping paper copies of your letters and messages allows you to have a full record of what went on with the other party if you are unable to resolve your dispute and you are forced to take legal action.  Lawyers are told early in law school that "people lie and forget, documents don't."

When you are in a dispute situation it is important to bring every resource to bear in your favour that you can.  Having a series of documents and letters that back up your allegations about a situation will help you immensely in obtaining a favourable resolution.