Every resolved litigation should instruct us and our clients

I have previously written about post mortems, aka after-action reviews (See my posts of Dec. 10, 2005 and April 2, 2005.). Some law departments reflect back on major matters to see what they can glean from them that will help them handle similar matters. Some departments use post mortems to give guidance to business as to what to do to prevent future problems.

I suspect that every lawsuit harbors many lessons for how the business could operate more effectively so that a recurrence becomes less likely. Even if a change in procedure can’t prevent an irrational or nuisance lawsuit, the new way of working might lessen the liability or improve the defenses.

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