Litigation Management

In-House Counsel

Litigation Management

S. Ramaswamy | February 2015

BACKGROUND

Litigation across the world has become very complex, time consuming and expensive. Judiciary is burdened with cases which often drag on for number of years. This poses a serious challenge to organisations to do business.

My three decades of experience as a General Counsel has taught me the following methods of Litigation Management which is explained below for all. Hope you all benefit by the same.

FACTORS WHICH GOVERN LITIGATION

STEPS: ORGANISATION NEEDS TO TAKE TO MINIMISE RISK OF LITIGATION AND USHER IN CORPORATE COMPLIANCE.

In Summary I recommend the following:

SIX STEPS TO PREVENT /MINIMISE LITIGATION

Rapport and communication between External Agencies and Company/ Intermediaries go a long way towards better understanding.
Rationale on behalf of Company/ Intermediaries in what is being done should be adequately documented with all available documentary supports.
Records should be prepared carefully, be complete, accurate, legible, relevant, timely and generously informative.
Remarks being made with External Agencies should be made with a certain degree of caution.
Treat External Agencies with respect, empathy and a humanistic approach.
Results of the outcome of reports should be shared carefully with the External Agencies to satisfy them of fair process involved.

About Author

S. Ramaswamy

S. Ramaswamy is Vice President, General Counsel & Company Secretary for JCB India Ltd. Views are personal and do not intend to reflect any political bias.