There is an axiom, familiar to many lawyers, that lawsuits are won or lost in moves made during pretrial, not so much at trial. I would take it a step further: many times the effective outcome of the lawsuit is determined before anyone even visits an attorney. It is the actions, plans (or lack thereof) and decisions made when entering into or winding down business relationships that create the foundation for lawsuit success or failure. With that in mind, below are my 5 “easy steps” for guaranteeing you will lose your Oklahoma lawsuit:
- Avoid documenting your business relationship in writing.
- Make outlandish, unsupportable promises about what you can deliver during the business relationship.
- Write an email that undermines your strategic position because you are angry.
- Fail to take simple and routine action to protect your intellectual property (such as state trademark registration).
- Submit documents to a government agency that you believe in but which could reasonably be considered false or misleading.
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