NiklasJames.com

Good legal hygiene

If you're in a legally sensitive situation: limit written communication.

That's my # 1 advice for legal hygiene.

• Set WhatsApp groups and texts to 7 days expiration (all messages are auto-deleted after 7 days).

• Avoid emails as much as possible. Sending an emotional, cathartic email essay is the absolute worst thing you can do.

• When emails are necessary, direct them to your attorney and cc: other stakeholders, with the subject line "Attorney-Client Privileged & Confidential" (I've been told this will make the email chain ineligible for discovery).

• When emails can't be directed via/to your attorney, confer with your legal counsel before sending.

• Don't take notes (not even handwritten).

• Communicate via phone or in person.

• Don't chat with AI. Terrible paper trail.

• Advise your partners and stakeholders to limit written communication too.

It's a sad fact that most entrepreneurs, dealmakers, and business owners can end up in legally sensitive situations, especially if successful and/or in the US. I hope you don't, but at least you'll learn a lot. Good luck.

About the author

Hi, Niklas here 🙂📝

This is my journey as an independent sponsor & equity investor.

I publish tactical insights for deal-by-deal private equity.

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