Deposition in a conference room made me rethink my whole approach

I was in a deposition last month for a breach of contract case involving a commercial build I subcontracted on. The plaintiff's lawyer kept hammering me about delivery dates, but it was my own lawyer's question that got me. He asked why I didn't just email the GC when the steel was delayed instead of assuming they knew. That simple question made me realize how much I relied on handshake agreements and phone calls in a world where nobody remembers those conversations. Has anyone else had a moment in litigation that forced you to change your record keeping habits?

2 comments

2 Comments

dylanwilliams1d ago

That part about assuming they knew really hits home. I had a similar wakeup call when a subcontractor claimed I never told them about a spec change. I had the phone logs but nothing in writing, and the mediator basically told me my word was worthless without a paper trail. Now I send a quick follow up email after every phone call or handshake deal. Just a "per our conversation" note that takes thirty seconds but saves a ton of headache later.

camerona791d ago

That "per our conversation" habit is smart. Really makes you notice how many everyday misunderstandings happen just because nobody wrote anything down. It's like people expect you to read their minds then get mad when you can't.