5 Things You Should Remember to Secure Evidence for Potential Lawsuit

When it comes to litigation, securing evidence becomes one of the most essential part of winning strategy. Here are 5 things you should remember to secure essential evidence before you commence a lawsuit.

  1. Make it a rule to make a Written Contract

A written contract, whatever the title is, a bundle of terms with both parties’ signature, is one of the most efficient way to explain court the content of overall contract matters.

When both parties goes into a consecutive and multiple transactions for a long period, they are likely to proceed transactions with only invoices and emails. However, it is still wise to make a overall contract regulating the consecutive, multiple transactions in advance, and attaching essential terms of the contract onto each invoice accordingly.

2. Do not delete your emails regarding the transactions

People delete old emails without much attention. Sometimes they press the button “delete permanently” instead of “move to trash”.

If you wish to secure evidence in a potential lawsuit, however, you’d better not to delete the email before you make sure the transaction is safely done.

When your email account storage is running out, downloading old emails in your private storage could be an alternative.

3. Recording can be a game-changer

When you and your business partner do not have enough time to produce a written contract or write an detailed email, recording conversation can be useful for further potential litigation.

Of course, your business partner won’t like the situation of his/her conversation to be recorded by you without prior notice. However, in South Korea, it is not illegal for a person to record a conversation which he or she is in.

Therefore, it depends on you whether to obtain consent from your business partner about recording before the conversation.

4. Obtain Written Statement from Witness before it is too late

In case of an accident, people ask for colleagues / by-standers to appear court as witness later, when necessary. Most colleagues / by-standers promise to appear court as witness on the spot.

However, when you proceed a lawsuit and several weeks or months have passed, they just answer like: “sorry, I’m busy”, “it’s a burden for me to appear court as witness”.

Considering above, it will be a good strategy to obtain a written statement from potential witness before it is too late, when he or she wants to help you as witness.

When obtaining a written statement, do not forget to get a copy of his / her ID, and relevant certificate to prove the genuineness of written statement.

5. Keep your hard-copies in scanned file and back up regularly

When you make every transaction, you will get some hard copies regarding the transaction.

Remember that hard copies are like to disappear, when you need it years later.

To prepare for potential legal dispute, get your hard copies scanned and keep those in a digital storage in PDF / image file. And back up those files regularly in a separate storage.