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A well-known Caribbean proverb says, “Trouble nuh set like rain,” meaning trouble doesn’t give warning signs as rain does. This highlights a crucial truth: unlike bad weather, adversity often strikes without notice. Many businesses start with proper record-keeping, managing accounts, and formalizing agreements. However, over time, these practices may become lax or never fully established. Some rely solely on trust, leaving no written documentation to back up agreements, which can create serious issues down the line. This is where Murphy’s Law comes in: “Anything that can go wrong will go wrong.” Business owners may find themselves in court, struggling to prove their case without documentation. While no one starts a business expecting disaster, challenges do arise. It’s essential to run your business with the mindset that, if you ever end up in court, your records and agreements will hold up under scrutiny. A simple habit, such as asking, “How would this sound in court?” can help you prepare for potential legal challenges. What might seem clear to you could look different to a judge. In court, the judge evaluates the evidence—or lack thereof—to decide the case. By adopting preventative strategies, you’ll appreciate the role of evidence and operate your business in a way that ensures your dealings are sound.
[1] Evidence in Business In any trial, evidence is crucial to proving a case. A cause of action gives a party the right to be heard in court, but it’s the evidence that builds the case. Both criminal and civil proceedings require parties to disclose the evidence they intend to use. In criminal cases, however, the defense isn’t required to disclose its evidence before trial. Evidence is governed by rules that determine what is admissible, excluding some while allowing others. In essence, evidence helps prove or disprove the disputed facts of the case. The Evidence Act of Belize defines “document” broadly to include books, maps, graphs, drawings, photographs, and electronic devices that can reproduce sound, data, or visual images. A lack of evidence creates “gaps” in a case, which a judge or jury may have to fill. These gaps can either help or harm a party’s position. Sometimes, surrounding details—known as circumstantial evidence—are used to fill these gaps. In the rush of daily business activities, it’s easy to overlook receipts, documents, and phone conversations. However, these details can become critical pieces of evidence if disputes arise. Even screenshots of messages can support a case. Documenting and preserving this information can make a significant difference when resolving legal issues.
Strategies for Businesses
1. Keep Records of Everything
Memories fade and running a business can make it easy to lose track of key information and documents. Implementing a file management system with clear identifiers for your customers will help you locate relevant information quickly. Receipts serve as tangible proof of transactions, helping establish timelines, verify claims, and support testimony in legal disputes. They can also demonstrate consistency in financial records and help with contract enforcement or breach of contract claims. Many businesses have moved away from manual logging, so if you’re more tech-savvy, consider
using digital record-keeping tools with reliable backup systems. Digital records provide a safe, organized, and accessible way to store important information.
2.
Reduce Oral Agreements to Writing In some situations, the stakes in an agreement may not justify formalizing every transaction. But when there’s a lot at risk, it’s vital to put oral agreements in writing. Even a simple draft on paper, signed by both parties, can serve as evidence of the mutual intention to form, and execute the agreement. Alternatively, confirming agreements via email or text messages is a practical approach. In smaller markets, many commercial agreements are made quickly. Contrary to popular belief, business is often personal as well as professional. A screenshot of a text message or email confirmation can be used as evidence in court Written confirmations also clarify terms and allow the other party to confirm or correct any misunderstandings. This ensures both parties are aligned in their understanding of the agreement.
3.
Use Email Notes to Self
If sending an email or text message confirmation feels uncomfortable, another option is to email yourself a “note to self.” Emails generate valuable bio-data such as time, date, and sender information. By emailing yourself, you can document facts or recollections of a conversation while they are still fresh in your mind or contemporaneous with the event. Legal disputes often arise over whether an event occurred on a specific date and time. While the weight of a “note to self” email is up to the judge’s discretion, it’s a practical strategy for busy professionals. Creating a dedicated email account for this purpose can help you maintain a clear paper trail and chronological record of events. When using this method, include as much detail as possible to ensure accuracy and clarity.
4.
Be Impeccable with Your Word A contract can be breached in various ways, with one common breach being the failure to fulfill your obligations—essentially, breaking your promise. Words are powerful, and miscommunication can cause significant issues in business. Your word must carry weight. Only commit to what you can deliver. Honest communication fosters trust and consistency in business relationships. Even if a venture fails, being truthful strengthens your position and preserves your integrity. Conclusion Stephen Covey, in his book 7 Habits of Highly Effective People, suggests beginning with the end in mind. While you may have lawyers to resolve legal issues, you can put yourself in a stronger position by adopting proactive strategies. Keep detailed records, formalize agreements in writing, and practice impeccability with your words. These habits will protect your business from legal vulnerabilities and help you weather any challenges. Finally, as the Caribbean proverb advises: “Nuh wait till drum beat before you grind yuh axe.” Translation: Don’t wait for trouble to prepare—be ready for all eventualities.
Immanuel P.O. Williams is an Associate at Glenn D. Godfrey & Co. LLP. You can reach
him at immanuel@godfreylaw.net or visit godfreylaw.net. This article is for general information and not legal advice.