Quote of the Day - Documentation is like sex: when it is good, it is very, very good; and when it is bad, it is better than nothing.
In addition to doing the opposite of that “top-ten” list of no-nos in the archives, documentation is likely one of the strongest defenses. Lawyers search through the other side’s case looking for the infamous “smoking gun.” If you’ve kept your paperwork in order, you’ve probably got the means to overcome any “smoking gun” they may find.
Even if you don’t have the documentation, keep your insurance policies. Find them and lock them in a fireproof safe. That way, if the sharks start circling, you can turn a covered claim over to your insurance company to both defend you and pay any judgment that might come along.
One of my clients came to me with a large toxic contamination matter that went as far back as the late 1960's when insurance policies did not contain pollution exclusions. Unfortunately, his dad had all of his files stored in a garage, which had burned down two weeks earlier.