Most organizations use policy or instruction manuals either that have been developed internally or that have come from third-party sources. Such manuals should be prepared and reviewed carefully. The following are 10 considerations to keep in mind when preparing or reviewing manuals:
A manual sets "standards." You will be held to the language in your manuals. Be prepared to explain and defend every word in them.
Date your materials so you know how old they are and so you can properly and timely update or destroy them (pursuant to a well-conceived document retention policy, of course).
All of your manuals should be reviewed and updated as necessary at least annually by someone in your organization with the "big picture" in mind and, preferably, by an attorney with litigation experience who knows your business.
Beware of off-the-shelf products. Often, such products do not meet your particular needs.
Use proper grammar, spelling and punctuation.
Leave out cheerleading and do not try to be funny.
Leave yourself an out. Be very cautious when using words or phrases like "never," "always," "must," "make sure," "dangerous," "negligent," or "accident waiting to happen."
Do not set standards or practices that are impossible to reach. Do not ascribe to someone a task or duty that they do not actually do in practice.
Do not try to articulate rules or standards based upon too many variables.
Prepare, review and use visual materials such as signage in the same way that you treat written materials.
The attorneys at FWW are happy to assist you in your manual review process. Please contact the FWW Litigation Group with questions or for guidance at 503.228.6044 or at any of our email addresses below.
Brad Stanfordhas assessed and managed clients' risks and successfully litigated cases involving such diverse matters as business disputes, product liability, personal injury, insurance coverage, class actions, environmental matters, wage and hour and other employment issues, and real estate disputes for over 30 years. Brad considers his clients' business objectives and financial considerations when collaborating on litigation strategy. He has extensive courtroom experience and has tried many cases.Brad was named as one of the Best Lawyers in America 2016-2019 in the fields of Commercial Litigation, Product Liability - Defendants, and Personal Injury Litigation - Defendants and selected to the Oregon Super Lawyers list for thirteen straight years for Commercial Litigation.
Kim McGair'spractice emphasizes a wide range of litigation matters including employment, commercial litigation, commercial collections, personal injury defense, and real estate litigation. She is an advocate for her clients and provides them with sensible advice and strong representation to protect their interests and help them achieve their objectives as efficiently as possible. Kim was selected by her peers for inclusion in the Best Lawyers in America 2018-2019 in the area of Commercial Litigation.
Trish Walshfocuses her practice in the areas of litigation and employment law, protecting clients' interests inside and outside the courtroom, including at the trial-court level and on appeal. She practices in a wide-variety of civil litigation areas including complex commercial, employment and debtor-creditor, offering a broad range of services to our business and financial clients.
The contents of this publication are intended for general information only and should not be construed as legal advice or opinion on specific facts and circumstances.
