1. How to Avoid Risk and Expensive Litigation
American Funeral Director
August 2005
Richard M. Williams Esq.

2. Training single most important principle initial and ongoing
at every level of service
The Golden Rule

3. Disclosure and Communication
Second most frequent cause of litigation is failure to disclose the nature of services to consumers.
Carefully go over forms and paperwork.
Answer questions.
Avoid “they never told me that”.

4. Recordkeeping Written records provide the best defense.
Proper forms and contracts.
Helps to avoid risk, mistakes, and potential litigation.

5. Customer Satisfaction
A satisfied customer, even when mistakes have been made, will rarely resort to litigation.
Attorneys may encourage the FH to do “whatever it takes”.
Obtain a written release.

6. Insurance for Risk
Proper insurance will not generally avoid mistakes being made but it will provide protection and a sense of security.
Consult a qualified insurance professional.
Require proof of insurance from subcontractors.

7. Risk management and litigation avoidance is an ongoing issue.
Just as continual upgrading of practices and facilities is important to provide the highest level of service, an ongoing awareness of risk management and litigation avoidance is critical.

8. Factors that Minimize Risk
awareness of heightened obligation
proper training and supervision
proper and complete disclosure
communication
proper recordkeeping
procurement of insurance
satisfying the customer’s needs