Hiring an Amateur Can Mean a Potential Lawsuit for Your Business

By: Dina Giolitto

These days, everyone's looking to save a buck. But if you plan
to cut corners by using a fledgling copywriter or marketer,
expect to put the money you just saved towards a really good
lawyer. Because you may just find yourself in court.

Lawsuits abound in today's world. Lots of people are more than
willing to sue at the drop of a hat. No one wants to think that
they "know" anyone like this, but the truth is, this planet is
crawling with lawsuit-happy consumers who can make your life a
living hell. You may think, "Oh, I'm just a small start-up; no
one would bother trying to get money out of me!" But do you know
this for a fact? Even if you're miniscule now, you want to grow
your business. With any luck, one day you'll be earning more
than just a comfortable living. The best way to ensure your
legal protection in the future is to start practicing caution
today.

How does this relate to your advertising, and who you hire to
work for you? Every bit of written material put out by your
company is a statement issued by you. If you hire someone who
has little to no experience in the real world, you'd better be
on top of them at all times. You'd better make sure that what
they're creating for your company doesn't contain any legal
"loopholes" or claims you can't fulfill. Because as soon as your
advertising makes a statement about anything, someone will try
and hold you responsible. They might even seek legal counsel on
the matter. Yes, what you say can and will be held against
you in a court of law.

I worked for the "R"Us family of stores for seven years, writing
and editing everything from catalog copy to sales promotions to
coupons to informative marketing mailers. Nearly everything said
in our ads was supported by a legal disclaimer that prevented
the company from being held responsible for any "unforseen
events" that might occur as an indirect result of our
statements. At the time, these legalities posed a great
annoyance to our department, slowing down progress and hampering
creativity. But today, I'm incredibly grateful for the
"extensive legal training" I received while working there.

What are some examples of loose-lipped writing that can land you
in legal hot water? What situations might you get yourself into
in today's fast-paced, maximum-output world of marketers?

E-books are hot right now. Everyone wants one, and they want it
yesterday. But beware the trouble of an untrained eye taking
control of your e-book content! Last year, I worked for a small
start-up company. They wanted an e-book written fast, so they
hired an unpaid intern. Although the e-book served its purpose
well, it was riddled with statements that could get us in
trouble! Why? Our e-book was for children. In it, we had
included a long list of ways kids could spread holiday cheer.
One entry was something to the effect of, "Offer to help your
neighbor carry in the groceries." Innocuous as it may seem, the
end result of this remark could be some parent taking us to
court because their child went out and tried to assist some
unsavory character, and was abducted in the process! Heaven
forbid, but nothing's impossible. In our e-book, we took care to
state "Never do anything without first asking permission from
your parents" - many times, and in many ways.

Article content: seems like everyone wants it in mass
quantities. But how smart is it to hire a wet-behind-the-ears
intern to write pages and pages of information and then publish
it under your company name? One little slip-up, and guess who's
getting a subpoena in the mail. Not the intern! I recently wrote
an article on credit card debt elimination. As I was crafting my
copy, I kept stumbling over "red flag" statements that could
prove troublesome. "Some debt consolidation companies may even
be able to erase the interest fees you've accrued." Was that
true?? If it wasn't, somebody might be getting an earful down
the road. It's difficult to know what information found on the
internet is accurate, or just somebody's assertion. If you're
not sure - disclaim! Or, simply avoid commenting.

Coupons and limited time offers that aren't properly disclaimed
can cost you money. Say you run a sale on your website, but you
forget to include start and end dates. If the sale prices are
valid in January but you don't tell your customers, someone
could very well come along and demand a discount in May! Or what
if you post an ad for your business offering 50% off all design
jobs but you forget to exclude the really high-end projects? You
could find yourself working on an extensive web-design job
that's only bringing in five hundred dollars when it could have
made you a thousand!

What about your return policy? You want to be known as a company
with its customers' best interest in mind - but what if your
return policy is so open-ended, it leaves you vulnerable to
excessive returns, when in fact there is really nothing wrong
with what you offer? I worked for an e-greeting company this
summer. How is an e-greeting company supposed to guarantee
"customer satisfaction?" It's not possible! So, in such a case,
a statement like this has to go. Would a newborn to the industry
have the foresight to make such decisions? My guess is no.

Do you sell products via the web? Anything that poses a safety
threat should be disclaimed to avoid future legal headaches and
thousands of dollars lost. Everything from over-the-counter
drugs to children's products to baby clothes to automobile parts
to finances must be shielded from potential legal action. Never
thought about legal ramifications? Best to get an expert's
advice before going forward with your business plan.

Still thinking of hiring a novice to help you run your business?
Think again. A little extra money spent now can mean a ton of
money saved later. Hire a copywriter or marketer with corporate
experience, who will exercise legal caution in your business
writing and provide financial security for your future. Who
knows... you may never even need that lawyer.

Copyright 2005 Dina Giolitto. All rights reserved.

Dina Giolitto:
Dina Giolitto is a New-Jersey based Copywriting Consultant with
nine years' industry experience. Her current focus is web
content and web marketing for a multitude of products and
services although the bulk of her experience lies in retail for
big-name companies like Toys"R"Us. Visit
http://www.wordfeeder.com" for rates and samples.