Sometimes in business we talk about checking someone’s bona fides. This can mean different things. For example, a commercial credit check. Or a quick look for whether the person or business has been through bankruptcy or other litigation. These are fairly easy if you pay for access to the right tools.
There is another type of bona fide check that an attorney is best suited to do. This is a check whether, in case the potential partner does something bad, will you be able to sue them? Unfortunately people don’t typically consider this question until it actually is an issue. And, turns out, when this question becomes an issue, it frequently is an issue with a partner whom you can’t sue at all or can’t sue easily.
It’s almost as if being able to sue someone makes it more likely that they will not give you a reason to sue them. Strange, huh?
