I would suggest being pre-emptive. From an employer-employee perspective, I would ask employers to go through their policies and manuals to make sure owners and managers are complying with state and federal labor laws and discrimination laws. Make sure files are filled up when incidents take place, no matter how minor, etc. Because if this is NOT done, companies open themselves up to liability down the road, which can be huge these days in the labor/employment area.
From a business perspective, I’d allow trusted lawyers to help negotiate contracts, rather than pulling one off the internet or using the same obsolete contract for years that’s missing indemnifications, warranties, representations, etc. Many small to mid-size businesses want to save money … and they will up-front, but not if the relationship goes bad and the vendor agreement doesn’t protect the business. Other reasons for not hiring an attorney to negotiate is because they assume that the contract is NOT negotiable … I find most things are if you say the right things to the right people.
My approach is really just pre-emptive. Sure, I could make double or more in litigation, but I don’t think that’s productive for the client.