HOW SMART BUSINESSES USE LAWYERS’ SKILLS

 

When using the services of a lawyer,  a business owner should keep in mind certain factors that promote the utility of the lawyer for many aspects of the business.  A lawyer will often have many general skills that you can make good use of.   It is a good idea to identify your needs and match the skills of the lawyer you intend to retain.

Good and experienced lawyers place a premium on the value of early assessment of the merits of pursuing a litigated strategy only if it is needed, and the device of a plan that avoids confrontation in order to retain the benefits of past business contact, goodwill, and tested cooperation with partners, suppliers, distributors, and other intermediaries.   This process involves understanding the unique actors driving the dispute, using a mediated path to show opposing parties the value of converged interests, and identifying the factors that generally revolve around loss of trust and misunderstanding that often catalyze the formal process of seeking remedies at law.

Working with a business lawyer, specially in a matter of litigation, will often bring up a review of correspondence that has gone into the history of the relationship between you or your company and the other side of the dispute.  This gives an opportunity to review the quality of correspondence which is important in laying the foundation of good relationships.  Sometimes, failed expectations can be identified and better use of email writing can avoid misunderstandings that can arise by not identifying items clearly in the  course of doing business.

The thorough process of studying your style of communicating when your file is worked upon offers a teachable moment between your lawyer and your business.  Paying careful attention to impressive and persuasive techniques of writing while doing business can scale the business operations by granting access to important people who will appreciate your well stated positions and acumen that can lead to expansive business opportunity.  Just as it is important to meet business people in your industry that are relevant and capable of expanding your business, it is equally important to write with care to initiate and maintain good contact and to reach new heights.

Working closely with your business lawyer has the added benefit of evolving your thought process that is crucial in communicating business ideas by virtue of the inherent work of the lawyer and the detailed communication of principles of law and dispute-reducing methods that become part of the legal analysis of your business dispute.  This is just a side benefit of hiring a lawyer with whom you have worked on a long term basis.  This benefit lingers on as you continue your business without the need of a lawyer at all stages.

Corporate commercial law is useful and relevant throughout the operation of your business.  You should continue to ask your lawyer questions once you have established your relationship.  Many lawyers thoroughly enjoy advising clients who seek them out and no question is irrelevant if it is of concern to you.

The objective of forging a good relationship with your lawyer is enhanced by appreciating that litigation should be a last resort.  The use of a lawyer in business must always be strategic, in the background as much as possible, and timely if it has to be effective.  A lawyer’s skills and knowledge should be used at crucial points in time in relation to the kind of business one is in.

An entrepreneur should know about general or limited partnership, corporation, and proprietorship, with their tax implications.  Businesses work with greater confidence knowing that the invisible use of a lawyer can be instrumental in drafting key provisions in contracts that will likely prove significant should a dispute arise.  The monetary value and the non-monetary stakes of an agreement should trigger the need for legal advice at the initial stage where it is most cost-effective and offers the longest return, since it is likely to avoid a dispute later, saving quality business time in the operation phase of the agreement.  Often, there are only a few important items of law that need to be understood in the early phase of an enterprise when ignoring them is not uncommon in the dearth of available time in the set up of the business itself.

Start-up businesses that get used to using legal services early on generally benefit since they use their knowledge throughout the early phase of establishment, and are more inclined to remain on top of issues such as government regulations that monitor their activity.  The basics of any subject require constant reminders in the early phase.  Laying the infrastructure of a business entails understanding and applying the law initially to set up a good foundation for a kick-off.  A trusted legal relationship with a lawyer is important at this stage, and  capitalizing on it later when the business has grown, becomes easier.

Top businesses do not typically look for a lawyer in their need.  Having worked with their lawyer through critical phases of their businesses, they already have lawyer friends indeed.

 

 

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