Legal and Lawyers

Every company needs legal advice from time to time. Most managers are unsure about the management of the relationship with a business lawyer. Here are some hints from someone who spent over thirty years practicing law.

Lawyers generally get paid by the hour and respond to requests. They will initially respond as requested but may want to do more. This places a burden on the client to handle the relationship in a thoughtful and structured way.

There are certain issues on which you will need legal guidance. You may not know what all these issues are and you will have to receive objective advice on what needs a legal review. Nonetheless, you should control the relationship. The lawyer needs to identify to you the information you need to know to make your business decision according to your values and business acumen. Lawyers are paid to advise, but beware of the lawyer who gives business advice not legal advice. Lawyers advising you should not be telling you what decision to make, but informing you of the consequences that will occur depending on your decision. Therefore, it is misleading and unwise to ask a lawyer for specific legal advice and then ask for general business advice.

It is reasonable for you to expect that the lawyer is familiar with the area of law in which you have an inquiry and will not be charging you for research that is essentially basic information about the topic that an experienced lawyer should know.

You should have a written fee agreement with the lawyer. You should understand the fees and costs associated with what you are asking before the service is performed, and if there is a change the lawyer should give you notice of that change immediately. You should be billed promptly and accurately for services with no surprises. Any question about the billing should be met with courtesy and efficiency. Do not let something that bothers you go without some communication to the lawyer.

You should expect the lawyer to be accessible by responding to your communications quickly and by having time to discuss important matters with you. It will be less expensive for you if your lawyer is familiar with your business and the concerns it generates. Rejoice if a lawyer you are dealing with wants to know more about your business without charging you for that time.

There is nothing wrong with dealing with more than one lawyer, each with expertise in different areas. This will help you create a thoughtful structure for receiving legal advice and understand what you like and do not like about the various relationships.

It is incumbent upon you to effectively manage your relationships with legal advisors. If the lawyer is not responding to your reasonable instructions, use a different lawyer.