Thinking Outside the Box

When asked "When do you call your lawyer," most people respond "When I have legal problems." I would like to suggest you evaluate whether that is the best answer. I believe getting preventative legal advice will reduce the number of legal problems you have, increase the likelihood of a favorable resolution those issues, and over all, reduce the amount of legal fees you incur. In the interest of full disclosure, I am a lawyer and I prefer taking preventative measures to litigating disputes.

Here are some situations where I suggest you consider getting preventative legal advice:

Starting a new business - When you are starting a new business, build into your budget 30 min to one hour of preventative legal advice. This is especially important if this is your first business. You should set an agenda with the lawyer and should discuss general legal issues and any issues related to your specific industry.

Going into business with someone - This can be more expensive than just getting some advice when you start your business. However, it is absolutely essential if you are going into business with someone, that you clearly define and document the roles of the parties, how decisions are to be made, and what happens if the people disagree as to how to proceed. A lawyer can give you advice how best to ensure that your interests are protected.

Form contracts - If you have a contract that you ask your clients to sign, have your lawyer review it to ensure it adequately protects your interests. Make sure that you 1) understand your form contract and 2) know how to properly fill in all the blanks. There are certain industries that have specialized contract requirements in certain states. Make sure that you are in compliance with those requirements.

Have a plan to get paid - In my experience, it is common for business owners, especially service providers, to focus too much on getting a client, and not enough on making sure the client pays for the services rendered. Ask your lawyer for suggestions in this area and discuss and consider asking for a deposit, personal guarantee or other form of security.

If I corner you at a cocktail party, I'm always happy to go on; and on; and on; about cases that I have been involved in that could have been easily prevented if my client had followed the advice above. Ultimately, you have to make a decision about the level of risk you are comfortable with, and a determination regarding the value of preventative legal services.

Deep Thought

Deep Thought: Sometimes it takes me having something important to worry about to realize my worries are not important.

I worry too much. I am a perfectionist, a rule follower and I obsess about little details. In the last week or so, here is a small sample of the things I have worried about: Should it be a comma or a semicolon? Is it one claim with 4 counts or 4 claims? Should exhibits be numbered or lettered? Is my black dress appropriate to wear to the charity auction this weekend? Which Valentines Day Cards should my 4 year old to pass out at preschool? I could go on for pages and pages, but you get the idea.

This morning when I had this profound thought, it was because I had something important to worry about. My 4 year old son suddenly and inexplicably was unable to bear weight on one of his legs. I spent 1/2 the day in doctors offices and getting x-rays. We are going to have to see a specialist tomorrow.

The fact that I am able to focus on small details is a great asset in my profession. Anything worth doing, is worth doing well. I think we should all strive for excellence in everything we do, while acknowledging that only one perfect person (Jesus) has ever walked this earth. As I realized how worried I was about my son, I also realized how stupid it was to worry about Valentines Day Cards, clothes, letters versus numbers, claim versus count, and whether it should be a comma or semicolon. Once I realized it was stupid to worry about the little things, I also realized that worrying about my son was unproductive. I love the way that Jesus puts it in Matthew 6:27 "Which of you by worrying can add one cubit to his stature?" I do not mean this post to be a bible study (which I would be completely unqualified to write), but that quote really hits home. Worry accomplishes nothing.

I am concerned for my son's health. I am afraid that he has a serious condition. I hate seeing him in pain. But at the same time, I am not paralyzed by worry. If I can focus enough emotional energy to actually worry about Valentines Day cards for 4 year olds, I can redirect that energy to helping my son get through this condition.