When Lawyers get in the way - Business Law 101
Often times, attorneys can be seen as a road block to getting business done. That doesn't always have to be the case. Allow me to illustrate below.
When attorneys are frustrating:
As a business owner and an attorney, I have seen both the benefits and drawbacks of attorneys in the the business arena. First, the bad example. While working with EcoTech Light & Energy, we often had to negotiate agreements with manufacturers, patent holders, and even other companies we might end up competing with in the open market. During one such negotiation, the attorney for the other side wasn't focused on getting the deal done so that both parties could make money and share equally in the benefits of the contract. Despite the wishes of his client, he harped on various intellectual property considerations related to their logo and our logo, the patent on the product, etc. Instead of simplifying the agreement to provide suitable protections for all parties within their specific risk tolerances, he was pursuing the "perfect" agreement that would protect every interest of his client.
When attorneys help make business happen:
On the opposite end of the spectrum. I have had excellent dealings with attorneys in the business world. When working on a joint venture agreement, the other sides attorneys were most helpful. We both had clear understandings about what our client wanted, mostly because we took the time to get to know them. We knew their tolerance for risk, what their primary concerns were, and we had already advised them of other risks and rewards. At the end of the day, after what was still an average negotiation, we arrived at an agreement that may not have been exhaustive or "perfect" but it fit the needs of the parties.
What's the answer?
Please don't misunderstand the point I am trying to make. Perfection is what we all try to achieve. The attorney in the first example was a highly experienced, widely published and respected attorney in his field. If I had a need to protect highly valuable Intellectual Property, I would probably give him a recommendation. He just wasn't the right fit for what was being done at that time.
I take great pride in my work, and I too try to strive for perfection. However, perfection doesn't always mean a legally all encompassing, or bulletproof contract. Sometimes, perfection looks like not letting a perfect agreement or negotiation be the enemy of an otherwise great and solid agreement or negotiation. I focus first on the needs and desires of my clients. Once we have achieved those goals, based on my experience, advise them on other things they may or may not have thought about. In addition, I've been the non-lawyer involved in the contract negotiations and subsequent drafting. I know the frustrations very well. It is for that reason that I have a unique prospective on getting deals done, so that business people can go about doing what they do best. Generating business and earning profits.
If you have business related legal needs please feel free to Contact Me any time! I want to help your business be better protected, more organized, and highly profitable!