Read Online Business Without the Bullsh*t: 49 Secrets and Shortcuts You Need to Know by Geoffrey James - Free Book Online Page B
Authors: Geoffrey James
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that
really
bothers you, then go ahead and get lawyers involved. However, remember that there’s a price to pay, and it’s not just the lawyer’s fees.
2. ASK FOR AN OPINION, NOT APPROVAL.
Corporate lawyers are natural pessimists. It’s their job to manage risks and to make certain that if something (like a contract dispute) goes to court, you and your company don’t end up on the losing end.
The easiest way for a lawyer to eliminate risk is to make sure nothing happens—at all. That’s why if you ask a corporate lawyer, “Should we do this unusual or unprecedented thing?” the answer will usually be no, regardless of whether it’s a good idea or not.
Once you realize this, you’re free to decide whether the risks (which the lawyer will definitely identify) are worth the benefits of going ahead anyway. You can also solicit suggestions for limiting those risks.
3. DON’T SETTLE FOR GIBBERISH.
Lawyers, like all experts, have a tendency to speak and write using jargon that’s specific to their profession. In the case of lawyers, this habit is worse because they tend to see language as a way to create wiggle room rather than to communicate clearly.
In some situations (as when drawing up a complicated contract) it may be in your interest to let your lawyer play that game. However, when you’re on the receiving end of this tactic, insist on clarifying these intentional ambiguities.
To do this, read each paragraph aloud to the lawyer and ask, “What does this mean in plain English?” When the lawyer responds, scratch out the legalese and write down what the lawyer just said.
4. GIVE LAWYERS PLENTY OF TIME.
Corporate lawyers don’t benefit if a deal goes through, but they
do
get blamed if the deal turns into a debacle. Delay, to a corporate lawyer, is a good thing, because delay prevents bad things from happening.
Asking a corporate lawyer to do something quickly is like pushing a mule. The harder you push, the slower the mule moves. It’s wiser to lay out a schedule and ask the lawyer if it’s possible to get the work done by then.
If the situation involves opposing lawyers (e.g., your corporatelawyers are negotiating with your client’s corporate lawyers), your best approach is to hunker down for a long wait.
5. CULTIVATE A RELATIONSHIP.
Contrary to popular opinion, lawyers are human beings and, as with all human beings, more likely to help those they know and like rather than those they don’t know or actively dislike.
Therefore, if your firm has corporate lawyers, cultivate some kind of relationship with them ahead of time—long before you get into the situation where you need them to move quickly on your behalf.
Developing a relationship with corporate lawyers is just like developing one with anyone else at work. Ask about their jobs and backgrounds. Cultivate common interests.
Ideally you want lawyers to see you as you are: a person trying to get a job done, rather than a nuisance who wants them to commit to the unnatural act of approving an exceptional case quickly.
SHORTCUT
CORPORATE LAWYERS
WHENEVER the risk is minimal, leave lawyers out of the loop.
LAWYERS are not managers; get their advice but make your own decision.
INSIST that legal gibberish be simplified into plain language.
NEVER rush a lawyer because it will result in even more delay.
IF you’ve got a corporate legal group, find somebody in it to befriend.
SECRET 13
How to Use Social Media
Companies create brands because brands help buyers remember the experience they’ve had (or expect to have) with a company’s products. A brand consists of three major elements: a brand name, a brand logo, and a corporate history.
For example, the Coca-Cola Company has several brand names (the most famous being Coke), a distinctive logo that the company infrequently changes, and a well-established history as a provider of tasty soft drinks for over a hundred years.
Similarly, you (as an individual) have a brand consisting of elements
really
bothers you, then go ahead and get lawyers involved. However, remember that there’s a price to pay, and it’s not just the lawyer’s fees.
2. ASK FOR AN OPINION, NOT APPROVAL.
Corporate lawyers are natural pessimists. It’s their job to manage risks and to make certain that if something (like a contract dispute) goes to court, you and your company don’t end up on the losing end.
The easiest way for a lawyer to eliminate risk is to make sure nothing happens—at all. That’s why if you ask a corporate lawyer, “Should we do this unusual or unprecedented thing?” the answer will usually be no, regardless of whether it’s a good idea or not.
Once you realize this, you’re free to decide whether the risks (which the lawyer will definitely identify) are worth the benefits of going ahead anyway. You can also solicit suggestions for limiting those risks.
3. DON’T SETTLE FOR GIBBERISH.
Lawyers, like all experts, have a tendency to speak and write using jargon that’s specific to their profession. In the case of lawyers, this habit is worse because they tend to see language as a way to create wiggle room rather than to communicate clearly.
In some situations (as when drawing up a complicated contract) it may be in your interest to let your lawyer play that game. However, when you’re on the receiving end of this tactic, insist on clarifying these intentional ambiguities.
To do this, read each paragraph aloud to the lawyer and ask, “What does this mean in plain English?” When the lawyer responds, scratch out the legalese and write down what the lawyer just said.
4. GIVE LAWYERS PLENTY OF TIME.
Corporate lawyers don’t benefit if a deal goes through, but they
do
get blamed if the deal turns into a debacle. Delay, to a corporate lawyer, is a good thing, because delay prevents bad things from happening.
Asking a corporate lawyer to do something quickly is like pushing a mule. The harder you push, the slower the mule moves. It’s wiser to lay out a schedule and ask the lawyer if it’s possible to get the work done by then.
If the situation involves opposing lawyers (e.g., your corporatelawyers are negotiating with your client’s corporate lawyers), your best approach is to hunker down for a long wait.
5. CULTIVATE A RELATIONSHIP.
Contrary to popular opinion, lawyers are human beings and, as with all human beings, more likely to help those they know and like rather than those they don’t know or actively dislike.
Therefore, if your firm has corporate lawyers, cultivate some kind of relationship with them ahead of time—long before you get into the situation where you need them to move quickly on your behalf.
Developing a relationship with corporate lawyers is just like developing one with anyone else at work. Ask about their jobs and backgrounds. Cultivate common interests.
Ideally you want lawyers to see you as you are: a person trying to get a job done, rather than a nuisance who wants them to commit to the unnatural act of approving an exceptional case quickly.
SHORTCUT
CORPORATE LAWYERS
WHENEVER the risk is minimal, leave lawyers out of the loop.
LAWYERS are not managers; get their advice but make your own decision.
INSIST that legal gibberish be simplified into plain language.
NEVER rush a lawyer because it will result in even more delay.
IF you’ve got a corporate legal group, find somebody in it to befriend.
SECRET 13
How to Use Social Media
Companies create brands because brands help buyers remember the experience they’ve had (or expect to have) with a company’s products. A brand consists of three major elements: a brand name, a brand logo, and a corporate history.
For example, the Coca-Cola Company has several brand names (the most famous being Coke), a distinctive logo that the company infrequently changes, and a well-established history as a provider of tasty soft drinks for over a hundred years.
Similarly, you (as an individual) have a brand consisting of elements
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