HOW TO…reduce your legal bill!

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A legally smart business woman asked me to write a post about how to reduce her legal bill. As a City lawyer, here are my best tips on how to get the most out of your lawyer for less!

  1. Give legally smart instructions – Of course I would start with this one! The smarter your instructions the sooner your lawyer can get to work; they don’t have to waste billable time trying to figure out what you want. For example compare “Hey Cara please can you draft us a contract to buy apples from Fruit Ltd on a weekly basis” to “Hey Cara please can you draft us a contract to buy apples from Fruit Ltd on a weekly basis for X amount per box. In each box there will be X apples. We want the contract to last for a year with a right of renewal and we want it to be governed by English law and the English courts have jurisdiction. We also need a clause that states we have a right to terminate if the apples are Y. Delivery should be on Y of each week….” The former encourages a huge bill, the latter demands an efficient bill.
  2. Ask a junior lawyer to do it – Unless you are giving a complex instruction there is no reason why a junior lawyer should not be doing the bulk of the work. A senior lawyer only needs to give it a once over to make sure there are no glaring mistakes. When you give a standard instruction request for a junior lawyer to do the work in the first instance, if the law firm insists that a more senior lawyer is needed ask WHY and make them JUSTIFY the senior lawyer’s input BEFORE any work is carried out. You may just find that they back down.
  3. Request to see the narratives – Lawyers bill by an hourly rate. As part of that billing structure we are required to write narratives. If your lawyer has spent 7 hours reviewing a contract, ask to see the narratives. They should be detailed enough for you to say “fair enough” BUT if the narratives do not convince you, challenge the bill! This will either a) get you a discount on that very same bill or b) get you a fairer bill next time because that lawyer, terrified, will work as efficiently as possible for you. Most lawyers get annoyed when a client asks to see the narratives BUT its YOUR money and when you’re a growing business every penny counts!
  4. Agree a fixed fee structure – If you prefer predictability, agree a fixed fee arrangement! This means that, unless something unexpected pops up in the process, you know exactly how much you are paying each time. For example, if you have a standard sale contract that your lawyer reviews every time you engage with a new customer, agree a fixed fee for this repeat review i.e £50 per contract. You can also agree a fixed fee for a one off instruction. For example, if you need a lawyer to attend a negotiation with you, ask them to do it for X amount and not by an hourly rate. Hint to the lawyer that if they agree to this, you will send other work their way and watch your proposal be snapped up! Lawyers care more about a longterm business relationship in which they receive frequent work than being able to bill full rates on a single occasion.

Now go read “5 ways to spot a bad lawyer” and “3 ways to get the most out of your lawyer” to learn how to get even more out of your lawyer!

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HOW TO…negotiate.

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In business, negotiation is a very important skill. You negotiate practically every day! From getting better wholesale deals to giving a pay rise. We are surrounded by negotiation. Negotiation leads to improvement and progress so it is important that you know HOW to negotiate effectively! Here are some tips from my experience as a city lawyer!

  1. Do your homework – You know that saying fail to prepare, prepare to fail, that basically sums up negotiation. You cannot just turn up and blurt out what you want. You need to know a) who you are going up against and b) what they want. This is the only way that you can determine a best case (your dream outcome)/worst case (your bottom line) position for yourself. Study your opposition’s motivations, obstacles and goals. Research them and ASK questions in the negotiation, ask and listen and think about how you can manipulate that information to get what you want. FOR EXAMPLE, Bob is negotiating better wholesale prices from his fish supplier for his restaurant. Dave, the supplier, cares about getting rid of his entire catch of the day on the same day. Bob knows this having done his homework and so agrees a 30% discount on prices if Bob buys the remainder of the catch of the day at the end of the day.
  2. Don’t be afraid to ask for what you want – If you don’t ask you don’t get, simple. That’s not to say that your requests should be outrageous. They should be considered requests based on doing your homework above. Start by listing what you want from the negotiation and why. For example, following on from our example above, Bob may have listed that he wants cheaper prices for the fish that he buys so that he can offer cheaper prices to customers and attract more business. Dave may have listed the fact that he no longer wants to have to chuck away leftover stock at the end of each day. When an opportunity arises to discuss anything on your list of wants, leap in and talk about it. The trick is to always go in with your best position; start with your hopes and dreams then work down to your bottom line (but this is still better than where you are).
  3. Persuade them – So following on from the above, you have your list of wants but how can you get the other side to buy in to them. You present them as a solution or a benefit. Think of everything you want out of the negotiation and how it can actually help the other side. Having done your homework, you should always try to present your wants in the best possible light, not as things that the other side is giving away but as things that HELP them. HOWEVER this will not always be possible. Some things you want are just things you want BUT you can attach them to other potential benefits for the other side. For example, Bob might decide that he doesn’t need all types of fish in Dave’s catch of the day. He may only need Cod and Plaice so that’s what he bargains for. Dave is annoyed because ideally he wants a guaranteed buyer for all of the remainder of the catch of the day. Dave is losing out with this proposition. He may have a catch of the day that is all Cod or that is Cod, Haddock and Mackerel, he still faces wasting produce and losing money. Bob addresses this concern by saying “hey, you’re still getting a guaranteed buyer for Cod and Plaice which you catch REGULARLY.
  4. Don’t be in a hurry – The reality is that some negotiations take longer than others. Some issues are more complex. Some concerns affect more than the parties negotiating. If you face such a negotiation, you won’t get anywhere rushing the process. You have to go in at a realistic pace. Rome wasn’t built in a day and a sensitive negotiation can’t be agreed in a day. If you push too hard you could chase the other side away leaving you at square one. It is ok and a smart move to suggest “some time to think about it“. This shows the other side that you really want THEM to consider YOUR WANTS because you are serious or that YOU really want to consider THEIR WANTS because you are serious. You  can suggest a night, a couple of days or even a week to “think about it“. The amount of time will depend on the issues being negotiated.
  5. Keep your cool – DO NOT under any circumstances rise to negativity from the other side. Keep your cool! It will intimidate them. If you’re met with a stone wall or ridiculous counter arguments, take a minute and think about what the other side is saying. Then make them defend themselves. Ask them WHY they take a position. What’s their rationale? In most cases they can’t do this and hey presto, you’ve shifted the balance of power in making them realise that they can’t defend their ridiculous idea. In exposing the fact that they cannot actually defend their position, you then have the opportunity to launch into what you want, eloquently explaining your rationale and persuading the other side as to why they should agree.
  6. Stay flexible – Do not LIMIT yourself to a single strategy. You should have done your homework so well that you give yourself different ways to get to a solution. If you are met with heavy resistance to one option, build in the next and work on that. If the other party makes a demand, ask them to explain the reasoning behind that demand then brainstorm. Think – how can I get there another way?

Ultimately the worst negotiators are those who never move from their best case or shout down the other side instead of listening. Just remember that negotiation should lead to progress, negotiation is successful when a compromise is reached. HOWEVER there will be circumstances where it just won’t work, the parties interests are just not aligned. This is when you 7. WALK AWAY. Never ever force it. Good negotiators know when to cut their losses and walk away. In my opinion such negotiators have still won as they have been able to definitively rule out a business relationship thus freeing them to focus on another.

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Do you really care about your business? 

Sounds like a silly question right? But do you? You DO. Oh that’s great. Perfect. Then you must have a lawyer! At this point some of you are saying yes and some of you are saying no but in my opinion you should all be saying YES!!

Getting a lawyer at the outset does three magic things:

  1. Prevents catastrophic errors happening – for example signing contracts that are cleverly designed to steal your product, intellectual property or your profits, and ensuring that your business is compliant. The truth is that when you have an amazing business, everybody will want to be involved in it. When you’re just starting out, whether you like it or not, you are easy prey. The bigger businesses, the more experienced investors WILL try and get much more for their money. A lawyer will identify this and protect YOU. And what about non-compliance? Well non-compliance is costing Volkswagen a potential $17billion. They only set aside $6billion to deal with this. This is a perfect example of the consequences for breach of the laws and regulations in your industry. The law will collect payment for breach and it doesn’t care if it kills your business in doing so. A lawyer will highlight these risks to you.
  2. Speeds up the growth of your business – yes having a lawyer actually speeds up the growth of your business because you are letting the pros do what the pros do best allowing you to FOCUS on enhancing your business in the way that you know best! Everything that you need in order to be legally functioning, just happens without YOU spending precious management time trying to do it yourself. NOW you are probably thinking, hey, you always say BE LEGALLY SMART.. yes I do and a part of being legally smart is NOT trying to be a lawyer. Legally smart is about being informed so that you can give clever, well thought out instructions to your lawyer so that you do not suffer at the hand of the billable hour… “Yes the fee is high because I had to look into  X and Y and Z” compared with “No problem, I can do that for you…how long? I can get a draft to you by close of business today”.
  3. Gets you a great bargain in the long term – the client/lawyer relationship is a precious one. It is one of trust and mutual respect. What most clients ought to realise however is that lawyers take the work of their clients PERSONALLY. Once you have given a few instructions, growing THEIR business, lawyers respond in kind, prioritising YOUR business, offering free services, offering discounted rates. Looking out for you without being prompted. This is the ultimate goal for any business, to have an established relationship with a law firm because that’s when the fees get cheaper!

Ok, so some of you will literally just be starting out and you cannot afford a lawyer, in that instance there are many things you can do. If you are confident in your product/service, approach a law firm you like the look of and that you envisage you should be able to afford in about 6 months’ time and ask them if they would be interested in assisting you with a few starter contracts/services pro bono (meaning free). Pitch your business to them, explain that you like their work and can see a genuine client/lawyer relationship developing. Some law firms will show you the door but others, and I’d be one of them, would be intrigued and would do you that favour. Alternatively there are lots of firms that offer start up packages and individual standard form contracts that you can purchase and adapt. This is the next best thing to having a lawyer as such contracts are usually drafted to include key provisions. However this option should not be a long term circumstance. If you are serious about your business, your goal should always be to have a lawyer, eventually a team of lawyers protecting and enhancing your business albeit guided by YOU, the LEGALLY SMART one.

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5 ways to spot a bad lawyer!

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Lawyers are service providers. Fact. If you engage a lawyer to service your business, start up, whatever, you are doing the right thing. For it is said that “a man who is his own lawyer has a fool for his client”. In an ideal world the power should be with you, the client, however, unfortunately, not all lawyers are like me (passionate about progressing you and your dreams) they are more interested in er …fees, thus compounding that awful image that lawyers are greedy. So here are a few pointers on how to spot if your lawyer is not putting YOU first and may just be all about the fees.

1 You have to chase for an update

You should never have to chase for an update. A good lawyer will keep you regularly informed about the work he or she is doing for you. Obviously this is within reason but the updates should be regular in the context of the service you have paid for. E.g. “Hey Bob just a quick email to let you know that we have submitted your application…Hey Bob, we have received confirmation of receipt of your application… Hey Bob, your application has been accepted.”

2 You are presented with the unexpected – frequently

No one can foresee everything, that’s impossible BUT a good lawyer will have anticipated damn near all the risks! He or she will not only have communicated these risks to you, he or she will have factored them in to your agreed fee structure, i.e. “Hey Bob if this curve ball is thrown at us, this would likely happen and our fees would increase by X amount”. If you are frequently being told to pay a bit more because something has come up, this could be a sign that your lawyer is not thinking about the bigger picture for you.

3 You don’t understand what’s going on

This is a no brainer. A good lawyer wants you to understand how they are helping you. If you are confused your lawyer may be trying to squeeze a few extra pounds out of you by keeping you in the dark.

4 You only get bad news

Sometimes your legal situation might just be a bit rubbish but generally your lawyer should be coming up with solutions or alternatives. If you are paying for continuous bad news I would query why you were advised to embark on your pursuit in the first place. For example, advancing a bad claim or defending a good one.

5 You are not offered other services

A truly fantastic lawyer will be thinking what else he or she can offer to help you achieve more? Your lawyer should be suggesting other bespoke services for you such as seminars or even referring you to a specialist firm that can help you with a niche problem.

If you think you have a bad lawyer, raise your concerns with them and give them a chance to improve. They’re probably stressed out on lots of other work and your queries may help them to refocus on client quality!

Let me know what you think below and please share!