“Hey Joe”….How to… get your point across in negotiation.

Spirit Bear 4

Ok, so I didn’t want to give away this secret BUT this blog is about helping you in the legal world, so I can’t keep this from you! I’m about to tell you the secret of the best lawyers for how to really get your point across at the negotiation table. Now, when I tell you, some of you may laugh and say “but of course!” or “durr, that’s so obvious” but it is amazing how many lawyers just don’t do this and so never really get their client’s points across. You can take this tip and apply it to your day to day negotiation.

The best lawyers start formally but as soon as things heat up, they recognise that it’s time to drop the barriers and get right up and close to the people on the other side of the table. How do they do this? It’s really simple and I feel guilty that I’ve built this up so much but hey, I want you to read this! The best lawyers say “Hey Joe”,  “Hey Sarah”, “Hey Mick”… they switch to a first name basis. Lawyers are renowned for being stuffy and posher than the Queen of England, but the really good ones know that sealing the deal is about getting through to the opposition on a personal level, and the quickest way to do this is to use their name. Not from the outset – we start off with “Our client  is concerned about” or “Our position is that” – but as soon as we see that flicker of mutual understanding we transition to “look Phil, between you and I, they [not client] just want to get this done and they think that [name of company that you are negotiating with] is the best to do it”.

I remember some time ago, it was the run up to Christmas and work was crazy. I was representing a client in a claim against a very stubborn defendant. They didn’t want to agree a Court extension which meant that we would all be working over the Christmas holidays. My client was furious with how unreasonable they were being. Tired of sending letters by email to and fro, I simply picked up the phone and called the Defendant’s lawyer. The conversation went as follows:

Me: Oh hi Barry this is Emma here, how are you doing?

Barry: Fine thanks, crazily busy as I’m sure you are too.

Me: Yup, crazily busy, which leads me to the matter of this Court extension on X case.

Barry: Oh yes, my client’s position is very clear on that.

Me: Well Barry, off the record, Joe Bloggs LTD, doesn’t want the extension to secretly build an even stronger claim, they just want a break this Christmas! They literally want to go offline for at least a week. If we don’t agree this extension, we’ll all be working unnecessarily at one of the best times of the year.  I don’t know about you but I’d quite like to catch up on Suits.

Barry: [laughter]. Yes, I know what you mean, well I’ll see what I can do and get back to you.

Me: That’s great, thanks Barry and good luck with the last minute shopping.

Barry: How did you know? [laughter]

End of call

We ended up agreeing the Court extension and it was a sweet Christmas break! There is power in just getting a little personal and a little real! Try it!

Ps. I have not used real names in this post.

Please like and please share!

BREXIT explained.

b7b7e3dc7a1a013ef85b7ee02e45add9

Before you read this, just in case you didn’t know, BREXIT refers to the possibility of Great Britain (aka the United Kingdom) leaving the European Union after the referendum in June 2016. It’s a play on the words Britain and Exit. In this post, I am going to try and explain the Brexit debate, however, please know that thelegalknow is wholly against BREXIT. I will therefore TRY to be as neutral as possible in this post.

What is a referendum?

A referendum is a general vote by the electorate on a single political question which has been referred to them for a direct decision. In the UK, David  Cameron, the current Prime Minister has approved a referendum asking the British public whether or not it thinks that Britain should remain in the European Union. The big day is Thursday 23 June 2016.

The exact question will be “Should the UK remain a member of the EU or leave the EU”?

What is the European Union?

Five years after World War II ended, France and Germany came up with a plan to ensure that their two countries would never go to war against each other again. The result was a deal signed by six nations to pool their coal and steel resources in 1950. Seven years later a treaty signed in Rome created the European Economic Community (EEC) – the foundations of today’s European Union. The UK was one of three new members to join in the first wave of expansion in 1973. Today the EU has 28 member states with a total population of more than 500 million.

At the heart of the EU are laws designed to allow most goods, services, money and people to move freely within EU member states.

The four key institutions which work together to run the EU are as follows:

  • the European Commission – the EU’s administrative arm – is responsible for proposing and drafting EU legislation;
  • the European Parliament – represents EU citizens – is responsible for approving draft proposals, together with the European Council, from the European Commission and making them law;
  • the European Council – represents member states – is responsible for approving draft proposals, together with the European Parliament, from the European Commission and making them law; and
  • the European Court of Justice – is responsible for upholding EU law in member states to make sure EU law is applied in the same way in all EU member states. It also settles legal disputes between national governments and EU institutions. Member states are required to comply with the court’s rulings and may be fined if they do not do so. This is completely separate from the European Court of Human Rights in Strasbourg, which interprets the European Convention on Human Rights, the EU has its own Charter of Fundamental Rights.

Each member state effectively appoints representatives to each of these institutions.

Why is there a referendum?

The British government promised to hold a referendum on EU membership before the end of 2017. There have been growing calls for a vote on whether to stay or leave the union, as it has allegedly become more powerful and expensive. The BREXIT campaign worries that the UK is paying more in membership fees but gaining little in return other than increasing immigration.

Why does Brexit matter?

The Brexit campaign maintains that by breaking free from the EU, the UK could reduce taxes for its citizens and reduce the burden of immigration. However, those campaigning to stay in the EU contend that if the UK should decide to go off on its own, the move could create widespread job losses and economic uncertainty. Currently, the EU is the UK’s largest trading partner. If enterprises in the new EU are reluctant to do business with British companies, British companies could face substantial setbacks.

Additionally, if Brexit occurs, the UK, just like Norway and Switzerland, will still have to comply with EU rules without having any influence over them. The UK’s exports would be subject to EU export tariffs and they would have to meet EU production standards. It could be even more costly for UK exporters if they face EU legal arguments against UK standards – there could be a lot more court cases (LAWYERS will get richer, YAY). There is therefore a feeling that the UK is always likely to be better positioned to secure beneficial trade deals as a member of the EU than as an individual and isolated player.

What will be the impact on the EU if Brexit occurs?

The potential implications of Brexit are complex, as they hinge largely on what economic actions the UK takes after splitting off from the rest of the EU and how the rest of the world reacts to such a move. The impact would be widespread and drawn-out. The actual process of the UK leaving the partnership and establishing new agreements with remaining EU countries would take years. Many businesses would face immense uncertainty during this time.

In order to reduce this uncertainty, Brexit advocates are weighing potential options. They’re considering either supporting a second referendum on which model to pursue or making an effort to create a consensus behind what the UK’s trade deals would look like after the nation’s exit. Sounds like a political mess to me!

So there you have it. BREXIT in a nutshell. You should hopefully now have a vague idea of what’s going on. I tried to stay neutral but I love and care about business and the arguments to STAY in the EU make economic sense to me. The pennies we would save in domestic tax pail in comparison to the billions we could lose in trade with the EU and the world (President Obama made America’s view very clear). If you are a UK business owner/entrepreneur reading this, please make sure that you VOTE and vote for what you think will be GOOD for UK BUSINESS not UK AESTHETICS.

Please like and please share. Comment below if you disagree! I’m happy to be educated.

HOW TO… be an entrepreneur in your day job.

swan

Some of us are not quite at the point of saying goodbye to the salary and entering the world of risk and unpredictability. However, guess what? You don’t have to kick the day job in order to start honing the skills of an entrepreneur. Whilst you are planning your future business, you can start to test your entrepreneurial ability now, at your desk, under the nose of your boss.

  1. Respond to a request with a suggestion – If you are planning on leaving your day job, it is often because there is something about it, maybe how it is run or what it actually does, that you do not like. SO since you’re planning your exit, why not challenge some of those things that drive you nuts. When asked to negotiate that sale or purchase on the usual terms, suggest a different tactic. If you are asked to, yet again, make that same salad for the Monday customers, suggest changing the ingredients a bit, for example adding a bit of chilli? If you are asked to do the rota for whatever, suggest a change that makes that rota better. Start to challenge the norm. That’s what you do as an entrepreneur right? You see what others do not and you push the boundaries.
  2. Be yourself – This one is difficult in an office environment or a store where you are reminded daily that it is better to conform than to be yourself. But hey, you’re about to go it alone so you may as well shine and encourage others to shine too. I have a few clients who are unapologetically themselves. They ask you the most direct questions or they decline to come to an event you’re hosting because they, in their words “can’t be bothered with that sort of thing”; I respect these clients. Try to be the person you want to be and see how people respond. Do those under you work harder for you? Do those above you listen more? You can then get a feel for how you will be perceived by others when you are running your own business.
  3. Get to know everyone – When you eventually go it alone, you’ll need to be a people person. You will need to let everyone know who you are, where you are and what you’re up to. You will need to market yourself. So why not start now? Start marketing who you are. If you’re in a big organisation, go and talk to other teams; pop up to the third floor and say hello to the person you email in accounts every Monday. Basically, start honing your networking skills.
  4. Say yes – If you are asked to do something new, do not shy away. If it is out of your comfort zone, step up and take the challenge. Sink or swim that’s what you’ll be doing as your own boss with no one to delegate to. You’ll be doing new things daily, from attending events to speaking at events, from negotiating contracts to drafting strategies. Just do it and get used to a) the initial fear and b) the adrenaline once you realise that, whether you’re doing it well or not so well, you are trying and you are learning.
  5. Ask for help – When you set up on your own it is all about resources. You will be calling in favours and hiring professionals at a competitive price. SO whilst you are still in a day job, get used to asking for help from the people who know how to do what you can’t. If you don’t really know how to use your computer, ask IT for help. If you’ve never been part of a pitch and want to learn, ask a colleague who has done one before. Get used to asking for help, NOW.

Do you agree with this list? Please like and please share and please sign up for notifications of my posts.

How your business can help the world.

buds24n-2-web

Ok so what does business facilitate unintentionally, every day that can assist in breaking down barriers, prejudices, discrimination etc in one swift swoop…they bring PEOPLE, all kinds of crazy, different people together! Admittedly the intention isn’t initially to get everyone to hold hands and appreciate their various differences but it certainly ends up that way. You see in our common quest to make money, we end up fostering relationships with everyone and anyone because money doesn’t care about gender, sexual orientation, faith or race and that’s THAT. Anyone can make it.

Manufacturers and suppliers are all over the world, we drop an email to China, New York or London with a click. If there is a big event in our industry, we doll ourselves up and go and meet the cool kids with eager hand shakes and smiles of “give me your business“. In business, we don’t care whether your hand is black or white, if you are paying we will shake it and if you are talented we will hold it. Take McDonalds for example, there is a restaurant in pretty much every country with an airport. I’ll never forget the joy of seeing those golden arches after almost 3 months of eating spicy food (delicious as it was) for breakfast, lunch and dinner in beautiful India. I ate three McChicken sandwiches in one go at a familiar table, in a familiar decor and with a familiar service, nevertheless they also had masala fries and tandoori nuggets; amazing. McDonalds know that DIVERSITY and CULTURE is good for business.

Even the legal industry in the UK has recognised this. Traditionally pale, stale and male with degrees from Oxbridge only, the English legal profession is now more diverse than ever. In fact, globally, major law firms are continuously expanding all over the world, recruiting from oversees and right round the corner. Just go on to the website of Clifford Chance, Norton Rose Fulbright or Linklaters and have fun clicking on the sites of their many global offices. Even the ordinary pop star knows that culture and diversity pay, if you ever meet Beyonce, ask her where she HASN’T performed or Justin Bieber how many endorsements he has done in Japan! Ok you get it, but how does this HELP?

You see, in recognising that diversity and cultural awareness is good for business you help the world to stay connected and to integrate. Entrepreneurs, businesses and startups are key tools in building a community of human beings and not a community of “us and them” which politicians love to exploit. Imagine how much more we can achieve if we actively encouraged diversity and it wasn’t just a by product money making. If you own a restaurant and your beef suppliers are a farm in Scotland, a work trip to Scotland could really encourage relationships and mutual understanding. Or if you manufacture your clothes in China, going over and seeing with your own eyes, the place where your stock begins could encourage your Chinese team and also enlighten you to improving conditions for workers over there (this is an issue for another post on another blog). I’m sure this can all be put more elegantly but you get the gist right. I did a post on Corporate Responsibility which touched upon this BUT this post isn’t about your branding or your promotion its about YOU consciously making your company an educator to its employees and a friend to its customers; that’s how your business can help the world.

Please like and please share. Also sign up for email alerts! Stay legally smart.

 

HOW TO…reduce your legal bill!

squirrel-eating-peanuts-300x210

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!

Please like and please share. Also sign up to get alerts for my posts. If you would like me to write anything in particular, please drop me an email in the contact tab.

5 ways to spot a bad lawyer!

thumbs up

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!