Ethos Business Law

Here is a follow-up report by CBS News on the hidden dangers of digital copiers.  The original report is here.  Massachusetts Congressman Ed Markey called for an investigation by the Federal Trade Commission — concerned most Americans don’t know their information can be compromised.  “We have to do a lot more to insure that the public and corporations know this,” Rep. Markey said, “and that absolute security is applied to copy machines across our country.”

What do you think?

(Hat Tip: Michael Mason Norman, ED.D. — Thanks!)

Ethos Business Law is continuing its quest to evolve business legal services by launching a new program aimed at providing businesses with a strategic and efficient tool to reduce legal risk and costs.  The General Counsel Hotline is a new, innovative solution for companies that do not have internal legal resources.  It allows clients to sign up for a low-cost, monthly fixed-fee package and receive the following benefits:

• As needed telephone consultations regarding legal and strategic business issues;
• Monthly strategic legal planning sessions in your office;
• A trusted, objective advisor available when you need it; and
• Freedom from the billable hour.

How many times have you experienced the following:

• Been reluctant to call your attorney to ask what you believe is a simple question because you are worried that you will get a $1,000 bill.
• Decided that instead of proactively consulting your attorney, you would just “wait and see” and call your attorney if or when you have problems.
• Wished you had predictability in your budget for legal expenses.
• Needed a strategic, business-minded lawyer that could help you evaluate your business in an objective manner without trying to bill hours.
• Been frustrated because your attorney doesn’t really understand your business and only speaks legalese!

The General Counsel Hotline is the solution.  Clients are embracing this new model and it just might be a perfect tool to augment your legal practices.  Contact Ethos Business Law today to find out how the General Counsel Hotline can decrease your legal risk and increase your bottom line.

I recently saw yet another example of why building and maintain relationships is one of the most important skills you must master in order to become a successful business person.  While working with a client through a complex and tricky loan restructure, one of the participating lenders was experiencing significant pressure on its business from bank regulators, unrelated to my client.  This pressure caused that lender to create problems in the loan workout.  However, the lead lender and the borrower had developed a strong relationship over many years and were able to leverage that relationship built on trust and proven execution to allow all participants to come to a workable solution.  Had it not been for the strong relationship between the lead lender and the borrower, the result would have been drastically different. (more…)

A recent article in the American Bar Association Journal highlights a trend in business legal services:  The Outside General Counsel.  This “trend” is nothing new to Ethos Business Law — it is the basis of our business model — our “Ethos!”  Outside general counsel services, or fractionalized general counsel, are growing in popularity as business owners realize the value they can leverage from proactive, business-focused attorneys that have in-house experience, business education and law firm training.  But how do these services work and why are they better? (more…)

If you have ever been to Minnesota, or better yet lived there, you have probably experienced “Minnesota Nice.”  Typically, Minnesota Nice is characterized by polite friendliness, an aversion to confrontation, a tendency toward understatement, a disinclination to make a fuss or stand out, emotional restraint or self-deprecation.  What happens when Minnesota Nice enters the negotiating room?  Often times, it can lead to difficult or failed negotiations.

Unfortunately, Minnesota Nice isn’t really about being “nice” at all. It’s more about keeping up appearances and avoiding confrontation.  Moreover, it can also be used as a negotiation tool, which causes confusion, misunderstanding and frustration among other participants.  So, what do you do when you are in a negotiation and you are confronted with “Minnesota Nice?”  Here are a few tips: (more…)

I recently saw this article in Larry Bodine’s blog.  It is a great discussion on how attorneys can be more client-centric and service-oriented by adopting a different business model. It has long been my philosophy that attorneys must constantly redefine ways to create and add value to their clients.  There are certainly better ways of measuring value than the number of hours spent on tasks.

I find one of the best way for a client to leverage value from its corporate counsel is through regular, proactive interaction.  Simply spending time discussing a client’s business and future goals can prove quite productive.  I often work as outside general counsel for clients on a retainer basis — not by hourly fees.  This encourages clients to spend time working with their attorney on proactive strategies and removes the “time” concern.  Moreover, this fosters a better relationship between the parties and allows the attorney to have a better institutional knowledge of the client.  If you are still paying for every minute of your corporate attorney’s time, consider implementing a different business model.

As the end of the year fast approaches, our thoughts turn to holiday cheer and family fun!  However, it is also important to think about a few simple pieces of annual corporate maintenance to protect you and your company.  Two important and often overlooked items include filing the annual registration for your company and holding your annual meetings. (more…)

Starting in April of 2010, the Environmental Protection Agency will require contractors working on homes built before 1978, and all schools and buildings where kids spend time, to be certified in and use lead-safe practices.  The primary concern with construction or remodeling in buildings with lead-based paint is lead dust.  Therefore, the EPA will require contractors to wear protective clothing, work in wet and clean areas and take other safety precautions.  You can find more information here at the EPA website.

We have all been there — shouting, grand-standing and lines in the sand.  Unfortunately, when a negotiation turns hostile, the client suffers.  A missed opportunity, dead deal, lost capital or worse.  All can be results of negotiations gone bad.  I have found that interest-based negotiation can often prevent hostile negotiations and even turn a hostile negotiation more productive.

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