Ethos Business Law

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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Ethos Business Law was founded on the vision that there is a different and better way to provide legal services.  A way that is more in line with clients’ needs and a way that is more efficient and effective.  One piece of that vision is the flat fee.

Recently, there have been various articles on this topic (see here and here for a couple examples).  In fact, one of these articles goes so far as to say “[t]he conventional ideas for changing the way law firms do business are . . .  insipid and inadequate.” (more…)

Social media has become a fixture on communication agendas across the country, fueled by the fact that Americans’ spent 73 percent more time on such networking sites in the past year alone. But according to a new survey, social media use is also generating its share of corporate heartburn.

Recent research conducted with Russell Herder confirms that confidence exists in social networking as viable communication outreach, but so do worries about the potential liabilities involved. Concerns regarding social media use were acknowledged by some eight in 10 businesses participating in the national study, which was conducted over the month of July.  Fifty-one percent fear social media could be detrimental to employee productivity, while almost half (49%) assert that using social media could damage company reputation.

Despite these apprehensions, social networking is being viewed as a key strategy. According to survey results, eight in 10 senior management, human resource and marketing executives believe social media can enhance relationships with customers/clients and build brand reputation. Almost 70 percent feel such networking can be valuable in recruitment, as a customer service tool (64%) and used to enhance employee morale (46%). The most popular vehicles being used include:

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Recently, a client was lamenting a situation where it sold a significant amount of product to a customer, only to learn weeks after delivery, the customer filed for bankruptcy.  In today’s economy, this situation happens all the time.

If you find yourself in this position, or in any situation where a customer or supplier becomes involved in bankruptcy, you should quickly reach out to counsel for guidance and assistance.  It turns out in the example above, there may be some interesting remedies provided under law if the supplier acts quickly and correctly.  However, even waiting a few extra weeks can be detrimental to a claim.

Turn over a new leaf and become proactive rather than reactive when it comes to legal matters in your business.  As they say, “an ounce of prevention is worth a pound of cure.”