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Author Archives: Andrew Weltchek

The It’s-Who-Signs Problem

A contract is a script for a relationship that exists over time and requires performance by both parties. A strong contract will aim to protect you and clarify, for both parties: What their responsibilities are; What constitutes a breach; and How disagreements are to be solved.

Who Are You Calling a Liar?

It seems to be verboten to flat-out call an opposing lawyer, or client, a bald-faced liar – but in fact, lies are told. Clients lie to themselves, to their lawyers, to their opponents. Lawyers lie or abet their clients’ lies. It is frowned upon to call people liars. Clients don’t want to hear it from […]

Explain It To Me Like You’re Einstein

“If you can’t explain it simply, you don’t understand it well enough.”

– Albert Einstein

I think that is absolutely true, and I don’t think it can be overstated. If the client can’t explain the problem, then they don’t understand it.

Do Yourself and Your Clients a Favor: Make a Referral

In the course of a conversation with a law firm marketing consultant, he shared he had a mentor who once told him: When you start out in practice, if you get a call from somebody asking, “Can you perform brain surgery?” your answer is, “How about Thursday?” I think there’s good and bad there. Lawyers […]

I Didn’t Know You Did That…

I help clients with both deals and litigation. To be more specific that means buying, selling, financing, leasing, etc. — and going to court. However, those things don’t often overlap. That is, most deals don’t end up in court, and even fewer lawsuits lead to deals.

Yes, I have to say “no” a lot.

Clients don’t like me saying “no” to so many of their ideas for litigation strategies and maneuvers. But, unfortunately, by the time litigation starts, there are often not many good options left. The optimal outcome for a client is sometimes the least bad scenario.

Legal Services Without Lawyers

Technology offers an opportunity – or a steamroller, depending on how you look at it – for changing the way legal services are delivered, and therefore how lawyers charge for them. I recently attended a conference called Reinvent Law at the Great Hall at Cooper Union – famous for, among other things, Abraham Lincoln delivering […]

Spoiled by Amazon, but Impressed with Steve

I’m used to online services just working and being simple and affordable – at least the few I like. So, when three LexisNexis customer service agents bug me about how my user-experience is going, and ask if I want an online training session, I say yes. What the heck, it beats working, right?

Sell Me This Lawyer

I admit, I loved The Wolf of Wall Street. You can put me in the “swept away” category aptly described in the NY Times review. Although, I also agree with the criticism of its voyeuristic indulgence in sexism and materialism. But, damn, it was entertaining! Overall, I was intrigued by the major theme: the power […]

Electronically Stored Information

Electronically stored information includes any and all documents saved to a computer, with or without hard copies. These documents include sent or received emails. The amount of electronically stored information can be vast. Even deleted email lingers on in some form in your ISP’s servers. If you initiate a lawsuit or are a defendant, you […]