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Should I Go to Law School?

{Time to Read: 3 minutes} Don’t do it unless you think you’ll enjoy it, and then don’t do it unless you can afford it. “Should I go to law school?” is a common question. When occasionally asked my opinion, I have a standard answer: “Not unless you’ve worked in a law office.” I don’t care […]

Negotiations Commence upon Signing of the Contract

An agreement depends more than anything upon the honor of the parties. The title of this article expresses how some people approach contracts: It’s more important to tie up the other party entering the agreement than it is to worry about whether, in fact, I have to honor the terms – because once I have […]

What’s Wrong with a Special Interest Campaign?

The New York Times recently published an article about claims of wage theft. The article concluded with two quotes from employer representatives: “This is a classic special interest campaign by the labor unions.” “These are opportunist, opportunistic lawsuits.” To which I say,“So what?” So what if these individuals are protesting and forming special interest campaigns? […]

When Do the Rules Allow You to Think Outside the Box?

You want a lawyer who can figure out when the rules allow you to think outside the box. There’s a public radio show called Radiolab. They did a feature on a game show in England called “Golden Balls,” which had an episode that was put on YouTube and went viral. The long-running show is an […]

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.