When Do You Need to Hire A Commercial Lawyer?

How do you know you need a commercial lawyer? Many people who enter the business world are often focused on making profits, not realizing that there are more that can be done to make their daily operations more efficient. The financial aspect of a business is one thing but to promote a high standard and stable company would mean taking small details into consideration. It is true that legal matters can sometimes be given the least importance but would you rather wait for your company to lose a lot just because of legalities and formalities? The simple task of making company contracts secured may never be possible without the help of someone specializing in the judicial system. So how do you know you need a commercial lawyer?…You don’t need to think for a lot of reasons because you will need a commercial lawyer long as your business is operating.

You will need the services of a commercial law firm at a certain point and so it is important to establish a relationship with a qualified lawyer as early as now. The success of you business with any case or legal matters depends on how well your lawyer knows the ins and outs of your business. A lot of known cases are reported wherein companies lose a lot of assets because of their incapability to protect their interests legally. The judicial system is a vast universe of laws and regulations and you can’t possibly handle legal dilemmas on your own. You will always need the help of a professional who spent years studying and mastering the judicial system. For any commercial establishment or business, a commercial lawyer will be the main defender.

Some businessmen would rather wait for anything unexpected to happen before taking appropriate actions. Situations become more unpleasant in cases when rushed legal advice or defense cannot help in any way because it is already too late. These are the times when all you can do is to follow what the law dictates.

Times when competitors violate your interests are just some of the instances when you will need a commercial lawyer. Other instances are: employment contract concerns, fraud on business transactions, merging companies, legal issues, securities, legal paper works, expansion, and many other legal tasks related to businesses. The role of a commercial lawyer is important in maintaining the professional image of a company. He may also serve as the representative of the whole company to other businesses.

Driving Marketing Change At Law Firms – A Test of Leadership

Although it is never easy to challenge the status quo or achieve fundamental change within an organization – especially at a law firm. Yet change is a fundamental component to success. How does a firm steeped in culture and tradition address these questions? Very carefully. Especially if it is driven by a law firm marketing partner.

Driving change can bring about profound personal and professional rewards. It requires developing a strong vision of the firms identity. I call the process firm sculpting – creating your firms ideal image.

The goal of course is to find that new image and make it powerful – one that will greatly increase client satisfaction and propel the firm’s success. This of course takes true leadership – and that’s the rub.

True leaders have the capacity to articulate a vision and inspire others to pursue it with them. True leaders come from a place of honesty–with willingness to see what actually is and discover what could be through community effort. They bring with them a confidence that gives others the courage to strive for even the loftiest goals.

Your firm’s potential for change lies in the hands of such a true leader. Without a strong individual with the skill to push for change by enlisting rather than alienating others, your firm may make important improvements, but it is unlikely to reach its full potential.

The all-important first step in initiating change is to find such a leader within your ranks. Once you are committed to seeing things change, look around and ask yourself who will lead. (The answer may be as close as your own reflection in a mirror.)

Once the leader is chosen, whether he’s the partner with the most power and seniority in the firm or a more junior partner who is eager and willing to support the process, his or her first step is to identify and enlist the other key players in your firm.

Forming Your Inner Team (the Key Partners)

The next step is to identify the principal members of the team–the inner circle. Most of the time, the inner circle will be composed of key partners and, in some firms, top-level administrators. Without them on board, the probability of creating profound change at the root level is seriously diminished. Bring them on board as soon as possible.
But before the firm does this, it must address a very serious issue. It must know whether the core power base–the inner circle–includes what is referred to as a “Toxic Partner.” Like a drop of poison in a carafe, a single “Toxic” can be fatal to even the most brilliant and ambitious of plans.

Finding Your Firm’s Vision – The Heart of Legal Marketing

Once the leader and the inner circle have been identified and any Toxics have been dealt with, the next step is for your leader to set up a series of meetings to determine what the firm’s values and challenges are and then begin to articulate a vision for the firm’s future. Ideally, a facilitator will be brought in at this point to help keep things on track.
Uncovering your firm’s values is no easier than confronting its challenges. Your firm’s values must inspire the partners if there is any hope of inspiring the firm itself and its clients. When the members of the inner circle envision the firm, they should identify which values move and inspire them. These inspired values must appeal to them at a visceral level, not just sound good. Left to their own devices, many partners (and professional marketers) come up with meaningless phrases like “We live to serve.” Your firm’s inspired values must be held to a higher standard than this.
The values must be concrete and measurable; the first measure is whether they elicit a positive emotional reaction that motivates action. You’ll know when the values defined by the inner circle are powerful enough–endorphins will kick in, enthusiasm will rise and it will inspire people to take action.

Drafting Your Firm’s Master Charter (and Creating Derivative Charters)

The inspiration and commitment achieved during the first seminal meetings will soon be evidenced in the creation of your firm’s master charter. As will be discussed in much more detail in later chapters, it is the inspired values and principles found in the master charter that will guide what we call -derivative charters–charters that belong to your key departments, practice groups and committees.

The master charter must be anchored in the leadership’s inspired values. It is the first evidence of what has been a dynamic, proactive process. The master charter must be real, not contrived. It must be rooted in the leadership’s intentions for the firm and the principles on which the firm will be governed from now on.

The master charter will become the focal point of the firm’s identity. It is the document that articulates the inspired values and priorities of the firm. It will not be drafted in a day–creating it takes introspection, analysis, debate and thoughtful examination. But when it is finished, it is the equivalent of a constitution for your firm. If it is done with excellence, it will both guide and inspire every member of your firm to actions that are congruent with the firm’s identity.

Once a powerful firm culture is in place, the master charter’s norms and values will keep the firm on the path to following its inspired values and will discourage individual or group conduct that is inconsistent with those values.

Once the master charter is completed, many law firms falter. The leadership becomes excited about the new charter and circulates it among the other members of the firm. A few memos go out touting the power of vision and describing the bright future that lies ahead. A few of the more ambitious partners try to rally the troops around the cause, but soon the inspiration begins to pale and the charter fades into the background, with no more appeal than the firm’s letterhead and logo.

Resculpting is for naught unless the people below the leadership level believe that the vision is relevant to their lives. I can’t emphasize this enough: The relevance cannot be illusory; it must be as real to them as their weekly paycheck. So your next step must be to give them both the responsibility and the authority to put changes into action.
In order to do this, I recommend that the firm’s charter be a jumping-off point from which each major department creates its own charter and plan of action within the vision that the leadership has delineated. These derivative charters and the strategic action plans will give the members of the firm a personal stake in their future.

The facilitator, with the support of top leadership, must ensure that each of the firm’s major departments, practice groups and committees is given time and support in crafting these all-important documents. Otherwise the subordinates will perpetually feel that this is the leadership’s vision, not theirs. Giving them the opportunity to participate is the only way to make the vision relevant, and it will also make them accountable for the results.

The challenge lies in getting the inspiration and enthusiasm evoked by the creation of the new vision to truly motivate everyone–all the way down to the people on the lowest rungs of the firm’s ladder. The solution is to empower everyone. Skipping this step will undermine all of the firm’s efforts.

In the end, every member of the firm should be enrolled in the change process. Every member of the firm who comes into contact with clients, vendors, other firms’ attorneys, or anyone else should reflect the firm’s inspired values and identity. Every form of marketing, advertising and promotion should be inseparably integrated with the people who make up the firm.

Bringing the Rest on Board (and Creating Strategic Action Plans)

This last step in reinventing the firm happens once the master charter and derivative chapters are written. To allow everyone in the firm to take part–to take ownership–in the changes the firm is making, the leaders of each of the firm’s major departments, committees and practice groups, in conjunction with each of their respective team members, will construct detailed action plans that identify specific goals, specify time lines and names of people accountable for bringing the goals to fruition. These strategic action plans should be developed for each of the major departments in the firm.
Strategic action plans are developed only after the firm’s charter and the derivative charters have been carved out by the leadership. These charters are the basis for the strategic action plans, which are tangible instructions for making decisions and taking action.

Strategic action plans can be thought of as logical extensions of the firm’s values and beliefs. They are, by nature, imbued with the firm’s culture. They can take on enormous momentum, capable of pushing the firm forward to new heights and performance levels.

Strategic action plans bridge the gap between the firm’s words and its deeds. They provide specific task-driven objectives against which the firm’s leadership, including the managers, can test assumptions and gauge the firm’s departmental performance.

The single most important characteristic of strategic action plans is that they are task-specific–they describe purposes, time lines and responsibilities for the tasks the firm performs. These plans, as well as the specific goals they are intended to achieve, must in the end be measured against both the derivative and master charters.

Although it is never easy to challenge the status quo or achieve fundamental change within an organization, the personal and professional rewards are boundless. Moving away from a firm’s preconceived notions frees it from existing limitations. The vision that emerges from the process of sculpting your firm allows your firm to create a new identity that will greatly increase client satisfaction and propel the firm’s success.

Law Firm Branding – The Danger Of Illusory Brands

Over the last ten years, we have witnessed advances in law practice technology, the expanding roles of paralegals, and the outsourcing of legal work. Yet despite all of these cost-cutting and time-saving advantages, many law firms, especially the large ones, remain struggling for their very survival.

Only a decade ago, law firms were enjoying remarkable levels of growth and prosperity. Firm coffers were full and firms were spending significant sums of money on promoting themselves in order to enter new markets and acquire premium business. Some firms even began experimenting with branding. In those days, branding was mostly viewed as just another form of advertising and promotion. In truth, firm leadership rarely understood the branding process or what the concept of branding was actually intended to accomplish. But it didn’t really matter, revenue was climbing and profitability remained strong. But what so many of these firms didn’t expect was that, in just a few years, our economy would be shaken by a deep and fierce recession, one which would shake the financial foundations of even the most profitable of firms.

For law firms, the recession that began in 2007 had, by 2010, penetrated the most sacred of realms- the proverbial benchmark of a firms standing and achievement- profits-per-partner. For many firms, especially mega-firms, the decline in law partner profits were reaching record lows and it wasn’t long until the legal landscape was littered with failed firms both large and small.

In trying to deflect further losses, firms began to lay off associates and staff in record number. But the problems went much deeper. There simply were too many lawyers and not enough premium work to go around. It was a clear case of overcapacity, and it was also clear it was not going to improve anytime soon.

More than twelve of the nation’s major law firms, with more than 1,000 partners between them, had completely failed in a span of about seven years. Against this background, law schools were still churning out thousands of eager law graduates every year. Highly trained young men and women who were starved for the chance to enter a profession that once held the promise of wealth, status and stability.

As partner profits dwindled, partner infighting grew rampant. Partner would compete against partner for the same piece of business. The collegial “team-driven” identity and “progressive culture” that firms spent millions of dollars promoting as their firm’s unique brand and culture had vanished as quickly as it was created. While financial times were tough, in truth many of the big firms had the resources to survive the downturn. Instead, partners with big books of business were choosing to take what they could and joined other firms- demoralizing those left behind.

To understand why this was happening, we must first remove ourselves from the specific context and internal politics of any one firm and consider the larger picture. The failure and decline of firms was not only a crisis of economics and overcapacity, it was also a crisis of character, identity, values and leadership. Sadly, the brand identity many of these firms pronounced as their own did not match up against the reality of who they actually were. In other words, for many firms, the brand identity they created was illusory- and illusory brands ultimately fracture in times of financial stress.

Ultimately, the branding process must also be a transformative process in search of the firms highest and most cherished values. It is, and must be, a process of reinvention at every level of the firm- especially its leadership. The transformative process is fundamental to building a true and enduring brand. Without it, firms run the risk of communicating an identity that does not represent them, and this is the danger, especially when the firm is tested against the stress of difficult times.

How this miscommunication of identity was allowed to happen varied widely from firm to firm. But generally speaking, while firm leadership was initially supportive of the branding process, in most cases these same partners were rarely willing to risk exposing the firm’s real problems in fear that it would expose their own.

While decline of law firm revenue was clearly attributable to both a bad economy and an oversupply of lawyers, from an internal perspective the firm’s inability to come together and develop effective measures to withstand these pressures could usually be traced directly back to the lack of partner leadership. A firm that proclaims to be something it is not- is inevitably doomed to failure. Say nothing of the psychic damage it causes at the collective level of the firm. It is no different then the psychological dynamics of the person who pretends to be someone he is not- ultimately it leads to confusion, frustration and eventually self-betrayal.

It’s easy to indulge in self-praise when economic times are good. Some partners might even attribute their success to all that clever branding they put into place years before. But, when the threat of financial crisis enters the picture, the same firm can quickly devolve into self-predatory behavior- a vicious cycle of fear and greed that inevitably turns into an “eat-or-be-eaten” culture- which for most firms marks the beginning of the end.

For any firm playing out its last inning, it is simply too late to rally the troops or reach for those so-called cherished values that were supposedly driving the firm’s success. In truth, when times got bad, these values were nowhere to be found, except on the firms website, magazine ads and brochures.

The point is that when a firm is actually driven by its cherished beliefs and core values, the firm will begin to live by them, especially in times of adversity. The firm will pull together and rally behind its leadership, and with clarity of purpose, each person will do what needs to be done to weather the storm. But when there exists a fundamental contradiction between what a firm says they are, and how they actually conduct themselves both internally and to the world- the vendors with whom they do business and the clients they represent- the firm will never reach its full potential. It will remain dysfunctional and it will risk joining that growing list of failed firms.

The financial collapse and deterioration of so many law firms in the past few years is a compelling testament to the importance of insisting on truth and integrity in the branding process.

In 2014, it is clear that business-as-usual in our profession is no longer a sustainable proposition. For this reason I am convinced that firms driven by fear and greed are firms destined to eventually self-destruct. That is because, no matter how much these firms try to brand, they will never be able to brand truthfully, and therefore they will never be able to compete against more progressive and enlightened firms- those that do not worship wealth and power, but rather cherish personal and professional fulfillment.

There is a choice for those who believe their firm is worth saving- reinvent yourself to reflect values that are truly worthy of cherishing, or risk devolving into something less than what you aspire to be and risk your firm’s heart and soul in the process.

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