The Court Of Public Opinion

One of the most common structures for law firms is a business partnership. There are many reasons why, but if you consider that it is probably the most difficult arrangement for doing business, you would think that attorneys some of whom are the experts in the creation and dissolution of business entities would avoid them. Yet this is not the case. In fact, some lawyers join and leave partnerships more often than some people buy new cars.

What is a partnership?
A partnership is a voluntary relationship between individuals or entities, characterized by cooperation and responsibility and intended to focus on a common goal. It is a contract between competent persons for pooling their money, goods, labor and/or skill with the agreement that profits will be divided between them, and that they will use the partnership entity to conduct business for their mutual benefit.

In the qualitative sense, partnership is characterized by accord, affinity, collaboration, fraternization, support and friendship. Many law firms are known for being viable partnerships that work to represent the interests and skills of each shareholder in the best possible manner. Some firms even evidence that spirit of cooperation that makes a partnership incredible and fun bringing profit and goodwill to all the participants, including staff and clients. This, obviously, is the ideal firm. However, firms do not usually start out that way, and many never even approach it.

Why do so many firms fall short of the ideal?
The short answer, of course, is because there are humans involved. Nevertheless, it might be helpful to consider that the people who become attorneys have a determination that propels them into law school and to do what is necessary to pass the bar exam. This process of education and examination hones their innate drive into a focused, goal-oriented person. This places members of the legal profession among the most educated and trained in our society.

When a new lawyer passes the bar, what does the future hold? Often it is as an associate in a firm. This is where the real training begins. Associates are expected to be able to think on their feet, to do whatever partners do not want to do, to adapt to rigid rules of the court, and to substitute for other attorneys at the last minute with little opportunity to prepare and little knowledge of the case they are representing. All the while, order and decorum must be maintained. This training process helps them to become great client advocates and when you add the billable hour expectations of many firms it also builds their endurance (tolerance for pain). Over time, the process yields its likely product an attorney with a warrior persona, prepared to subjugate their own needs in the service of their clients. This is the high and noble calling of the profession.

Concurrent with all this training, the internal motivation of the person continues to develop. While the qualifying process is taking place, their initial motivation, drive or vision is becoming strengthened as well. Often kept at bay with the promise of future rewards partnership, private practice, social status and/or better-than-average compensation, this drive must come into self-expression. Goal-driven, status seeking and reward focused, the next logical step for many is either partner or private practice. The strength of character required is similar, but it is at this point that the challenges diverge. Our purpose here is to address the challenges facing the partners in firms.

Making partner is a goal for most associates and, for them, it is as important often more so as marriage. Of course, it also brings all of the obligations, but very different rewards. Like the marriage ceremony, partnership brings on a new era filled with new duties that have to do with the successful running of the firm itself and with meeting the expectations of the other partners. It is here that the groundwork is laid for the future of the firm.

Large firms have developed cultures that incubate associates to fit in. Those who do become partner. The others leave the firm. Smaller firms, however, are made up of lawyers who either did not fit into the mold of the larger firms or wanted more control over their destiny.

Law school friends, who trained in different firms and disciplines, may decide to begin a practice together. A few associates in a practice area of a large firm may opt to begin a boutique firm. Regardless of the course of their arrival, the attorneys who become the partners of small and medium firms, immediately face two new challenges in addition to the need to generate and service their own book of business cooperation with the other partners to mutual objectives and fulfilling their share of the obligations of managing the practice.

However, nothing in their training has prepared them for meeting the shared, yet sometimes clashing interests and expectations of their partners. Law school does little to prepare attorneys for the business necessities of running a practice. Most law firms do not train the associates in it either. Up to the moment of becoming a partner, the attorneys career has been largely a solitary performance and the rewards have been commensurate with it. It is at this time that the repressed, but strong internal motivators combined with the warrior persona tend to rise to the surface. Without the training for business, this personality does not bend easily toward cooperation even when appropriate and beneficial to his or her own interests.

Partnerships are formed for a variety of reasons, usually based more on hope than research. As partners, financial rewards are based upon the shared performance of all partners. However, often the partners do not share the same objectives or circumstances. Sometimes the approach to fees is similar. Other times it is drastically different. Firms are founded where the partnership may consist of a litigator, a family practice attorney, a personal injury lawyer and an insurance specialist. In firms like this, the issue of how to compensate the partners becomes a major issue due to the differences in cash flow and funding requirements. Even in boutique firms where fee structures are not a concern, the necessity of managing the practice still exists. Determining who is best suited to handle the various issues of conducting the regular business of the firm; hiring, managing and terminating staff; and keeping the books is not an option, but a requirement.

In these situations, the responsibilities may be parceled out, but usually little reward is given for doing the management work. In smaller firms, rainmaking is power. The best rainmaker often shirks other responsibilities because it is necessary to bring in the cash to keep the firm operating. The other partners end up carrying more of the management load. This means their opportunities to bring in new cases further declines. Soon, non-alignment, resentment and disrespect set in.

Combine that with the warrior inclination and the lack of training in cooperative communication and you have fertile ground for growing troubles. This is often complicated by the inability of the partners to find convenient times to discuss the issues, so they get put off and the resentment may turn into discord or repressed hostility. If one of the partners is particularly successful in bringing in cash, resentment and discord quickly become antagonism and outright warfare. These are the antithesis of true partnership.

Recognition, Resolution and Growth
All firms must face these challenges at one time or another. The largest firms have confronted them and designed solutions to address them, enabling growth and prosperity for partners with a divergence of talent and skills. Smaller firms have a harder time due to the perception of a lack of time and funds to overcome the problems.

The keys to passing through this phase: recognition, telling the truth about it, a commitment to the growth of the firm above self-interests, communication with your partners so that everyone wins, finding the right combination of new business generation, client service, firm management and partner relations.

Unfortunately, there is no guaranteed winning formula. Each partnership must face the challenges and design its own solutions. Generally, when mutual respect and acknowledgment of the value of all aspects of work done for the firm are the rule, solutions can be designed to enable firms to grow beyond these difficulties. As with most things, the earlier that this is recognized and accomplished, the greater the likelihood of success and growth.

Dennis McCue, a Certified Management Consultant, is Principal of Dynamic Firm Management, dedicated to making law firms more successful. To reach him, call 949-640-2220 or visit: www.dynamicfirm.com

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I am a Miami Lawyer, practicing Personal Injury, Criminal Law, Immigration, Divorce, etc. and I deal with several clients on a daily baisis. I think that clients are entilte to get the best attorney possible. I think that every client in legal matter, (whether it be Personal Injury, Criminal Law, Immigration, or Divorce) should possess the following basic client rights:as published by the Florida Bar

When I retain a lawyer, I am entitled to one who:

1 WILL be capable of handling my case.

2 WILL represent me zealously and seek any lawful means to present or defend my case.

3 WILL preserve my confidences, secrets or statements which I reveal in the course of our relationship.

4 WILL give me the right to make the ultimate decision on the objectives to be pursued in my case.

5 WILL charge me a reasonable fee and tell me, in advance of being hired and upon my request, the basis of that fee.

6 WILL show me courtesy and consideration at all times.

7 WILL exercise independent professional judgment in my behalf, free from compromising influences.

8 WILL inform me periodically about the status of my case and, at my request, give me copies of documents prepared.

9 WILL exhibit the highest degree of ethical conduct.

10 WILL refer me to other legal counsel, if he or she cannot properly represent me.

again, i welcome questions regarding florida personal injury cases. As mentioned before, I am a Miami Lawyer, practicing Personal Injury, Criminal Law, Immigration, Divorce, etc. and I deal with several clients on a daily baisis.

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Chances are if you are looking for a lawyer you are at a very stressful time in your life, and are overwhelmed. It doesnt have to be as hard or as costly as you think to find a good lawyer. Provided below are some tips that can take the stress out of finding a lawyer

What is it that you want - When first starting out the whole process take time to jot down exactly what it is that you want in a lawyer and in your legal case in general. This will help save you cost and aid greatly in finding a lawyer. Have a detailed layout of your whole case, what it is that has happened, and what it is you want to happen as a result of the legal case. Another very important question to ask yourself is: How much can you afford to spend on a lawyer?

Where to Look for a lawyer - Are first instinct when looking for a lawyer is to flip through the yellow pages and to see which ad, or slogan sounds right. This isnt the worst idea, although setting up consultations can be very timely and time consuming. I would recommend talking to friends and family first to see if they or anyone they know have had experience working with lawyers in your area and what they would recommend. Several people have gone through the same situation as you, ask around, and Im sure they will gladly help you out as they understand what it is like to be in your shoes. There are also several places online where you can search for lawyers. Be careful when searching online as often times sources arent as creditable as they would give themselves credit for.

What to look for in a lawyer - I think the most important aspect in finding a lawyer is finding someone that you can work with. You might find the best lawyer in the world, but if your personalities dont mesh, your going to have a really hard time working through your case. Make sure the lawyer you seek out has experience and expertise in the matter that you need him or her for. For Example if you need a divorce lawyer, there is no sense going to a lawyer who specializes in Corporate Law. This will help save in legal fees and also give you a much better chance in the case you are fighting. Look into the Lawyers experience and history. Is this lawyer qualified to handle your case?

If you take these things into consideration I have no doubt that you will have success in finding a great lawyer.

Feel free to reprint this article as long as you keep the following caption and author biography in tact with all hyperlinks.

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Attorneys are all about money, right?

Were the ones who cue our families for photographs with, Everybody smile and say, Fees! Go ahead. Insert your own joke here. We can take it. But despite the jokes and our reputation, most of us are businessmen, too. We understand the need to control costs. We dont like wasting anyones time, either.

Were just like you. We thrive on referrals and return business. If we gouge clients, a lot of people hear about it.

So Im here, as an attorney, to tell you how to keep your legal costs under control. Ive enjoyed twenty years in my career with firms ranging in size from more than 500 lawyers to firms with less than five attorneys. Its this simple: When companies follow these nine keys for hiring and using legal counsel, they crunch their legal costsand actually increase the quality of their legal representation.

Key #1. Get the right lawyer for the job.

Get the lawyer whose practice focuses on the narrow area of law in which you need assistance. (This almost always means you need more than one law firm doing your legal work, by the way.)

Choosing the right lawyer can save you big money in the long run. The focus of my practice is international dispute resolution. Many times, the best way to collect a debt owed by a foreign company (particularly if that company is based in an emerging market country) is to seize an asset of that company in a foreign country. Suing these companies in the United States is very expensive. Many countries do not fully recognize U.S. judgments. You sue here and take the judgment there, only to learn you essentially need to sue again and win in your debtor companys home country. Seizing your debtors valuable asset in a neutral third country can oftentimes be the best solution.

The problem is that many, if not most, of the contracts my clients or their attorneys ask me to collect on outside of the United States werent written with that in mind. Why not? Because they werent written by an international lawyer. In these cases, Im only brought in as the specialist to do damage control long after the agreement is executed. Many of these contracts state very explicitly that the clients home city is the only jurisdiction in which any lawsuit might be brought. So what happens? Such a provision can preclude action in some foreign countries and make seizure in all of them more problematic.

I had a recent case where I am certain we could have collected a million dollars for the client in an overseas jurisdiction had there not been a provision requiring litigation in an East Coast state. My East Coast client may have saved a few hundred dollars by having his regular lawyer draft the contract, but in the end, it may have cost them a million dollars.

Choosing the specialist usually saves money in the short term as well. My next door neighbor asked me to be her lawyer in purchasing a house from her parents. (A reminder: I do international dispute resolution.) I made clear I had absolutely no real estate background and that this transfer would be far more complicated than she probably realized.

My neighbor needed an attorney with experience in these deals. I knew such a deal should be structured to legally minimize various taxes and I told her that if she used someone without experience in this specific arealike meshe increased the likelihood of missing out on some tax benefit. Still, the clincher was when I told her that it would take someone like me around 30 hours to do such a project, while someone who was familiar with the legal territory would probably get it done in half the time.

I recommended a top-flight real estate lawyer with a tax background and told my neighbor she should expect legal fees of at least $3,500. She mentioned that the lawyer Id recommended had completed the job, tax benefits intact, for much less.

I was shocked by the low fees and called the real estate lawyer for an explanation (I actually thought he had cut my neighbor a break as a favor to me). The lawyer told me it had taken him only three hours for the job because he does about twenty of these transactions a year. That means there is no need for him to research the tax laws each time so what would take me 30 hours takes him three.

This illustrates an old adage about the best way to find the best lawyer for your particular matter: solicit suggestions from your regular lawyer, or a friend who is an attorney. However, you need to ask for more than, for example, someone who has ever done a trademark registration. In that case, youll probably be passed off to another lawyer in his firm that has handled a few trademarks rather than getting the name of a well-respected trademark lawyer outside the firm. Using the in-firm corporate generalist for your trademark work will prove mighty expensive if that generalist misses something in the registration.

Key #2: Stay in constant communication with your lawyer.

It may seem completely counter-intuitive that constantly communicating with your lawyer will save you money, but it almost surely will.

In reality, staying in good communication with your lawyer is the rough equivalent of regularly changing the oil in your car. It costs money each time, but a blown engine or (in the case of legal services) a big lawsuit is going to cost you a lot more in the long run than a few oil changes or phone calls along the way.

This brings me right to the next key:

Key #3: Know your goals and tell your lawyer [WHAT THEY ARE.

This is an ouch item. Remember the old Rolling Stones song You Cant Always Get What You Want? With your counsel, You Wont Ever Get What You Want if you dont know what you want to achieve through legal representation.

Its your lawyers job to explain various possible outcomes of a case or transaction, but its your job to know what your goals are. You are always going to know your business better than your lawyer.

Many years ago, a client came to me about six months into some highly contentious litigation with his business partner. The client had already spent around $50,000 on this case he had brought, but he had a vague sense of uneasiness about it. His regular corporate counsel had referred him to me for a second opinion regarding the litigation.

I met with the client for a few hours and learned that he wanted me to make sure his lawyers were handling the case properly. During this conversation, the client must have told me at least ten times that he never wanted to do business with his partner again. I told him I would review the entire case file and get back to him in a few days.

When we met again a few days later, I told him that his lawyers had been doing a fine job. Again, he kept mentioning how he never wanted to do business with his partner again.

I then asked him whether he realized that no matter what happened in his lawsuit against his business partner, they would still be partners at the end. Heres the ouch: it turns out the client had thought that victory in his lawsuit would remove his partner from the partnership. The client had fifty grand into this process, and that goal of dissolving the partnership just wasnt going to happen.

I then spoke with litigation counsel who confirmed the lawsuit could never achieve that objective. The lawsuit was just to seek compensation from the partner for business he had allegedly diverted to another of his companies that should have gone to the partnership. We met a few times with his partner (who actually wanted out of the partnership). Within a few weeks, we achieved a settlement that removed the partner from my clients businessand ended the litigation that should never have been started in the first place.

Key #4: Avoid Litigation.

Being sued or finding yourself in a position where you have no real choice but to sue should almost always be avoided. This is easier said than done, but by living up to your agreements (and getting them in writing), spending a little up-front in legal fees and consulting with lawyers, you can go far in avoiding most lawsuits.

However, litigation is often necessary and should even sometimes be employed to further broad strategic business objectives. Nonetheless, once litigation has begun it is time consuming, difficult to control, and very expensive.

Regular communications with your lawyer will better enable her to head off problems before litigation becomes the only solution. It will also enable her to better position you to prevail in any such litigation, if it cannot be avoided.

I have found that the clients who are best at communicating with me have gone through litigation and truly understand the need to avoid it. Concentrate your efforts close to home. While great time and effort are spent on protecting against injury lawsuits (hot coffee and the like), that risk for most businesses is relatively small and, more importantly, can be insured against. For most businesses, employee and contract issues present a greater danger of getting out of hand. Ironically, these are precisely the issues that are easy to avoid up-front with proactive employment policies and clear written contracts.

Key #5: Use a law firm that appropriately outsources.

The big firms are usually set up in such a way that the profits of the partners come from the work of their associates. These associates are often recent law graduates who are likely to be far less efficient than a more senior lawyer. Put simply, 20 hours at $200 will cost you more than 10 hours at $300.

Associate time is often a lousy value. Law firms love having their associates doing legal research. The associate conducts highly profitable legal research and the law firm avoids having an inexperienced lawyer making strategic decisions. In the meantime you are paying to help train that associate. In seven years or so, hell be ready to become a partner and use a new associate to do the same thing to some other client.

How can you avoid putting too much of your legal budget into associates? On each matter ask your lawyer whether it would be possible for her to subcontract out some of the research work by using a part-time contract lawyer or even an overseas research service.

In Seattle there are many lawyers who, for whatever reason, do not wish to work full time and so contract out their legal research services for anywhere from $30 to $70. Though your law firm will justifiably mark up these charges to cover their normal overhead, you still should expect substantial savings. There is even the possibility of using overseas lawyers to assist in initial research of some matters. With competent lawyers in India charging as little as $7 an hour for computerized legal research, there is no reason not to give them the first crack at research that your lawyer will have plenty of time to review and supplement.

The outsourcing used by your law firm should not be confined just to lawyers, either:

• Good Japanese translators are in great demand in this country and so they are quite expensive. For years we have been successfully e-mailing Japanese documents to excellent translators in Russia who charge 1/5 as much.
• We realize substantial savings for our clients by having our Chinese documents translated in China, rather than here.
• We have used Korean engineers for initial engineering review on cases, saving at least 30%.

We even encourage Vancouver or Toronto, Canada, arbitration provisions in our clients international contracts because Vancouver arbitrators, though quite competent, generally cost about half of those in the locales most commonly used for international arbitration (London, New York, and Stockholm).

Key #6: Explore alternative fee arrangements.

It almost always makes sense to at least discuss with your lawyer billing arrangements other than straight hourly fees.

Perhaps youll both benefit from a fixed fee arrangement. Here, you and your lawyer agree on a fixed fee that covers legal services. The real advantage in this arrangement, for both counsel and the client, is the ability to budget in advance and so limit billing surprises for both of you.

Contingent fees are another alternative option. Simply stated, the law firm is paid contingent upon the results they achieve. Although you often hear If we dont win, you dont pay on TV commercials, the more common arrangement in business cases is to use contingent fees in combination with cost-reduced or limited-number hourly fees.

There are also a number of hourly billing variations to consider. One common option is to negotiate a reduced hourly rate plus bonus. Here, an agreement can put your counsel at a reduced hourly rate plus bonuses to be paid for meeting or exceeding deadlines you agree upon.

Key #7: Have your lawyer give you an estimate of the fees and costs.

Its in your best interest to get an estimate of your legal fees.

An estimate is just that: an estimate. Legal fees are often difficult to predict, particularly in litigation where the opposing partys tactics greatly influence what your lawyer is required to do. However, you still need an idea of the legal costs youre about to encounter.

From my perspective as counsel, I have learned that it is always a good idea to give an estimate because sometimes clients truly have no idea exactly what is involved in handling a particular matter. Years ago, a client called me wanting to seize the assets of a Russian company that owed his company about $350,000. Because this was the first time I had worked with the company, I wanted to impress the client and I told him that I would use my contacts throughout Asia to determine whether this company had any assets there that could be seized. I also told him I would be working with a Russian law firm to explore the likelihood of success if we needed to sue in Russia. When he agreed to that strategy, my firm did all of these things, incurring $5,000 in fees and costs. About half of that went to lawyers/agents in Korea, China, Hong Kong, and Japan and to the lawyers in Russia who had written a very good four-page memorandum outlining what would likely happen if we were to sue in Russia.

I reported back to the client within a week and gave him very clear directions on what we needed to do to recover the debt. I then sent out the bill for approximately $5,000, believing we had done a great job very quickly and efficiently. I assumed the client was very happy with our work and would gladly pay the bill. (I can assure you that my clients for whom I regularly do this sort of work would not have batted an eye at the bill.)

My assumption was wrong. The client called and said he had no idea that it would cost so much. This struck me as curious, since the client was a rather sophisticated business person whose company uses one of the big firms in town. Yet he told me that he thought that my search for assets, and my working with Russian lawyers, would basically consist of one afternoons worth of phone calls. Because the miscommunication regarding fees was more my fault than his, I drastically cut the bill. But from then on Ive tried to always give an estimate up front and then continue to update that estimate as the work progresses.

Key #8: Dont focus too much on the attorneys hourly rate.

An in-house counsel for one of the largest corporations in America once told me that, no matter what the hourly fees were at the various firms used by her company, in the end, most of the firms tended to charge similar amounts. According to her, the firm whose partner billed out at $250 per hour simply billed more time than the firm whose partners billed out at $350. At the $350 per hour firm, more work would go to associates.

So heres the principle behind the key: Focus on lowering your total bill, not on the fees charged by individual lawyers.

Key #9: Dont forget about insurance.

One of the best investments against monumental legal fees is insurance.

Carry liability insurance and, if feasible, carry directors and officers liability insurance. Discuss your various insurance options with both your broker and your lawyer. Then, if you do get sued for any reason, have your lawyer check your policy to see if you have coverage. Too many times, companies have assumed their policy could never cover a particular matter when in fact it either might or it does.

These nine keys combined can form a powerful strategy to significantly control your legal costs. You may never be able to smile with your lawyers when they say Fees! for the firms holiday photo, but youll know youre making the most of your legal budget.

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Emerging markets are high risk and high reward. In my work as an attorney representing Western companies in emerging markets, I have concluded there are four essential elements to emerging market success: a good partner, an open mind, active participation, and extreme patience.

I have seen enough essential similarities between such diverse countries as Russia, Korea (ten years ago when it was still an emerging market country), Vietnam, and even the Gambia and Papua New Guinea, to believe certain core generalizations hold true for all or nearly all emerging market nations. Just as a good concept, a strong market, and good execution are necessary in all countries, so too are these four simple principles the keys to success in emerging market nations.

PRINCIPLE ONE: A Good Partner is the sine qua non of Success.

The quality of the local partner is the indispensable element for emerging market success. So where do you begin?

Start with due diligence. Before doing business with anyone, you must first determine what you need from your partner in the particular country in which you will be conducting business. In my experience, foreign companies need a local partner who is effective, cooperative, and (most important of all) trustworthy.

Emerging market countries almost always have less-than-fully-formed legal systems. Their laws are oftentimes slanted towards the government and away from free markets. Their courts are slow and often corrupt. Form takes precedence over substance in ways completely unfamiliar to Westerners. One small technical miscue on your part might eliminate your right to sue your partner for having stolen all of your money. It might even lead to you and your company being kicked out of the country, while your assets remain.

Of course you should do your best to avoid technical miscues, but the better strategy is to pick your partner well.

So what should you look for in a local partner? Political connections? Yes and no:

• Yes, because you probably will need someone with sufficient dexterity to maneuver around often-suffocating business laws and a bureaucracy that may try to cut in on your business at every turn.
• No, if you think that is all you will need. Just as in the West, the politically connected are usually more a government type than a business person. Partnering with someone in an emerging country with whom you would never consider partnering back home is a mistake.

Political clout in emerging market countries is often more effective for avoiding legal responsibility for something like a debt than it is in generating business revenues. I have seen countless instances where a foreign company partners with someone because he is tight with the governor, only to see the business crushed by the new governor as part of his house cleaning. The best partner is politically connected only to the extent necessary for business success.

Your partner’s character and reputation are your protection in countries where the court system is not. Do not partner in any sense of that term without having conducted thorough due diligence.

Get to know your potential partner. If he is legitimate and wants to work with you for the long term, he will expect you to want to get to know him better and think nothing of your wanting multiple meetings before signing any deal.

Use every source you have to find out about your potential partner. Check his references, particularly those of other foreign firms with whom he has worked. Hire a local lawyer or investigator to confirm he and his various businesses are in good standing with all creditors and taxing authorities. If your potential partner is in Vladivostok, Russia or Qingdao, China, hiring a lawyer in Moscow or Shanghai will probably not be good enough. Find someone you can trust with contacts where your potential partner conducts business.

PRINCIPLE TWO: Keep an Open Mind. Assume Nothing.

Doing business in an emerging market means taking nothing for granted. I have a mantra for my own legal work in these countries that translates well to the business world: Assume nothing, but assume that you are assuming things without even realizing you are doing so.

Things will be different. Very different. Things you take for granted in your home country might not exist in the emerging market country. Things you take for granted in your home country might be the exact opposite in the emerging market country. Things you think will be totally different in the emerging market country may be exactly the same. Things you thought you knew about emerging market countries based on what you know from another emerging market country may be completely different in a neighboring country, or even in another region within the same country.

The principle, one more time: Keep an open mind, and assume nothing.

PRINCIPLE THREE: Participate in Everything.

In many emerging market countries, local businesses take advantage of corruption to avoid complying with laws. This may work for the locals, but it won’t work for you. The easiest way for a local rival to drive you out is for you to do something illegal. Neither you nor your government will have good grounds to complain if your rival gets your business closed down due to your illegal activity. It might even be your own partner who reports you so he can assume full ownership and control of your business.

You must have your own people on the ground, leading, training, and instructing on business methods, business ethics, efficiency, and quality control, among other things.

We have a saying in our law office that one day of face-to-face meetings with local counsel is equivalent to one month of telephone calls and e-mails in terms of getting things done. This is equally true on the business front.

PRINCIPLE FOUR: Exercise Extreme Patience.

This principle stems from the maxim that everything takes twice as long as you think it will. If it takes twice as long in the West, triple that in emerging market countries. You’ll go in both as a businessperson and a teacherand in both roles, the learning curve of your partner will almost certainly take way more time to deal with than you think.

For example, many emerging market countries have a history where bad business meant thinking long-term. A year or two after the fall of Soviet communism, I was involved in a matter where an investor put $250,000 into a Russian joint venture. The business very quickly was making good money and all indicators pointed towards steadily increasing profitability. But, quite quickly, the Russian company stole the $250,000. Was it so irrational for him to think so short term in a country where the government and tax systems had such a history of unpredictability?

Remember: It takes patience to encourage change of mindset. Extreme patience.

EMERGING MARKET SUCCESS

Emerging markets cannot be approached with a quick-kill mentality. Above all else, emerging market success demands a good partner, an open mind, a high degree of participation, and extreme patience.

It is certainly risky. It can also be very profitable.

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If you run into a legal dispute, and everyone does, you may need to hire a law firm to represent you. If so, it helps to know who is who in regard to positions in the law firm.

Positions in a Law Firm

It may come as a surprise to learn that law firms tend to be very rigid in their structure. From the very beginning, the law firm has maintained a layered structure that just seemed to work. As the years have passed, there has been little or no change to this structure. If you retain a law firm to represent you in any legal matter, it helps to understand the positions and who you will be speaking with.

At the top of the organization chart is the lead attorney on your case. This is where the buck stops when it comes to strategy, final decisions and problems. The lead attorney is often a partner in the firm, but not always. He or she is the attorney you will probably meet with when you first come into the firm. The attorney is responsible for practically everything on your case, but has a team that does much of the leg work on day to day matters.

Below the lead attorney, one tends to find an associate lawyer. The associate is typically a less experienced attorney who is earning his or her stripes and trying to work their way up to a partner position. When it comes to communicating with the firm on your case, you will inevitably talk with the associate on numerous occasions. He or she will often call with questions related to factual issues and will address many of your questions as they arise.

Next comes the valuable paralegal. The paralegal is not a licensed attorney, but is often very knowledgeable on legal issues and strategies. The paralegal role in a firm is to do most of the detail work. This can include hunting down witnesses, setting depositions, compiling filings and so on. He or she will often share work with the associate attorney.

Finally, the law clerk is a person in the firm that will probably work on your case a lot without you even knowing it. A law clerk is almost always a law school student. To pick up practical experience, the law clerk takes a part time position with the firm. The job duties vary from firm to firm, but often are focused on doing legal research on various legal issues. Much of the legal regulation of a situation is determined by case law opinions issues by appellate or supreme courts of the states and federal jurisdictions. A law clerk spends a lot of time in a library reading these as they relate to your matter and reporting the results back to the associate and lead attorney.

One of the keys to understanding how to deal with a law firm is to know who is who. Now you do.

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Anyone who cares about the feelings of their family members, or their own final health care treatment, should consider executing a Living Will. It has become an essential element in the practice of Estate Planning Attorneys.

Why? A Living Will permits the patient to communicate, in advance, the medical care decisions he or she would make if rendered incapacitated, so that their family wont be put in the difficult position of having to do so for them.

The recent nationwide controversy caused by the unfortunate situation of a woman in Florida, who did not possess a Living Will, has demonstrated the family pain created by this issue and sparked renewed public interest in the Living Will. Clients from California to New Jersey have contacted Estate Planning Attorneys to learn more about them.

The Basics:

The legal name for a Living Will is an Advanced Directive, a document codified nearly 15 years ago by The New Jersey Advanced Directives for Health Care Act.

In New Jersey, according to the law, an Advanced Directive, or Living Will, in and of itself, is a simple document needing only to be in writing, signed and dated in the presence of two subscribing adult witnesses who must attest to the fact that the person is of sound mind and free from duress and undue influence. Alternatively, it simply may be signed, dated and acknowledged before a notary public, an attorney or other person authorized in New Jersey to administer oaths.

The Advanced Directive becomes operative when it is transmitted to the attending physician who has determined that the patient lacks the capacity to make a particular health care decision.

Once made, the patient may revoke the Advanced Directive either by oral or written notification of the revocation to the Health Care Representative, physician, nurse or other health care professional, or by any other act evidencing an intent to revoke the document. In other words, the patient can change his or her mind, at any time, simply by saying so.

What It Does:

Consistent with the terms of an Advance Directive, life-sustaining treatment may be withheld or withdrawn from a patient if the life-sustaining treatment is:

Experimental and not proven therapy, or is likely to be ineffective or futile in prolonging life, or is likely to merely prolong an imminent dying process;

The patient is permanently unconscious, as determined by the attending physician and confirmed by a second qualified physician;

The patient is in a terminal condition as determined by the attending physician and confirmed by a second qualified physician, or

The patient has a serious irreversible illness or condition, and the likely risks and burdens associated with the medial intervention to be withheld or withdrawn may be reasonably judged to outweigh the likely benefits to the patients from such intervention or imposition on an unwilling patient would be inhumane.

The law allows the attending physician, consistent with the terms of the Advance Directive, to issue a Do Not Resuscitate Order.

Two Types — Instruction and Proxy:

There are two types of New Jersey Advanced Directive, or Living Will: An Instruction Directive and a Proxy Directive. You may choose to create either one or both.

The first type, an Instructive Directive is what clients usually mean when referring to a Living Will. It provides instructions and directions regarding health care in the event that the patient subsequently lacks such decision-making capacity. The Instruction Directive may state the persons general treatment philosophy and objections together with the persons specific wishes regarding the provision, withholding or withdrawal of any form of health care, including life-sustaining treatment.

The second type, the Proxy Directive is more similar to a Power of Attorney because it appoints a Health Care Representative to make health care decisions in the event the patient subsequently loses the capacity to make such decisions.

A person may appoint as his Health Care Representative any competent adult, including a family member, a friend or a religious adviser. Once the persons attending physician determines that a person lacks decision- making capacity (along with confirmation of another physician, unless that persons lack of decision-making capacity is clearly apparent), the Health Care Representative has the authority to make health care decisions on behalf of the patient. The Health Care Representative is to make all health care decisions the patient would have made had he or she possessed decision-making capacity, or where the patients wishes cannot be determined adequately, to make a decision in the best interest of the patient.

In carrying out the persons wishes, the Health Care Representative is to give priority to that patients Instruction Directive, if one exists. Also, a Proxy Directive can be written in New Jersey so as to place specific limitations upon the authority of the Health Care Representative.

Also important to note, the Living Will statute in New Jersey covering Proxy Directives specifically protects the patients Health Care Representative from liability. The law states that the Health Care Representative is not imposed with any liability for any portion of the persons health care costs, not subject to criminal or civil liability for any action performed in good faith and in accordance with the provisions of the act to carry out the terms of the Advance Directive.

Physician and Hospital Responsibilities:

Interestingly, the law requires the attending physician to make affirmative inquiry of the patient, his family or others as appropriate under the circumstances, concerning the existence of an Advance Directive. In other words, the attending physician must initiate the question of a Living Will. The attending physician is required to note in the patients medical records whether an Advance Directive exists and the name of the patients Health Care Representative, if any. If an Advance Directive exists, a copy must be attached to the patients medial records.

Health care institutions including hospitals, nursing homes, home health care agencies and hospice programs are required to adopt policies and practices that are necessary to provide for routine inquiry at the time of admission and other appropriate times concerning the existence and location of an Advance Directive. Moreover, health care institutions must adopt policies and practices necessary to provide appropriate informational materials concerning Advance Directive to all interested patients, their families and their Health Care Representatives, and to assist those patients in discussing the executing an Advance Directive.

These health care institutions will also be required to adopt policies and practices necessary to educate patients, their families and Health Care Representatives about the availability, benefits and burdens of rehabilitative treatment, therapy and services, included but not limited to family and social services, self-help and advocacy services, employment and community living, and the use of assisting devices. Health care institutions must establish procedures and practices for resolution of the disputes among the patient, and Health Care Representative and attending physician in the event there is disagreement concerning the patients decision making capacity or in the interpretation of the Advance Directive concerning the patients course of treatment.

The New Jersey law on Living Wills expressly states that it should not be interpreted to impair the obligations of health care professionals to provide for the care and comfort of the patient and to alleviate pain, in accordance with accepted medical and nursing standards.

The patients family, Health Care Representative, and appropriate others should be informed that if a person has appointed a Health Care Representative and subsequently lacks decisions-making capacity concerning a particular health care decision, the attending physician must obtain the informed consent for, or refusal of, health care from the Health Care Representative after discussing the nature and the consequences of the persons medical condition, and the risks, benefits and burdens of the proposed health care and its alternatives. However, if the patient is subsequently found to possess adequate decision-making capacity, the patient shall retain legal authority to make the health care decision.

Moreover, even if the patient lacks decision-making capacity, but nonetheless clearly expresses the wish that medically appropriate measures be utilized to sustain life, that wish shall take precedence over any contrary decision of the Health Care Representative and over any contrary statement in the patients Instructive Directive.

Conclusion:

The services of an Estate Planning Attorney are not necessarily required in New Jersey to execute a Living Will just as they are not required to execute a Real Estate Contract or a Last Will & Testament provided the document is in the proper form, correctly drafted, signed and witnessed. However to be sure that a Living Will conforms to New Jersey legal guidelines and that the patients wishes in the event of incapacity are clearly expressed so as to be understood and followed it may be prudent to consult a lawyer experienced in Estate Planning before the occasion arises in which the Living Will is needed.

Thomas G. McMahon, Esq. is a attorney in the Princeton-based law firm Pellettieri, Rabstein & Altman who specializes in estate planning and tax litigation. You can reach Mr. McMahon at 609-520-0900, or visit http://www.pralaw.com

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