In case of emergency, break seal and implement contents:
Ian...barister...pointed out to me that about only 1% of legal disputes actually end up in court. Therefore the other 99% are getting resolved by effective negotiating. And unfortunately, negotiating with law firms doesn't get taught in any MBA course in Australia.
So here's six pointers I have learnt along the way:
- Don't get scared by nasty letters. In fact, most of the time you can safely ignore them and the deadlines they contain, especially if they are arbitrary – eg. "you have seven days to respond".
- Conversely, don't send scary letters to people. They are mostly a waste of time. I prefer to sue as fast and as hard as I can. It was once said to me "never threaten, just punch the opposition as hard in the back of the head as you can".
- Never offer any additional information to a lawyer you are not paying for. It just creates more opportunities to get yourself in trouble. I like "yes", "no" and "maybe" as answers.
- Never assume that a lawyer has commonsense. Lawyers have great knowledge of the law and see plenty of deals going bad, but their experience is vicarious, not first hand.
- If the other guy is the instigator of the action, make sure meetings are at a location of your choosing. You want the other guy to be paying $300 an hour plus for his lawyer to travel about. Funny how this can add up.
- If you tell a law firm "sorry I didn't read you letter, but we don't have a commercial relationship so I assumed it was marketing cr*p from your firm" - it generally makes lawyers angry. Guess how I know this?
Strange isn't it. We don't actually teach in business school the skills that are used most of the time.
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