What should you do when a legal problem strikes? I recommend that you take aggressive action. This article contains 23
specific strategies you can use to attack your legal problem.
Legal problems can strike with little or no warning. In an instant, the world is turned upside down. Over the years, some of my
clients have compared their legal problems to a living nightmare that seemingly never ends. If you've ever been embroiled in a
difficult negotiation, acrimonious dispute or contentious litigation, you're familiar with the stress, dread and fatigue that can be
caused by a tough legal problem. So what action can you take when you learn that a legal problem is now breathing down your
neck?
Even before the shock wears off, I recommend that you make a critical decision - either take aggressive action or remain
trapped by fear and uncertainty. The purpose of this article is to provide you with aggressive, yet practical strategies to combat
your legal dilemmas. It's highly unlikely that you could use all of these strategies simultaneously. Instead, I recommend that you
consider each as you formulate a comprehensive approach to your legal problem and utilize the ones that make the most sense
for your unique situation.
1. Don't panic. The problem may not be as bad as you think. Even if the problem is bad, panic will only make it worse. If you go
into panic mode, you're far more likely to lose perspective of the situation, facts or issues. There's also the distinct possibility
that you'll make a reactionary mistake that further complicates the problem. How do you avoid the tendency to panic? Focus on
finding the solution.
2. Confront your fears. When a legal problem strikes, it's natural to want a resolution. Fast! A legal problem generates
tremendous fear of the unknown. What are your legal rights? Where do you stand? Were you the cause of the problem? What's
the potential impact on your business? How will it affect your personal life and your family? How long will it drag on? How much
will it cost? All of these questions are normal. No one likes to be in no-man's land. But unless you confront your fears by taking
aggressive action to solve your legal problem, that's where you'll stay.
3. Take control of the situation and resolve not to be a victim. We've all seen our fair share of injustice in the world. It is
around us, every day. An unfortunate reality of modern life is that bad things do happen to good people. Based on my
experience as an attorney, long ago I concluded that a victim mentality seldom helps a person overcome their legal problem.
Instead, a victim mentality usually prevents the individual from taking the action necessary to solve their problem. Take control
of your situation and resolve to do something about it. Right here. Right now.
4. Identify the problem. When a legal problem strikes, I highly recommend that you seek clarity - immediately identify the
problem. In the most basic sense, a legal problem can be boiled down to a very simple question. For example: "How do we
negotiate a contract with a new supplier?" "How can we persuade the City Commission to approve our request?" "What are the
legal ramifications of their breach of contract?" "What's the most appropriate response to this lawsuit" Without clarity, it is easy
to expend a great deal of energy (in other words "spend a lot of money") trying to solve the wrong problem.
5. Separate issues from non-issues. One of the first steps in solving a legal problem is to prioritize. Although there's one
overriding problem (i.e., a dispute or lawsuit), the problem consists of several (or many) issues. I constantly counsel clients to
focus on the issue or issues that are crucial to solving the problem. People who are unfamiliar with legal issues often attach
great importance to issues that have little relevance to their problem. Don't dwell on issues that are marginally relevant. If you
want to aggressively solve your problem, you must get to the "meat of the coconut."
6. Make decisions based on facts, not emotions. I've been an attorney for more than 21 years. Over the years, I've met with
many agitated, angry or desperate clients. One of the reasons that I'm able to help them solve their problem is that I'm not
emotionally involved. During a crisis situation (most people feel that a legal problem constitutes a crisis), someone must be the
voice of reason. By not allowing emotional issues to cloud my judgment, I address the legal problem in an objective manner,
identify the relevant facts and recommend a sound, disciplined plan of action for resolving the problem.
7. Get expert advice. I've been an attorney since 1986. I can't tell you how many times I've been forced to save the day for
people who sought my help only after they first relied on "legal advice" from their family, friends and neighbors. Unfortunately,
their advisors were not attorneys and the advice was usually less than perfect (although provided with good intentions). Like
most business attorneys, I prefer to advise clients before the problem becomes critical, not after the wheels have come off the
wagon. Frequently, I can provide advice that either avoids or minimizes the potential impact of a deteriorating situation. I can
also explain what the client should expect and recommend specific action if the situation takes a certain path. Finally, a
consultation before a problem becomes critical is almost always far less expensive than paying for legal services after things
get nasty. One more thing - retain an attorney who will be efficient about solving your problem. In my humble opinion, it is a
mistake to retain an attorney who's intent on "throwing gasoline on the fire" to make the dispute more acrimonious. This is
thinly veiled way to generate the maximum number of billable hours.
8. Supplement your plan as soon as new facts emerge. When faced with a legal problem, you can't afford to become
complacent - a new fact could be the key to solving your legal problem. Most legal dilemmas are dynamic situations that
constantly change and evolve. I recommend that you actively seek new facts and intelligence that may impact your situation. As
you gather new information, immediately factor it into your action plan.
9. Apply the appropriate standard. I can't emphasize this point too strongly. Unfortunately, even seasoned business
professionals have a tough time focusing on the importance of this point. One of the first steps in evaluating a legal problem is
to determine which legal standards apply. For example, before I can fully analyze the merits of a breach of contract dispute, it
is crucial to first read the written contract between the parties. Without reading and understanding the contract, you are simply
engaging in speculation as to what rights and obligations are contained within the contract. One of my favorite legal
observations is: "I can't evaluate a written document that I have not yet read." After reading the contract in dispute, focus on
the provision(s) that relate to the breach - which is the standard to be applied to determine the respective rights and
obligations of the parties involved in this situation. If you're requesting action from a municipality, there's an ordinance or code
section that governs the request. For example, a zoning change requires that you focus on the standards governing zoning
changes.
10. Recognize the risks. No matter what course of action you take, certain risks will apply. It's simply unrealistic to think
otherwise. In formulating a comprehensive strategy, it's critical to assess and weigh both your options and the risks associated
with each option. You should apply your business judgment in selecting the most appropriate option. Ultimately, you want to
take the aggressive action that has the greatest chance for a successful outcome.
11. Evaluate your adversary. Although this point should be obvious, the strategic value in assessing your adversary is often
overlooked. I highly recommend that you make a conscious effort to understand your adversary's mentality, motivations and
tendencies before you take any action. In most cases, personalities and egos are interjected into legal disputes and become an
important factor in finding a resolution of the problem. Everyone has blind spots - including your adversary. You may be able to
detect a pressure point or weakness that can be exploited. A good observer will also gain insight into their adversary's
strengths - underestimating your adversary can be devastating. By the way, I assure you that a veteran adversary will make it a
point to evaluate your strengths and weaknesses.
12. Know all the options. I am a strong proponent of knowing all your options at the earliest possible time. I don't think you can
make an informed decision otherwise. In addition, I think you should actively seek to develop creative options at every
opportunity. If you're truly creative, recognize in advance that you'll inevitably eliminate some potential options that are
unrealistic, impossible to implement or cost prohibitive. If you immediately lock yourself into one option, go back and forth
between options or never decisively choose an option, you'll be at the mercy of an experienced negotiator.
13. Consider a preemptive strike. We've all heard the cliché "the best defense is a good offense." When a legal problem strikes,
consider striking back to take away as many issues as possible from your adversary. Although a preemptive strike can be risky,
an early and decisive victory may prevent a longer, more costly conflict.
14. What can go wrong? Give some consideration to the possibility that your chosen course of action may slide off course or
cause unintended consequences. In other words, there's always a risk of collateral damage. When collateral damage occurs,
you'll be forced to answer for it. At that time, you simply can't afford to be unprepared.
15. Before taking action, understand the potential consequences. Earlier I cautioned about being reactionary. Before you take
aggressive action, I highly recommend that you consider the potential consequences of your action. After you've sent one force
in motion, it may be very difficult to slow or contain some of the unintended consequences that can further complicate your
legal problem.
16. Always consider the potential backlash. Overly aggressive action has a distinct downside - you may be subject to a backlash
that is far more problematic than the initial problem. Be wary about taking action that could increase your exposure or create
new liability. Is it possible to be too aggressive? Absolutely! Always bear in mind that many legal problems are best resolved
with behind- the-scenes diplomacy and quiet negotiation.
17. Quantify the time, effort and expenses of your chosen course of action. Before you implement your chosen course of action,
make an analysis of cost-related factors. I've spoken with many clients who were intent on taking the most aggressive action
possible until I explained the expense that these measures would entail. Legal problems can take on a life of their own and can
quickly escalate into an all-out war. When these wars occur, the attorneys are usually the only ones who win. Before you take
bold action to solve your legal problem with scorched earth tactics and hardball litigation, give some consideration to the time,
effort and expense factors that can spiral out of control.
18. Consider the merits of confrontation. The vast majority of legal problems are adversarial in nature. Depending upon your
situation, consider the merits of taking the fight to your adversary. If you initiate confrontation, be sure to select the most
appropriate time, place and circumstances to facilitate the desired outcome. Confrontation sends at least one strong message
that your adversary needs to understand - you're committed to resolving the problem and are not afraid to do something about
it. In addition, you create an opportunity to see how your adversary will react and this could later be a key to formulating your
winning plan of attack.
19. Whenever possible, act swiftly. When deals, relationships or situations are rapidly deteriorating, swift action may be
necessary to either turn the tide or stop the bleeding. Legal problems usually don't get better with the passage of time. Thus,
people who procrastinate often place themselves at a distinct disadvantage. One of your best moves could be to quickly cut
your losses. The longer you wait to make or implement a decision, the more of a beating you endure. This point has an
important caveat. If you intend to act quickly, always consider the potential ramifications of your action. When provoked,
immediate retaliation may make you feel better, but ill-advised action could leave you in a worse position and make it tougher
to solve the problem.
20. Take decisive action. When faced with a legal problem, timid people wring their hands and immediately turn to stone. This
is the most ineffective position you can possibly take. Taking no action is one option, but it is seldom effective. Taking decisive
action is far more likely to achieve victory or at least result in a resolution that you can live with. What kind of decisive action
should you take? I suggest that you choose a strategy, implement it in a timely manner and then do everything within your
power to make the strategy succeed.
21. Formulate a strategy that will still allow your adversary to "save face." Listen, I'm the first to admit that many of the rotten
adversaries you face in a legal dispute don't deserve any break whatsoever. Nonetheless, it's been my experience that
diplomacy will pay dividends in the future after the dispute has been settled. I always encourage clients to keep their eye on the
big picture - solve their problem. If you must extend an olive branch to solve your problem faster and at less expense, I
recommend that you at least consider it. As a negotiation strategy, it's always important to effectively manage your chips at the
bargaining table. Extending a face-saving offer is often a great chip to play.
22. Have an exit strategy. Although you'd like to prevail in every dispute, the reality is that you will not. Despite the most
monumental efforts, some situations can't be salvaged. There will be times when sound business judgment requires that you
cut your losses. In those cases, your overriding goal should be survival so you can fight again another day. Regardless of
whether your plan of action has placed you in a position to win or lose, an exit strategy should never be far from your thoughts.
23. Learn from your experiences. After your legal problem has been resolved, do an informal post mortem to take stock of the
factors that led to the problem and led to its resolution. There will always be decisions made during the "heat of the battle" that
can be second-guessed or you'd like to take back. Resolve to learn from these experiences and make better decisions in the
future.
Don't let a legal problem fester and get worse. Take aggressive action today!
http://attorney-solicitor.com
Fred Reilly's law practice includes advising clients on international business transactions, corporations, limited liability
companies, contractual issues, real estate transactions, civil litigation and administrative proceedings. As an English Solicitor,
Fred is in a unique position to help United Kingdom clients with their American legal problems.
Fred has been an attorney for more than 22 years. He is licensed to practice law in California, District of Columbia, Florida and
as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court
of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International
Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review)
and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida.
Labels: Legal Problem