Managing the Client-Lawyer

Interface
Learning Outcome #7
Upon successful completion of this
subject the student will be able to:
Communicate effectively with lawyers.
lawyer, attorney, solicitor, barrister etc.
are terms (which while not being
equivalent) all represent descriptions of
practitioners of the legal profession.
The function of a business lawyer is to
supply advice and information so that the
client can make informed decisions.
Generally speaking this relates to
consequences of proposed actions and
probabilities of the occurrence of those
consequences
 When should you talk to your
Lawyer
• Before you get into trouble, with the aim of
avoiding trouble, and
• Immediately after you have gotten into
trouble, with the aim of getting out of
trouble having minimized the impact of
that trouble
 Things to consider in hiring a
lawyer
• references, consult others that have
worked with this lawyer or firm
• industry experience
• connections / correspondent relationships
• personality / comfort level
Outline what you want from your
lawyer
• What do you want your International
lawyer to do?
– Research local laws?
– Draft documents ?
– Due diligence ?
– Lead negotiations on a major deal ?
– Litigation / Arbitration / Mediation ?
 The Client / Lawyer Relationship
• Whether you work in a company and are dealing
with an in-house lawyer or whether you are
using a private law firm, you are the client and
the client instructs the lawyer.
• In order to give informed instructions you should
have a basic understanding of International legal
issues. Hopefully you will have received that by
taking this course.
 The Engagement Letter
• What will it cost ? (establish this up front)
• Is your lawyer an employee of your company and if so is there an
allocation of his/her time to your division or project ?
• If your lawyer is outside counsel what is the fee arrangement ?
• an hourly rate and if so what is it ?
• a “prix fixe” cost for the entire project ?
• a contingency deal whereby the lawyer or his/her firm takes a % of
something ?
• a combination of the above ?
• what about a retainer (equivalent to a deposit)
– After retaining your lawyer, send a detailed engagement letter which
should cover the fee structure you have agreed to, the budget,
expectations, duties of the parties, who else in the firm will be working
on the file (is this person a junior and if so how does his/her rate differ ?)
Any other foreseeable issues…..
– Who will you deal with on a day to day basis ?
 What to tell your lawyer
• everything !
 Legal Advice
• A lawyer should advise you on what to do,
when to do it, and the possible
consequences, in other words alternative
strategies can be proposed (some daring
in nature) but the consequences of each
need to be spelled out.
 You call the shots !
• Lawyers (in general) are not to make the
business decisions…..you are ! but you
need all the information relative to the
legality and consequences of any
decisions you may take.
 Language
Agree on the language issue up front. It
must be established how literate you are
in legal technical language (legalese).
And how literate is your lawyer in your
native tongue? Best to stick with plain
English wherever possible.
 Deadlines
Make sure your lawyer understands what
deadlines you may have and is willing to
work within those deadlines.
 Methods of Communication
Agree in advance how you are going to use
phone, FAX, mail, courier,and e-mail.