Shared Values Matter in Attorney-Client Relationships

Everyone knows that shared values matter greatly in interpersonal relationships – in fact, they may be one of the few absolute requirements for a successful and rewarding long term personal relationship.  Most would also agree they matter within an organization, where individual values ultimately dictate company culture.  I’d like to make the case for the importance of shared values in attorney-client relationships.

Both attorneys and clients come in many “shapes and sizes” when it comes to personalities, preferences, communication styles, etc.  I’m not suggesting that these qualities need to be the same or even similar.  In fact, one can argue that it’s healthy to the overall team to have varying skills, experiences and styles.  However, I don’t believe that’s true when it comes to values.  I believe shared values and value systems are essential to a long term successful relationship.

When speaking of values in the attorney-client context, I’m talking about those principles – business, ethical, etc. – that dictate both what we’re willing to do and not willing to do and how we’re willing to do it.  For example, I’m not willing to lie or mislead, abuse or mistreat, or place unfair demands or blame on the other side to a negotiation.  My value system inherently tells me that these are the wrong actions and behaviors to bring about a positive outcome for my clients.  I am, however, willing to push myself and my team to the limits to zealously and aggressively represent my client’s interests.  When clients share these values with me, we make a great team and can accomplish great things.  If we don’t, it will ultimately lead to frustration and disappointment.

If you haven’t taken the time to explore whether you and your attorney (or you and your client) share the same essential values, you should.  It can go a long way toward establishing the right relationship and building it so that you – as an attorney-client team – reach your maximum potential for the benefit of your business.

Changing Relationships Call for New Agreements

Have you ever had wills drafted or met with your financial advisor or insurance agent, and at the end of the meeting, he or she said, “Now we need to revisit this every couple of year to make sure things haven’t changed.”?  That same approach should be followed in your other legal and business relationships.

Relationships and circumstances can change for a variety of reasons.  The law changes.  One party is faced with financial or other business hardships.  One party transforms from a start-up business that is just happy to have a contract to an industry powerhouse.  An employee right out of school becomes a partner in the business.  Territorial capabilities or needs change.  Etc.  When these changes happen, it is critically important that the parties’ contract(s) be reviewed, and where appropriate, revised.  Otherwise, that ever-important “meeting of the minds” that we attorneys talk about may no longer exist – and that’s a recipe for trouble.

As I’ve said before, in negotiating and drafting agreements, we should attempt to anticipate the various ways that the parties’ relationship may change over time, and where possible, include provisions that allow the contract to evolve as well.  However, it’s rarely possible to anticipate all of the changes that may occur.  For that reason, I recommend a periodic revisit of your contracts.  The old saying, “If it’s not broken, don’t fix it,” is absolutely true; but your contracts may be broken now simply because they don’t fit your evolving business relationship.  Don’t let that be the case – remember the other saying, “An ounce of prevention is worth a pound of cure.”  Review your contracts and relationships periodically as part of your preventive maintenance.

How to Begin a Project With Your Lawyer

I was working on an international dealership project with a long time client this week, and something caused me to ask – why is there mention in this email string of a third party that isn’t part of our deal?  Oh, my client responded, you remember that we work with them and they get a piece of each deal “like this” – meaning not like their standard deal.  In fact, it’s been 4 years since we worked on the contract with the third party, and we haven’t worked on a deal “like this” since then (although we’ve worked on many that were not like this) – so, no, I didn’t remember.  Thank goodness I asked about the third party’s involvement, because it was not evident from any other information my client had provided so far, and without knowing this, I could have missed some key issues.

What does this scenario tell me?  It tells me that even in longstanding attorney-client relationships (and maybe especially in those relationships – since sometimes clients forget that the lawyer has many other clients and is not immersed in the client’s business 24/7), we need to always focus on the basics of the deal.  This starts with a detailed description from the client of all relevant facts, circumstances, concerns, interests, etc., and a specific identification of the ultimate business objective.  Next, the attorney should restate his or her understanding of the deal, and ask any specific questions and gather any specific information necessary to fully understand the project and properly advise the client.  This exchange between client and lawyer may be verbal or in writing, but the point is, when it’s complete, the attorney should be clear on what’s happening and what’s most important to the client.

The above process may seem obvious or even tedious, but I can assure you that it will better protect the client’s interests than the “ready, fire, aim” approach that is often the case.  An added benefit is that it will reduce legal fees and the time it takes to consummate your deal – it’s a real win-win.