How to deal with lawyers

Question from a reader:  I just got a $3,000 bill from my lawyer that I wasn't expecting.   What should I do?

Above all, remember this.  Good legal advice is a good investment.  Time and again I hear sad stories of good companies seriously damaged, or even destroyed, by the fine print.  We all wear seat belts when we drive.  Your attorney is one of the seat belts of your business.

Unfortunately, unlike seat belts, attorneys are not simple to operate; and they do not come come with owner's manuals.  The good news is, however, that they are like computers.  They will do what you tell them to do - quite literally.  Clear and precise instructions are crucial - in writing.  And the instructions have to be clear to them, not just to you. 

If you tell your attorney to protect you from any possible danger, you will get a document for the ages, and a bill to match.  Seat belts do not protect us from infectious diseases.  Likewise, complex contracts cannot remove all business risks.

Here's what I do.

First, I do my homework.  The business deal belongs to me, not to my lawyer.  It's my responsibility to get it right.  So, I rough out the agreement I think I want, usually just with bullet points.  Then I ask my lawyer to review the points, to let me know whether they are reasonable, and whether there are any specific issues I may have overlooked.  That doesn't take long and doesn't cost much.  Sometimes I even specify the number of hours I want her to devote to the review.

Once the review is complete, and I have a complete list of bullets, I ask how long it will take and how much it will cost to create an appropriate legal document incorporating all the bullets.  I do my best to avoid open-ended work assignments for my lawyer.

Any request I make to an attorney is a work order.  Attorneys sell time.  The hourly price depends on the experience level of the particular attorney.  I try to remember that I am buying hours of work, just as if I were hiring a teenager to do odd jobs around my house.  So I set boundaries, in writing.

If I have a surprise, like an unexpected bill, I remind her of the boundaries.  Her firm can make a client service mistake, and they can also correct it.  But, if it turns out that I was the one who inadvertently modified the boundaries, because I gave bad instructions, I pay the bill.

My lawyer wants my business.  I want reliable legal counsel.  We work together to create a relationship that is mutually comfortable and sustainable.

You and your attorney can do the same.