All lawyers love lawyer jokes. Even though 99.9% of us are honest, upstanding and seek to do the best for our clients at all times (seriously, I'm not kidding), we secretly love the fact that it was a lawyer (Bill Clinton) who debated the meaning of the word is.
That said, one of the downsides to a general mistrust of lawyers is that entrepreneurs don't properly leverage their lawyer as they do their CPA, banker or mentor. That's sad, because in my experience, a good lawyer can provide amazing value to a business.
Before I give you my tips on how to find and engage a good attorney, here are a few thoughts on what your lawyer should do and how he or she should act:
1. Your lawyer should be willing to give you some free, meaningful work. Lawyers who run the clock right away miss the point with entrepreneurs and start-ups. I know of firms that will end up charging the client for the first few meetings if the client ends up as a client. It was a free consultation before the client signed up and it should remain that way afterwards. Some lawyers don't see it that way, though.
2. Your lawyer should get back to you within 24 hours. This is a no-brainer. It's common courtesy, and it's a must when you're trying to run a business. This isn't to say that your task or work should get done that quickly, but simple communication should not require pulling teeth. If it does, then your lawyer's just not that into you.
3. Your lawyer should be willing to talk to you about your bill. If you're on a traditional, hourly fee arrangement and you have a question or issue with your bill, your lawyer should be absolutely willing to investigate and discuss it with you. In an organized law office, your lawyer will review your bill before it goes out and eliminate non-value added time (and do so happily). This also places the impetus on you or staff to review your bill, think about the work product that you received and the projects you have in process and critically analyze your bill.
4. Your lawyer should be willing to offer alternative fee arrangements. If you get sued or are about to embark upon a financing round, it's going to be tough (though not impossible) to find a lawyer to work on a fixed-fee arrangement. But, a plethora (to use a term from The Three Amigos) of legal tasks can and should be offered to you on a fixed-fee or other alternative fee basis.
5. Your lawyer should be a yes-man (or woman). No, not the type of person who nods approvingly when you talk about the next greatest loan shark business. Rather, someone who offers viable legal alternatives to get you to your goal, rather than just a no.
With this in mind, how do you find and engage an attorney?
1. The usual suspects. Your network will, of course, be the best way to get referred to a competent attorney. Of course, your referral will only be as good as your network, but assuming you have that first part in order, you should get some decent alternatives. I first suggest talking to attorneys who have been used by those in your network. Failing that, talk to your more formal service providers and mentors...CPAs, bankers, and investment advisors often have a rolodex full of attorneys.
2. Date. I believe greatly in the notion that your lawyer can only provide value if you trust and like him or her. That said, you should have lunch, grab a drink or coffee with a few lawyers to see who you like and learn a bit about him or her before a formal engagement. You'll at least get a free meal out of the deal.
3. Use the internet. The internet, a global system of interconnected computer networks, has several resources for finding attorneys. Try the referral service on the Chicago Bar Association's website (or other local bar associations), check out Martindale.com, LawPivot.com, FizzLaw.com or just Google your attorney search and locality. A tip for you in wading through attorney matches...they should have a decent website with some content, a few pictures and a semblance of administrative organization to prove that they are competent and take themselves, and you, seriously.
4. Test. After you've found an attorney, you might think twice about giving him or her a first project that could make or break your business. Do something as a get to know you with your new lawyer friend. Ask for a basic contract review (which should be done on a fixed-fee basis or maybe even just for free) or for advice on collecting a past-due receivable.
Don't kill your lawyer, use him or her wisely.
