What to do when it hits the fan
AGENDA
1.When should you get a lawyer?
2.How should you get a lawyer?
3.What should you expect in litigation?
4.How can you reduce your legal fees?
5.How can you reduce your liability?
What to do when it hits the fan
“Lawyers are like nuclear warheads. They have
theirs, so I have mine. Once you use them, they
@#$% up everything.”
Lawrence Garfield – Other People’s Money
What to do when it hits the fan
When should you get a
lawyer
When should you get a lawyer?
YOU
When should you get a lawyer?
ME
When should you get a lawyer?
–
–
–
–
–
–
When the other side has one
When you’re sued
When you’re threatening a lawsuit
When you’re worried about getting sued
When you want to prevent getting sued
Sued or investigated or fined
What to do when it hits the fan
How should you get a
lawyer?
How should you find a lawyer?
–Finding one
–Negotiating with one
–Investigating one
How should you find a lawyer?
Finding one - Realities of the Legal Marketplace
– Big firms bill more per hour than small firms.
– Specialized lawyers bill more than general
practitioners.
– Downtown firms are more expensive than
suburban firms.
– Litigation is unpredictable and expensive.
– There are tons of lawyers out there.
– You have more power than you think you do.
How should you get a lawyer?
Finding one
–
–
–
–
–
Get references
Ask around
Shop around
Use an RFP
Don’t rely exclusively on online ratings
and websites
– Call the bar association
– Do not Google
How should you get a lawyer?
Negotiating with one
Fees - caps, flat fees, contingencies;
get budgets; holdbacks; always
counteroffer
How should you get a lawyer?
Negotiating With One
The engagement letter
How should you get a lawyer?
Negotiating With One
Outside counsel guidelines
How should you get a lawyer?
Negotiating With One
A note about leverage
How should you get a lawyer?
Investigating one
-
Ohio Supreme Court
Do Google
References
Don’t trust law firm websites
Random picture of Maya when she first
learned to roll over 2 years ago.
What to do when it hits the fan
What should you expect
in litigation?
What should you expect in
litigation?
Buckle up
What should you expect in
litigation?
How much should you
expect to pay?
What to do when it hits the fan
How can you reduce
your legal fees?
How can you reduce your legal
fees?
• Before litigation
• At engagement
• During litigation
How can you reduce your legal
fees?
Before litigation
Be organized
Do some of the work
yourself
How can you reduce your legal
fees?
Before litigation
Filing an insurance
claim
How can you reduce your legal
fees?
Before litigation
Become a hard target – use
good contracts (atty fees;
mediation and arbitration);
get a compliance audit
How can you reduce your legal
fees?
During litigation
Review bills closely; ensure
they match the guidelines
and budgets; track
performance
Another random picture of Maya
wearing my Army hat.
What to do when it hits the fan
How can you reduce
your liability?
How can you reduce your liability
Negotiation (study it,
learn it, practice it)
How can you reduce your liability
Be proactive
(contracts, dispute
resolution clauses,
audits)
How can you reduce your liability?
The Litigation Hold
How can you reduce your liability?
Be transparent with your
attorney; maintain
confidentiality
What to do when it hits the fan.
Recap
1.When should you get a lawyer?
2.How should you get a lawyer?
3.What should you expect in litigation?
4.How can you reduce your legal fees?
5.How can you reduce your liability?
My wife and daughter on the
Simpsons couch
What to do when it hits the fan.
Any questions?