Understanding the Lawyers on Retainer Concept

In this life, people cannot do without the services of a good lawyer. Crime happens everyday around us. Sometimes we find ourselves in rare situations that make us suffer unfairly. Other personal circumstances such as bankruptcy, real estates and mortgage force us to hire lawyers. In one word, good lawyers are very imperative. Dealing with lawyers is not a simple thing. Many issues concerning hiring lawyers are crucial and they come first. For example, you many find yourself hiring lawyers on retainer. These lawyers are not any different from those you know.

The lawyers only ask for a retainer fee so that they can give you their services. What is a retainer fee? This type of a fee is on hourly basis. It is different from the normal charges you pay a lawyer because of defending your position in court. They include the following:

• Consultation fees – Before you can start working with a given lawyer, you have to set a few appointments with him or her.

• Research work – After listening to your side of story, your lawyer spends some time doing research to help you. You will have to pay for his or her time.

• Interviews – as the lawyer studies your case, you and him or her will look for possible witnesses. Then, your lawyer has to conduct an interview with each witness. Most lawyers want to receive a pay for their time.

Lawyers on retainer want only to ascertain your seriousness in the entire procedure. That is why they will ask for a specific deposit first. When looking for this kind of a lawyer, examine your budget first. Most people desire to save up money in legal matters as much as possible. You should look for a cheaper hourly rate lawyer. Some people do not take it kindly. However, if you think about it, you put aside huge amounts of money as down payment for the assets you love.

If you plan to hire a lawyer about a case related to the same assets, you should not feel bad if ask to pay a retainer fee. A retainer fee is just a small deposit compared to other types you have paid before. The more you refuse to pay the fee, the more you delay your justice. Even so, take your time to select a good lawyer. There is a big chance that you will sort out good lawyers from bad lawyers if you take your time. When you find a good lawyer, make sure that all retainer agreements are in writing.

Then you and your lawyer should sign the document. This is a good way of building a relationship with the attorney. The document should demonstrate how the lawyer allocates the money through out the legal procedure. You should not work with any lawyers on retainer if they cannot follow the document stipulating your agreements. The best place to look for these lawyers is the Internet. Many lawyers who could proof their expertise exist.

How to Be a Great Corporate Lawyer

Average lawyers abound, good lawyers are common, but great corporate lawyers are hard to find. What is the mantra that makes a good lawyer GREAT? Great lawyers love what they do and it is this passion towards their work that separates them from mediocrity.

Step 1. Know your subject & law thoroughly. In-depth and sound understanding of the substantive law is a must. Know your subject, its nuances, interpretations and important case laws to have a command on the law that you are practicing. No amount of communication or writing skills can gloss over the lack of knowledge in law which comes from continuous reading & practice. Repetitive reading of law with an open mind brings different connotations and opens the door for creative interpretations. I have personally read same clause differently at different times which new perspective each time.

Step 2. Know the facts crisp & clear. Complete understanding of the facts of the transaction helps correct application of law as law applies differently to different facts. No two matters are similar so grasp the facts correctly to assess an issue. Misreading of a fact may change the entire structure and the end result sought to be achieved. My senior and mentor in law late Mr. J.K. Gupta had the ability to get to the crux of the matter by sheer power of crisp reading and clarity of thought. I continuously strive for that clarity.

Step 3. Understand the objective sought to be achieved. Empathize with the needs of your client, dynamics of the transaction and what is intended to be achieved. Alignment with the objectives of your client coupled with certain analytical & assessment skills helps in gaining long lasting confidence of the client. One possible way of gaining this insight is by having an earnest need to know your client’s business and by feeling the passion he/she feels for the issue.

Step 4. Know your environment. Make a conscious effort to read new developments in the practice area that you are specializing in; understand its dynamics, rules and regulations, latest amendments and changes in law and the transactions closed in the sector. This will help in gaining the confidence of the client and also structuring the transaction better. Client’s expectation from a good corporate lawyer is usually a mix of good legal understanding and sound commercial assessment/advice.

Step 5. Keep the Right Attitude. It is the attitude that separates mediocrity from greatness in any profession. Sincerely loving the work that you do makes all the difference to the advice given. Believing in the work one does and the clients one represents is important to ignite that all so important passion – so therefore do not accept briefs that you not go well with your own belief system. There are times when I refuse briefs/transactions that require me to render advice or undertake work that goes fundamentally against my value system. Reinforcement of one’s commitment towards work and aiming for the satisfaction of the client also helps.

Step 6. Focus on interpersonal relationship and be available when it matters the most. Learn to listen (and not only hear) to the viewpoint of not only your clients but also your opponents, support team, and other associates. Watch closely how they think and what makes them happy – stroke their achievements. Being intuitive and perspective is one of the toughest part of being a great lawyer and being available for most part of the day is the other. However, accessibility brings trust and dependability – so go for it.

Step 7. Have an eye for detail. Pay attention to details and be methodical in going through the check list required to close each transaction. Or else hire someone who can assist you with that work. Shortcuts can lead you and your client to some serious mistakes – ensure that the advice is not only complete but is also duly implemented. For instance, it is not only important to close an investment transaction in an M&A deal but is equally important that the follow up conditions required are duly fulfilled or implemented. One of the common slip that I occasionally note is that endless effort is spent in carefully negotiating the terms of the acquisition & shareholder’s agreement but post acquisition, the investor either fails or forgets to insist on amendment of the articles of association to record the terms & conditions of the shareholders agreement, making most of those rights unenforceable. So keep at it till the last condition is satisfied.

Step 8. Develop objectivity and a holistic approach. Learn to Step back and take a holistic view of the matter and then structure a transaction. Of course the ability to assess the strengths and weakness of a matter does not come overnight but by experience and habit of pondering over at every detail.

Step 9. Know your weaknesses. Get out of your ego trip and identify not only your strengths but also your weakness. Either work on your weakness or hire a support who complements you as a team. It is better to work on your weaknesses than to pretend that you are not. As a corporate lawyer, communication and writing skills are important so work on that area if this needs attention.

Step 10. Grow a team. There is only so much time in a day – therefore learn to identify talent and nurture them as a team. One never wins a battle alone – surround yourself with a capable support team who does all the good work under your capable supervision.

Step 11. Be honest with your clients. Last but not the least, being honest and transparent with your client never hurts either you or your clients. Watch out to understand the difference between creative structuring and adventurous advice bordering potential violation. Advise your client clearly on the merits and pitfalls of what is being proposed and then Step back to let your client take the decision. For instance, in PE investments in public limited companies, the funds usually negotiate for various combination of exit options which are generally unenforceable under India laws vis a vis a public limited company. But most PE funds nevertheless insist on these rights under an investment transaction.

In my experience as a corporate lawyer, the single largest motivating factor that keeps me going is my passion for work, satisfaction of my clients and the sheer joy it gives me. There are no classes that one can attend to become a great lawyer – what ultimately counts is the way we approach our profession and I still have miles to go…

I would be happy to receive your feed back or inputs or additional points that I may have missed in our journey of being a Great Lawyer.

The author is a founding partner of a Delhi based law firm LexCounsel and is a corporate and commercial lawyer.

Tips to Find a Good Bankruptcy Lawyer Who Will Provide the Necessary Legal Services

Bankruptcy is quite a serious matter and there is nothing worse for an individual or a corporation than having to file for bankruptcy. It can affect many people and ruin their careers and lives and render them completely helpless. The very word bankruptcy means a legal state of being unable to repay debts that one owes to the creditors. It is also sometimes referred to as insolvency. It can happen to both individual and organizations. Creditors will normally file a bankruptcy petition in an endeavor to recover a part of the money payable to them by the company or organization when bankruptcy happens to an organization. When it happens to an individual then they get buried in so much debt that they find it impossible to recover from it, and have no other option but to file for bankruptcy.

Therefore, whether it happens to an individual or an organization, it is absolutely necessary to seek the services of a bankruptcy lawyer who is well acquainted with bankruptcy law and will be able to shield you against the petition filed by the creditors. The bankruptcy lawyers are quite expensive and they will only render their services once you convince them that it is possible for you to bear their fees, and pay them on time. But since they are expensive and since your entire financial future depends on their expertise you should be careful as to whom you hire and follow some guidelines while looking for a good bankruptcy lawyer.

  1. The first step in hiring a bankruptcy lawyer is to look for an experienced lawyer who has the necessary expertise to handle any kind of bankruptcy. Remember that your future is in the hands of this individual who will represent you in the court of law. It is their knowledge and expertise which will determine how your case unfolds in the court and what is your chance of winning the case.
  2. It will be prudent to do some background research before you hire an expensive bankruptcy lawyer. Ask your colleagues, friends, neighbors, or any of your acquaintances who have gone through the same ordeal or knows someone who have required the services of a bankruptcy lawyer. Internet search can also throw back results about the lawyers in your location and their specialties. Yellow pages can also be a good source from where you can get hold of a lawyer. Any bankruptcy lawyer that is working in your area should be listed there and hence as per your requirements you can get the contact details of such a lawyer. Just look into the bankruptcy section and you will immediately give a list of all bankruptcy lawyers in your area.
  3. Once you have listed the lawyers in your area, it is time for some background checks on the list and then pick one from the list. Through the internet, it is easy to get information on the lawyers and their case histories, their success rate, and client feedbacks. You can also ask for a review on the lawyer you are interested in, by calling up the court and asking them for a review. You will also be able to check which bankruptcy lawyer has the majority number of winning cases. Also important is to find out which bankruptcy lawyer has the maximum experience of working in your area and the local court, because that will mean that the particular lawyer will have good rapport with the court officials. Hiring lawyer who has a winning streak but belongs to another state is a bad idea, because laws change from one state to another and a lawyer who is working in another state may not be successful in your state, as he won’t have enough information to fight your case.
  4. A consultation session is a must once you have shortlisted two or three lawyers. You can always cal up and request them to meet you for a consultation session. These sessions are usually free of the lawyers’ billing time. If a lawyer demands money for this session, it will be best to avoid that lawyer. This session will be the deal maker, and will certainly help you make that final decision regarding which lawyer is best suited to fight your case.

The current world is dominated by credit card users, and people fall into debts because it is difficult to keep a check on the spending for most people who enjoy the good life. But the result can be huge debts which have led to the increase in bankruptcy petitions which in turn has resulted in an increase in demand for bankruptcy lawyers. The above tips can be used as a guideline for finding the right lawyer as there are risks for a lay person without any knowledge of legal matters to bump into a money grabbing legal monster who is only interested in making a few extra bucks while offering poor legal services in return.

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