ABA Section of Business Law

Some lessons learned

• It is important that your contract captures the spirit of a business relationship and takes into account the big picture instead of concentrating on legalese.

• Lawyers have a responsibility to solve problems rather than simply to identify them.

• Solutions to problems can pop up anywhere and at any time. Keep your eyes and ears open.

• To resolve disputes successfully, look beyond the client's stated positions to determine other areas of interest that can be used to reach a settlement.

• Sometimes it is better to work in a slower paced environment and to revolve your work around your schedule and your family life rather than the other way around.

• Remember what your client's goals really are when making a deal and that your job is to make them happen.

• Do not try to anticipate every possible scenario when drafting a contract; you will not be able to.

• Maintain consistency with the other lawyers on the same side as you so no one's authority is undermined.

• In order to avoid disputes, be sure to concretely and explicitly define things that might later be questioned.

• Be sensitive to the different cultural backgrounds of your clients and what that may mean for them in a legal situation.

• Make sure someone takes charge of every situation and case.

• If something seems suspicious to you, protect yourself, your firm and your client.

• Do not be afraid to question the underlying precepts of an existing and accepted law.

— Garrett Ordower