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Thursday
Jul082010

Focus on the What . . . Let Us Handle the How


Time and time again, clients tell us how they want us to solve a problem. They say they need a limited liability company. They think they need an independent contractor agreement. They ask for any number of agreements documenting specific relationships.

The best lawyers offer judgment, not just words printed on paper. Focusing on what is important. Let your lawyer advise you on how to accomplish your objectives without incurring unexpected liabilities. By jumping to the how without focusing on the what, important points that can prevent you from realizing the benefit of your agreement or subject you to significant liability can be overlooked.

What do I mean and how can you overcome this problem? Let’s start with the what.

What Questions

Important what questions are listed below. In any given situation, there may be others.

  • What parties are involved?
  • What is each party contributing?
  • What are each party’s responsibilities?
  • What are each party’s obligations?
  • What can go wrong (risks)?
  • What else could go wrong (more risks)?
  • What could go wrong that you think would never happen (even more risks)?
  • What happens to the money (expenses)?
  • What happens to the rest of the money (profits)?
  • What happens if something goes wrong (see risks above)?
  • What happens in the event of failure?
  • What happens if another party wants out?
  • What happens if you want out?
  • What happens upon sale?

There may be other what questions. When answering a what question, you can be as creative as the situation suggests or your mind envisions.

Once you know your whats, we can help you with the how. We will start by reviewing your whats, asking questions and analyzing whether other whats should be considered.

How Techniques

We have a large arsenal of techniques for documenting agreements that clearly address your objectives and guard against unanticipated risks.

There is a wide variety of agreements we have employed to achieve client objectives. A partial list is set out below.

  • Supply contracts
  • Distribution agreements
  • Stock purchase agreements
  • Asset purchase agreements
  • Letters of intent
  • Security agreements
  • Exclusive dealings contracts
  • Manufacturing agreements
  • Marketing agreements
  • Joint venture agreements
  • C corporations
  • S corporations
  • Limited liability companies
  • Buy-sell agreements
  • Option agreements
  • Share voting agreements
  • Management contracts
  • Employment Agreements

We can be innovative as we advise you on how to accomplish each of your whats.

If you focus on what is important to you, a good attorney will know how to achieve your objectives.

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