4 ms·
as technical folks, i don't think we fully understand the different types of lawyers there are. you know that eye twitch you develop, when someone asks if you
by jankymess 13y ago
as technical folks, i don't think we fully understand the different types of lawyers there are.
you know that eye twitch you develop, when someone asks if you can fix their computer because you "work with computers"? it's similar for lawyers.
in my first two businesses, i didn't do enough [serious] transactions to need lawyers.
in my third business, i reviewed and wrote our initial contracts, which were eventually reviewed by other lawyers, but that took a ginormous amount of my time and sanity.
(for fellow people who suffer from impostor syndrome -- can you imagine walking into every meeting with a client and thinking "is this day i'm revealed as an incompetent contract writer?")
for the next set of contracts, i decided i needed a lawyer and got a recommendation from a friend of a friend. this lawyer turned out to specialize in immigration, not business; but assured me that they could get it done.
inevitably, in my first deal involving them, i landed in the back-and-forth lawyering described in pud's article (and so many comments here). i really needed the revenue in the company bank account sooner rather than later, so after 4 weeks, i gave in, and signed the contract, but 3 months later got burned.
this cost me time, money (both from the customer, AND the law firm), and many nights of sleep.
then i had the fortune of becoming friends with a lawyer that specializes in contract litigation. i begged him to draft my contracts, and he refused. he then explained his specialization was in tearing contracts apart, finding points of leverage for his client, and to a lesser extent, being involved in settlement negotiation (but not leading it).
to you and i, this sounds like the perfect person to draft a contract. to him, it's an unneeded source of liability that can increase his malpractice insurance rates. he did however, take a look at my originally-blessed contract and tell me to make a few changes, especially rip out the arbitration clauses in my contracts, because arbitration is hella expensive (it really is).
so today, i have a business contracts lawyer, an employment lawyer, and when needed, a lawyer experienced in business contract litigation.
and for those of you wondering about the cost, it's not that expensive.
i do a quick review of contracts i receive and clearly explain any industry-specific terms and practices to my lawyers, and have them do the final signoff.
i don't do retainers, in fact, my business and employment lawyers refused a retainer agreement. due to the new custodial laws on how lawyers must account for client money (after a few high-profile cases of attorney-client theft), they don't feel it's worth it for the limited amount of business i do. pay as you go.
- teddyh 13y agoJust like pentesters are good and competent at breaking security but might not necessarily be good designers of secure software or systems.