Embracing a Solution-Focused Legal Approach
I recently had a conversation with an attorney about the importance of working with a collaborative attorney on the other side of a deal. Now, “collaborative law” is actually a term used in family law, where attorneys agree to work toward a solution, and if it doesn’t work out, they all step down, and litigators are hired. This approach doesn’t really apply to deal structuring, nor should it.
What is a Collaborative Attorney?
When I talk about a collaborative attorney, I mean someone whose style involves approaching the other side and problems with a mindset geared towards finding a solution. This is my own style, and I believe it’s the best way to work.
The Collaborative Approach: Win-Win Deals
I greatly appreciate it when the attorney on the other side of a deal is willing to bring me along, or I bring them along, to address whatever issues arise and try to solve problems in a win-win manner. Occasionally, you encounter an attorney who works this way, and it’s beneficial for the client, the deal, and achieving the overall goal. It reminds you how much sense this approach makes.
What Happens with a Non-Collaborative Attorney?
On the flip side, dealing with an attorney who wants to fight over every minor detail can be frustrating and detrimental to the deal. It’s just not a pleasant experience, and it can be bad for the outcome.
How to Hire the Right Attorney for Your Deal
So, to turn this into a bit of advice, my suggestion to you as a franchisee is this: If you’re hiring an attorney for any reason—whether for a deal, a transaction, or a lease—ask about their style. There are situations, particularly in litigation, where you might need a more aggressive attorney. But when you’re trying to close a business deal, you want your legal team to facilitate the process, not hinder it. Legal should never be the reason a deal falls through.
Questions to Ask When Hiring an Attorney:
- What is your style of negotiating deals?
- Do you prefer to work collaboratively with the other side, or do you take a more aggressive stance?
- How do you handle minor disputes that arise during negotiations?
These questions can reveal a lot about their style. If this message helps even one person hire a collaborative attorney who helps them close their deal, then I’ve accomplished my goal with this blog post.
Want to work with a legal team that prioritizes collaboration and successful outcomes for your business?: Let’s Talk
