Where Did Our Business Laws and Regulations Come From – How Have They Changed?

The Business Laws in our nation and our regulations have become so complex they seem to be choking the viability of not only our court system, but also adding layers of laws to companies to the point of suffocation.

The bureaucracy is not only in government, but it has reached all levels of business small, medium and large. Of course, some rules of the game are needed to help our economic machine with standardization.

But, with all the case law, written laws and lawsuits, the laws no longer serve the purpose of allowing business to know in advance what to expect or give them adequate measure to dictate policies within their companies.

One thing that I have noticed is that if you pick up an old business law book prior to 1940, well, there is no much in it. It’s pretty simple and down to earth. When reading through the chapters you’ll find that it all makes sense, it’s all traceable and you can find meaning.

Today things are much different. I would advise any MBA student or individual looking to get into business law to read old business law books and text books. In fact, let me recommend a very good one to you that I have in my own personal library:

“A Text Book of Law and Business” by William H. Spencer; McGraw-Hill Book Company Incorporated; New York, NY; 1938.

If you ever find yourself asking the questions; 1.) Where Did Our Business Laws and Regulations Come From or; 2.) How Have Our Business Laws Changed Over the Years? Then just reading through this work will shed some light on the subject. So, think on it.

The Importance of Business Law

If you fail to prepare, you prepare to fail.

A business is started not to fail but to succeed. There are a number of books that offers marketing strategies, guides and tutorial. There are even seminars and courses for those who want to engage in business. Still, thousands fail.

Preparing your company nowadays is an easy task. You can easily get marketing ideas on the internet. You can research and gather more information easily. You can attend short courses to improve your skills. You can better and cheaper suppliers on the World Wide Web. You can contact advertisers to promote your product or services.

But there is one thing you can’t read on books neither learn on business courses. And these are the legal services of business attorneys. A number of marketing and sales books can help you build new strategies but only business attorneys can give you legal advice with regards to your company. If you are building up a new business, you don’t want to mess up with the court. Even some of the greatest and the biggest businessmen that failed to seek counsel of business lawyer crashed.

Maybe you have the best talent for a particular company,you may have the capital, you may have the work force and you may have the knowledge – but business laws. Here in Texas, you have to be aware of certain business law. Texas Business law may cover fraud and deceptive practices, contract disputes, refusal of insurance claims, bankruptcy, right of creditor, partnership and corporate disputes. There also specific laws for real estate, oil and gas business and business sales and purchases. In addition, you should familiarize with draft and review of contracts and leases, employment contracts and even insurance policies.

These tasks are not for business persons but rather for business lawyers that have wide experience as well as educational background. You should seek for legal advice with business lawyers. Though you might not need permanent business attorneys, you can always hire one if you ever needed them. You don’t necessarily need an attorney who knows every single law, but rather a marketable business lawyer. This business lawyer must be familiarized with Texas business law, and should know what business you’re into. The business lawyer should not only assist you on the court but also give you legal advice whenever you need one.

Online Law Firm Marketing: Are Attorneys Complying With ABA Ethical Rules?

Law is a profession ripe with tradition. This profession is one of the few self-regulating professions and is governed by a myriad of professional rules, ethical opinions, and applicable common law. It is well-known that, historically, the law itself has slothfully adjusted to incorporate technological advances within its parameters. This is true regarding the ethical rules of professional conduct. Yet, as more and more legal professionals are now turning to the internet to market their practice through legal websites, blogs, and other social media outlets, there will become an increased need for further regulation regarding ethical advertising on the internet.

The American Bar Association (“ABA”) has draft model ethical rules for states to adopt and lawyers to follow. Today, these rules are called the Model Rules of Professional Conduct (the “Rules”) and were adopted by the ABA’s House of Delegates in 1983. These Rules were modified from the Model Code of Professional Responsibility. Additionally, the precursor to both was actually the 1908 Canons or Professional Ethics.

As noted, the Rules are not actually binding on an attorney until their state has either adopted them or some other related professional rules. Presently, all states except for California have adopted the ABA’s Rules at least in part. Most of the states have adopted the ABA’s Rules in full with slight modifications or additions to them. Other states, like New York, have adopted the ABA’s Rules but included somewhat substantial modifications.

The Rules and each state’s compilations do include provisions related to advertising and solicitation. Depending on the state, the distinction between each of these terms could be minimal or significant. Generally, “advertising” refers to any public or private communication made by or on behalf of a lawyer or law firm about the services available for the primary purpose of which is for retention of the lawyer or law firm’s services. In contrast, “solicitation” is a form of advertising, but more specifically is initiated by or for the lawyer or law firm and is directed to or targeted at a specific group of persons, family or friends, or legal representatives for the primary purpose of which is also for retention of the lawyer or law firm’s services.

Even though the Rules do address advertising and solicitation to the internet, they are unsurprisingly lacking. These gaps are somewhat filled by ethical opinions or case law. But this generally means that an attorney has already gone through the litigation process and, unfortunately, likely been subjected to discipline.

However, the Rules do provide a fairly strong foundation for an attorney or law firm read over. Even if your state’s professional rules do not adequately present internet marketing provisions, you may still consult the ABA’s Rules for guidance.

Within the Rules, the primary place to look is Rule 7. This rule pertains to “Information About Legal Services” and houses the majority of the applicable rules to internet marketing for attorneys. Duly note, that there still will be other provisions scattered throughout the Rules which apply to marketing. This is just the most applicable concentration of provisions an attorney should consult first before looking for those ancillary sections elsewhere.

Rule 7.1 is the first and more overarching provision an attorney should be concerned with. This section is entitled “Communications Concerning a Lawyer’s Services” and prohibits a lawyer from making “false or misleading communication about the lawyer or the lawyer’s services. A “false or misleading” communication is further defined in the rule and Comments as one that “contains a material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading.” Most pertinently, Comment 1 expressly states that Rule 7.1 does apply to a lawyer or law firm’s website, blog, or other advertising because it states that this provision “governs all communications about a lawyer’s services, including advertising permitted by Rule 7.2.”

Under Rule 7.2, which is entitled broadly as “Advertising,” allows attorneys to advertise “through written, recorded, or electronic communication.” Comment 3 confirms that “electronic media, such as the Internet, can be an important source of information about legal services.” Thus, this only solidifies the fact that 7.2 and, therefore 7.1, apply to internet legal marketing.

In addition, Comment 2 for Rule 7.2 provides further information regarding what can actually be included in these advertisements; for our purposes, websites and blogs. It permits the following: Information concerning a lawyer’s name or law firm, address, and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer’s fees are determined, including pricing for specific services and payment or credit arrangements; a lawyer’s foreign language ability; name of references; and a catch-all for all other information that might invite the attention of those seeking legal assistance.

However, there is a caveat! First, your state may actually have additional requirements. For instance, New York only permits foreign language ability if “fluent” and not just as for a general ability. Therefore, you might be complying with the persuasive ABA Rule, but in violation with the mandatory state rule (in this case, New York). Second, this Comment is also misleading. Sub(c) under Rule 7.2 actually requires that a communication–such as an advertisement which we now know includes an attorney or law firm’s website–to contain the name and office address of at least one lawyer of the firm or the actual firm itself.

Rule 7.3 is entitled “Direct Contact with Prospective Clients” and deals more so with solicitation–as opposed to advertising–to prospective clients. But, if the attorney or law firm has a mailing list or sends out a newsletter via e-mail, this rule can also be applicable to past clients are well! The rule prohibits in-person and live telephone calls to prospective clients, which includes “real-time electronic contact[s],” that involving advertising an attorney’s services in hopes or retention. Further, this rule requires that every e-mail sent must include “Advertising Material” at the beginning and end of the transmission. Moreover, this rule provides an exception for family, close friends, or past clients,

That is, unless another exception applies. Rule 7.3 still prohibits a lawyer from sending, for example an e-mail newsletter, to another person if that person has either 1) “made it known” they do not want to be solicited or if the communication 2) contains “coercion, duress or harassment.” Meaning, if a past client tells you they want to be unsubscribed from an e-mail mailing list, and you fail to do so, you will be in violation of this rule just as much as if you directly communicated with a prospective client!

Additionally, you may be able to extrapolate this rule to other aspects of social media. There is a seasonable argument that an attorney who directly sends a Facebook Friend message or “Friend Request” to the prospective client hoping for them to “Like” the attorney’s professional page might constitute a violation of this rule. Even if it does not generally violate this rule, if the prospective client rejects the first request and the attorney sends a second “Friend Request,” is the attorney now in violation of this rule? Arguably it would appear so!

Finally, the last rule that really applies directly to internet marketing such as attorney websites and blogs is Rule 7.5; “Firm Names and Letterheads.” Even though it does not appear that this rule applies, looking at the Comments clearly shows that it does. Specifically, Comment 1 directly remarks that firm names include website addresses. Further, it refers back to Rule 7.1 and reminds us that website addresses cannot be false or misleading. In effect, this means that an attorney or law firm cannot make their domain name “http://www.WinEveryTime.com” or something of that effect.

Yet, the Comments do permit trade names in a website address such as the example “Springfield Legal Clinic.” But duly note, the United States Supreme Court has ruled that state legislation may prohibit the use of trade names in professional practices if they deem fit. So this is another state-specific area for the attorney or law firm to review.

In conclusion, even though law has typically lagged behind in adopting such advancements like technology, there are still ample provisions in the ABA Rules to guide an attorney or law firm to comply with internet marketing. More and more legal professions will branch out on the internet, which will create a greater need for more ethical regulation. Yet for now, with the ABA Rules as a guidepost, a profession should understand their obligations in creating, managing, and promotion their legal practice on the internet through websites and blogs.

Driving Marketing Change At Law Firms – A Test of Leadership

Although it is never easy to challenge the status quo or achieve fundamental change within an organization – especially at a law firm. Yet change is a fundamental component to success. How does a firm steeped in culture and tradition address these questions? Very carefully. Especially if it is driven by a law firm marketing partner.

Driving change can bring about profound personal and professional rewards. It requires developing a strong vision of the firms identity. I call the process firm sculpting – creating your firms ideal image.

The goal of course is to find that new image and make it powerful – one that will greatly increase client satisfaction and propel the firm’s success. This of course takes true leadership – and that’s the rub.

True leaders have the capacity to articulate a vision and inspire others to pursue it with them. True leaders come from a place of honesty–with willingness to see what actually is and discover what could be through community effort. They bring with them a confidence that gives others the courage to strive for even the loftiest goals.

Your firm’s potential for change lies in the hands of such a true leader. Without a strong individual with the skill to push for change by enlisting rather than alienating others, your firm may make important improvements, but it is unlikely to reach its full potential.

The all-important first step in initiating change is to find such a leader within your ranks. Once you are committed to seeing things change, look around and ask yourself who will lead. (The answer may be as close as your own reflection in a mirror.)

Once the leader is chosen, whether he’s the partner with the most power and seniority in the firm or a more junior partner who is eager and willing to support the process, his or her first step is to identify and enlist the other key players in your firm.

Forming Your Inner Team (the Key Partners)

The next step is to identify the principal members of the team–the inner circle. Most of the time, the inner circle will be composed of key partners and, in some firms, top-level administrators. Without them on board, the probability of creating profound change at the root level is seriously diminished. Bring them on board as soon as possible.
But before the firm does this, it must address a very serious issue. It must know whether the core power base–the inner circle–includes what is referred to as a “Toxic Partner.” Like a drop of poison in a carafe, a single “Toxic” can be fatal to even the most brilliant and ambitious of plans.

Finding Your Firm’s Vision – The Heart of Legal Marketing

Once the leader and the inner circle have been identified and any Toxics have been dealt with, the next step is for your leader to set up a series of meetings to determine what the firm’s values and challenges are and then begin to articulate a vision for the firm’s future. Ideally, a facilitator will be brought in at this point to help keep things on track.
Uncovering your firm’s values is no easier than confronting its challenges. Your firm’s values must inspire the partners if there is any hope of inspiring the firm itself and its clients. When the members of the inner circle envision the firm, they should identify which values move and inspire them. These inspired values must appeal to them at a visceral level, not just sound good. Left to their own devices, many partners (and professional marketers) come up with meaningless phrases like “We live to serve.” Your firm’s inspired values must be held to a higher standard than this.
The values must be concrete and measurable; the first measure is whether they elicit a positive emotional reaction that motivates action. You’ll know when the values defined by the inner circle are powerful enough–endorphins will kick in, enthusiasm will rise and it will inspire people to take action.

Drafting Your Firm’s Master Charter (and Creating Derivative Charters)

The inspiration and commitment achieved during the first seminal meetings will soon be evidenced in the creation of your firm’s master charter. As will be discussed in much more detail in later chapters, it is the inspired values and principles found in the master charter that will guide what we call -derivative charters–charters that belong to your key departments, practice groups and committees.

The master charter must be anchored in the leadership’s inspired values. It is the first evidence of what has been a dynamic, proactive process. The master charter must be real, not contrived. It must be rooted in the leadership’s intentions for the firm and the principles on which the firm will be governed from now on.

The master charter will become the focal point of the firm’s identity. It is the document that articulates the inspired values and priorities of the firm. It will not be drafted in a day–creating it takes introspection, analysis, debate and thoughtful examination. But when it is finished, it is the equivalent of a constitution for your firm. If it is done with excellence, it will both guide and inspire every member of your firm to actions that are congruent with the firm’s identity.

Once a powerful firm culture is in place, the master charter’s norms and values will keep the firm on the path to following its inspired values and will discourage individual or group conduct that is inconsistent with those values.

Once the master charter is completed, many law firms falter. The leadership becomes excited about the new charter and circulates it among the other members of the firm. A few memos go out touting the power of vision and describing the bright future that lies ahead. A few of the more ambitious partners try to rally the troops around the cause, but soon the inspiration begins to pale and the charter fades into the background, with no more appeal than the firm’s letterhead and logo.

Resculpting is for naught unless the people below the leadership level believe that the vision is relevant to their lives. I can’t emphasize this enough: The relevance cannot be illusory; it must be as real to them as their weekly paycheck. So your next step must be to give them both the responsibility and the authority to put changes into action.
In order to do this, I recommend that the firm’s charter be a jumping-off point from which each major department creates its own charter and plan of action within the vision that the leadership has delineated. These derivative charters and the strategic action plans will give the members of the firm a personal stake in their future.

The facilitator, with the support of top leadership, must ensure that each of the firm’s major departments, practice groups and committees is given time and support in crafting these all-important documents. Otherwise the subordinates will perpetually feel that this is the leadership’s vision, not theirs. Giving them the opportunity to participate is the only way to make the vision relevant, and it will also make them accountable for the results.

The challenge lies in getting the inspiration and enthusiasm evoked by the creation of the new vision to truly motivate everyone–all the way down to the people on the lowest rungs of the firm’s ladder. The solution is to empower everyone. Skipping this step will undermine all of the firm’s efforts.

In the end, every member of the firm should be enrolled in the change process. Every member of the firm who comes into contact with clients, vendors, other firms’ attorneys, or anyone else should reflect the firm’s inspired values and identity. Every form of marketing, advertising and promotion should be inseparably integrated with the people who make up the firm.

Bringing the Rest on Board (and Creating Strategic Action Plans)

This last step in reinventing the firm happens once the master charter and derivative chapters are written. To allow everyone in the firm to take part–to take ownership–in the changes the firm is making, the leaders of each of the firm’s major departments, committees and practice groups, in conjunction with each of their respective team members, will construct detailed action plans that identify specific goals, specify time lines and names of people accountable for bringing the goals to fruition. These strategic action plans should be developed for each of the major departments in the firm.
Strategic action plans are developed only after the firm’s charter and the derivative charters have been carved out by the leadership. These charters are the basis for the strategic action plans, which are tangible instructions for making decisions and taking action.

Strategic action plans can be thought of as logical extensions of the firm’s values and beliefs. They are, by nature, imbued with the firm’s culture. They can take on enormous momentum, capable of pushing the firm forward to new heights and performance levels.

Strategic action plans bridge the gap between the firm’s words and its deeds. They provide specific task-driven objectives against which the firm’s leadership, including the managers, can test assumptions and gauge the firm’s departmental performance.

The single most important characteristic of strategic action plans is that they are task-specific–they describe purposes, time lines and responsibilities for the tasks the firm performs. These plans, as well as the specific goals they are intended to achieve, must in the end be measured against both the derivative and master charters.

Although it is never easy to challenge the status quo or achieve fundamental change within an organization, the personal and professional rewards are boundless. Moving away from a firm’s preconceived notions frees it from existing limitations. The vision that emerges from the process of sculpting your firm allows your firm to create a new identity that will greatly increase client satisfaction and propel the firm’s success.

Seven Steps for Picking the Best Birth Injury Law Firm

Choosing a law firm is never easy. A commercial on television, billboard on the side of the road, or advertisement on your favorite web page tells you very little about the quality of the firm you select. Recommendations from friends are good, but only if you happen to have a friend who previously had a lawsuit in the same area as you. Referrals from other attorneys who may know the leading experts in the area you need can be helpful. Still, the process of choosing a law firm can be largely mysterious.

Let me help clear it up. If you suspect your child was injured by medical negligence and are looking for the right firm, here are some steps you can follow to choose the best lawyers for the job:

1) Make sure the firm specializes in birth injury cases. Wouldn’t you rather hire someone who is familiar and comfortable with the area? Law firms with lots of experience in birth injury will be far better equipped to deal with your case than those who are new to the field. If you are getting a recommendation, ask to be referred to a firm whose specialty is birth injury.

2) Look at the firm’s credentials and rankings. There are a number of websites and publications that rank attorneys and law firms. These can provide useful information about a firm’s value, success, and reputation. Check out Martindale.com, Best Lawyers, Super Lawyers, and the US News rankings of best law firms.

3) Choose a law firm with medical professionals on staff. Success in birth injury cases depends on nuanced knowledge of both the legal and medical system. If your law firm has doctors, nurses, and other medical professionals working for them, they are better prepared to handle the subject matter and win your case.

4) Make sure the law firm knows how to say “no” to too-low settlement offers. Defense attorneys may offer attractive settlements that may be, in reality, far lower than the actual cost of lifetime care of a severely disabled child. You need an attorney you can trust to turn down offers when appropriate.

5) Pick a firm that has sufficient financial resources. Law suits can take years from start to finish – and when the payout only comes at the end, some firms will not be able to make the necessary investment. By looking at the size of a firm’s staff, the number of years they’ve been practicing, and evidence of successes, you can get some idea of their financial depth. This is needed if you want them to keep experienced attorneys and staff working on your case, potentially for a long time.

6) Do not choose a firm who demands payment up front. Injury attorneys are typically paid a portion of the payout if they win or settle your case. A good firm won’t rush you to sign an agreement if you are still uncertain. Make sure they are easy to reach and keep you updated on the progress of your case.

7) Don’t assume your firm has to be confined to your geographic area. Some larger law firms are licensed to practice in many states.