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The RED ZONE - Selecting Outside Firms
June 01, 2007
SELECTION in the Red Zone is the fourth and final criterion a law firm team needs to identify when pursuing a client. Just what concerns and experiences will be influencing final selection? The previous three are: HIDDEN DECISION MAKING RELATIONSHIPS AND RETENTION PERSONAL CONSIDERATIONS.Just because an in-house counsel recently moved from a competing law firm, do not assume he/she would retain them. Firms should compete in situations in which they might otherwise assume that the competition has an insurmountable advantage. Or if a potential competitor will be sitting in on your meeting, you should elevate the level of candor in your relationship with the buyer by simply asking the buyer how he or she would like you to handle confidential information – invite more substantive discussion. This shows you want to get down to business, talk strategy and not merely promote yourself and your firm. And by doing so you have raised the buyer's expectation that even this meeting will produce value irrespective of which firm is eventually hired. This value is also conducive to closing. It is the decisive moment. Firms attempting to sell their services are well advised to make the most of it.allan colman.
SELECTION in the Red Zone is the fourth and final criterion a law firm team needs to identify when pursuing a client. Just what concerns and experiences will be influencing final selection? The previous three are: HIDDEN DECISION MAKING RELATIONSHIPS AND RETENTION PERSONAL CONSIDERATIONS.Just because an in-house counsel recently moved from a competing law firm, do not assume he/she would retain them. Firms should compete in situations in which they might otherwise assume that the competition has an insurmountable advantage. Or if a potential competitor will be sitting in on your meeting, you should elevate the level of candor in your relationship with the buyer by simply asking the buyer how he or she would like you to handle confidential information – invite more substantive discussion. This shows you want to get down to business, talk strategy and not merely promote yourself and your firm. And by doing so you have raised the buyer's expectation that even this meeting will produce value irrespective of which firm is eventually hired. This value is also conducive to closing. It is the decisive moment. Firms attempting to sell their services are well advised to make the most of it.allan colman.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.