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Preparing for Things That Go Bump in the Night
In life, there are no guarantees. In my role as a business development consultant, I'm often asked about the likelihood of success for various attorney sales approaches. Rather than offering a definitive answer, I often draw on Jay Abraham's responses to hypotheticals:
- Will everything work out as well as we expect it to? Hardly.
- Will some of the things we hope for not happen or turn out worse than we expect them to? Undoubtedly.
- Will there be some things that turn out better than expected? Probably.
- Are there more opportunities that will be uncovered as things progress? Again, probably.
The final question that is often posed offers a bit more flexibility: Will you do everything in your power to make the result of this business development opportunity an outstanding success? If your answer is yes, the response is “Absolutely.”
Law firm marketing is no different than any other service or task. Put the effort in. Plan for the worst and hope for the best. And then work, work, work until you see the results.
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.
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.
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.