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Nextlaw Global Referral Network was created by Dentons, the largest law firm in the world. The network, which is free to join, employs a detailed screening system to guarantee the quality of its member firms and has developed proprietary technology to allow members to identify lawyers at other member firms with the appropriate experience where clients need legal counsel. I am proud that my firm has been accepted. The Nextlaw Global Referral Network will enable my firm to connect our clients to high quality lawyers around the world. Nextlaw Global Referral Network is the largest legal referral network in the world, with 283 member firms, 18,600 lawyers covering 160 countries.

The Law Office of Adam P. Whitney specializes in business and employment law and also handles disputes among shareholders, partners and LLC members. We represent private businesses, majority and minority owners of businesses, professional and executives, and others.

About Nextlaw Global Referral Network

Nextlaw Global Referral Network is the client focused legal referral network created by Dentons, the world’s largest law firm. Nextlaw Global Referral Network is the largest legal network in the world. It’s free to join, open to all high-quality law firms regardless of size and does not grant geographic exclusivity to its members. This enables the network to connect clients of member firms to the best lawyers with the appropriate experience in the locations where clients need legal counsel. The network utilizes a proprietary technology platform to help member firms research, contact and rate the performance of network members in order to guarantee that clients receive the highest quality legal advice and business solutions. http://www.nextlawnetwork.com

About Dentons

Dentons is the world’s first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world’s largest law firm, Dentons’ global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com.

I am re-posting this entry from two years ago, because it is the time of year when employers hold holiday parties or open houses. It’s easy to get caught up in the spirit(s) of the season and to overdo it on the alcohol. Are you putting your firm at risk if an employee or guest drinks too much and causes an auto accident and injures himself or a third person? It depends (that catch-all lawyer answer).

There are a variety of options for employee parties, from providing the liquor yourself at the company premises, having a professional caterer on the premises, renting a function hall, or going to a bar or restaurant. Some of these are safer options than others.

The safest option is a bar or restaurant where the employees and guests are buying their own drinks (the employer could hand out bonus cash that day). Even if the company is picking up the tab, the risk is still low. The crucial issue is control of the liquor. If the restaurant wait staff is in control of serving, your risk of liability for an accident is low. Employers do not have a general duty to act as big brother or sister to employees, especially after work hours. That doesn’t mean that a manager should be forcing shots on employees, as even this safe option has logical limits.

Also generally safe would be to hire a professional caterer either at a function hall or your place of business. But there are a few more guidelines to follow. First, make sure that the caterer is reputable and that the staff has experience serving alcohol. Make sure that the caterer obtains the permits. Make sure that the caterer is properly insured, and get an indemnity agreement from the caterer. Also, find out the plan of service. For example, you would not want employees and guests to have free access to liquor; they must order drinks from trained staff which has the authority to refuse drinks to someone underage or visibly intoxicated. You also should not ignore if drinking is getting excessive, such as drinking games organized by an employee. Check with your own insurance agent to see what coverage you have if you do get sued (speaking with your insurance professional is always a good idea).

The biggest risk is when the employer provides the alcohol and serves the alcohol. This fully opens the door to liability if you over serve someone who causes an accident. Although this may be a money-saving option, I would advise against it. It’s very easy for employees to get carried away at these events, and you don’t want to be in a position of either being the wet blanket or worry about liability.

Of course, you should remind employees ahead of time to be responsible and to designate a driver. Better yet, if the company could possibly provide drivers or promise to reimburse cab fare, that’s all the better all the better. In addition to preventing liability, you should of course care about the well-being of employees and innocent third parties. You don’t want to be sued, and you don’t want your company name in the paper because your employee killed someone after a wild party. Also think about the devastating effect on morale if something happened.

A topic for another day is the risk of sexual harassment at firm parties (or even “date rape”, as was alleged in one case). I hope I have not taken all of the fun out of the holiday season. As always, the above is general information, not legal advice.

By Adam P. Whitney 617.338.7000

Fair warning, this is a self-indulgent off topic post. The end of the year is approaching, and I’m reflecting on my first nine months of starting my own law firm, which focuses on employment law and business litigation for private businesses.  Here’s what I have learned from nine months in business:

1. You can’t do it without good clients. Make them happy and they’ll make you happy. I intentionally made this the first item.  I want to take this opportunity to thank my clients, most of whom read this blog. I literally could not have done it without you.

2. You need trustworthy help. I’m talking about employees, colleagues, accountants, vendors, contractors, bankers, insurance agents, etc. Find good people to help you and return the favor by treating them fairly/paying them on time/referring them business/etc.

3. Word of mouth is still the best marketing, at least for lawyers. I’ve done almost no marketing other than networking with colleagues (and, I suppose, writing this blog). 98% of my business comes from repeat business and referrals and other word of mouth.  I’ve been steadily busy since starting, and I hired two employees and expanded my office space and equipment.

4. You must embrace the latest technology. Although there can be some time getting up to speed on new programs and ways of doing things, it’ll be well worth it in the long run. You may feel comfortable doing things the “old way,” but you will increasingly be at a disadvantage. Worse yet, people will laugh at you and make jokes about typewriters (we do this behind your back).

5. Running a business is hard work. Of course I knew that before, because most of my clients are businesses.  But you don’t really appreciate all the important things that business owners must routinely do that take you away from your core functions – get insurance, do payroll, pay taxes, accounting, pay bills, pay fees and dues, manage employees, deal with vendors – there are dozens of things. Unfortunately, this blog has suffered at times due to all of these demands.

6. Being a business owner is meaningful and rewarding. Private businesses keep the economy rolling and provide crucial services to the public. They don’t get bailouts or have teams of lobbyists in Congress. They operate both out of necessity to earn a living for the owners – capitalism at its purest – and because they love what they do. I’m proud to play a very small part in all that as a business owner, and by serving private businesses. It is also very rewarding to be “my own boss” and to do things the way I think that they should be done. I like to joke that “my boss is the best,” but I do hope that he gives me a few days off over the holidays.

By Adam P. Whitney, Law Office of Adam P. Whitney, 617.338.7000

This may seem obvious, but why do companies still do it? I’ll start with a few vents of my own of things that annoy me.

Jingles. I despise corny company jingles that are played repeatedly on the radio, tv and even Pandora. Although not technically a business, the worst offender is 1-877-kars-4kids. It may be a great cause, but why would I donate to you when your jingle grates me every ten minutes or so on the radio? Can’t you just talk to me without singing to me? It’s not just me, the jingle has been called the “most annoying sound in the world: http://www.youtube.com/watch?v=nEL8dGQj3I4. Google “I hate kars 4 kids” and you’ll see that many people are driven to drinking by the jingle.

Loyalty Cards. I Googled “I hate rewards cards” and had over 6 million hits, so I’m not alone. I credit Shaws for dropping these awful things. I will now shop there again. I won’t shop at CVS. Recently, Walgreens has gotten into the act, which is too bad because I like the new ‘greens in Downtown Boston. Doesn’t everyone hate to carry these cards (not to mention the invasion of privacy)? We are moving to simpler transactions, such as Level Up. Why do these stores compel us to dig through our wallets. And if you don’t carry them, you are being overcharged.

Maybe big businesses like CVS and Walgreens can get away with annoying their customers. Your private business probably cannot. As for service professionals, like lawyers, don’t nickel and dime your clients. Lawyers, for example, charge plenty per hour. Consider routine copies, faxes, phone calls and postage part of your overhead and not a profit center. And don’t talk down to your clients.

Do the opposite of annoying clients. Virtually all businesses would do well to be friendly and warm. This struck me this morning when I had my shoes shined at Colonial Shoe Repair near my office. The owner, Gret, introduced himself, asked my name and shook my hand. The shoe shine was great and at a fair price, but it was the personal attention that really sets Greg apart. I looked up the company, and not surprising Greg has a number of raving fans: http://www.yelp.com/biz/colonial-shoe-repair-boston

Is your business unwittingly biting the hands that feed it? Take a step back and try to put yourself in your client’s position. Ask your clients for feedback. Do random surveys. Ask what you are doing right or doing wrong. If you are just standing still and not listening and improving your product or services, your competitors will be passing you by.

By Adam P. Whitney

The customer is always right. This sentence has become a motto for businesses small and large all over the world. However, it seems that not all companies believe in this simple statement any more. In fact, the large companies seem to be falling into the ego trap. They are too big to fail. They have enough customers, and therefore can afford to be unpleasant to the small minority who dare query an issue or problem with the service they receive. It is commonplace now for people to complain about time spent on the phone waiting for an answer from a generic, anonymous call center, only to be fobbed off and sent on their way. That is not customer service. That is customer disservice. The examples are many and varied, but we all have memories of poor treatment received from large companies.

Remember Your Internal Customers

It isn’t all about the commercial customer, however. When you run a business, your customers are represented by many different people. Don’t forget your internal customers. These are your employees, your colleagues, the people who work on casual contracts to complete smaller jobs less frequently. The internal customer is just as important as the one who pays for your service or products. Think about it. Without people to do the work for you, things would not get done. You would flounder around, struggling to do several hundred jobs at once, and you would fail miserably in your business venture. You need people that will work for you, with professionalism and willingness to help out when they are needed. It takes more than just financial incentive to keep these people happy. But it also doesn’t take much more effort to show some appreciation. You could try offering corporate gifts to your customers, and you can find a wonderful selection at websites including http://www.solo.co.uk/. Here you can purchase items that are personalized for the people you wish to reward, and you can find some excellent value offers to keep your costs low.

Give Them Something Pretty

People love to receive gifts. It doesn’t matter what they are. As a customer of other companies large and small, think about the last time you received a free item. How did it make you feel? What was it? You probably received a meager pen emblazoned with the company details of the business you were buying from. It didn’t matter. They gave you something for free, and that was fantastic! Yes, you are aware that these pens are not limited items, and that they are probably sent out in their thousands to all the other small-fry customers like yourself. But that’s not important. The company made an effort to show that they care. They gave you a small token of their appreciation for you, the individual, and they also cleverly ensured that you would not forget about them any time soon. Your pen will be very useful on a daily basis, and you will see their logo every time you pick it up.

Small Beginnings Lead to Big Business

Of course, it takes a little more than material items to keep people happy. But offering free gifts to your customers and employees certainly goes a long way towards keeping their attention focused on your business as opposed to someone else. We are a magpie nation. We like pretty items, we enjoy tactile products, and things that we can collect and admire. It is human nature to appreciate things that we create, and you can bring this simple psychology into your business plan. Perhaps you could keep a selection of gifts specifically for your customers. You could mix it up a little, and send out pens, pencils, notepads, mugs, or even larger items depending on the importance of the individual customer to yourself and your business. Let’s face it, we are here for the money. The more they pay, the more you appreciate them. So reflect that in the gift that you offer. But don’t forget your smaller, less well known customers. They could become very important to you one day, and you do not want to lose them to your competitors. Be nice, be generous, and remember, treat people in the same way that you wish to be treated. Kindness, understanding, and appreciation will go a long way when building good business relationships.

Lawsuits happen. That’s true for any successful business, even if you take my litigation-avoidance advice in this blog. While you cannot prevent all lawsuits, there are steps you should take to minimize the damage and headache when the summons and complaint arrive at your office door. In fact, if you know that the lawsuit may be coming, you can do some of these things before you are served with the lawsuit.

First, train your office staff on how to deal with deputy sheriff’s and process servers who come calling. This may seem like a no-brainer, but companies get defaulted and pay large judgments because a receptionist put court papers in the circular file. You normally have only 20 days to respond to a lawsuit. Sometimes that time can be greatly reduced by a judge’s order, so it’s important that you get and read the documents right away. Conversely, if the suit papers are directed at an owner personally or an employee, there may not be any obligation to accept them, or to call the individual to the front to be served. Each situation is different, so discuss this with your lawyer.

Start making phone calls. You know I am going to tell you to call your lawyer asap. That’s not just self-serving. Your lawyer can advise you on what other steps to take. She can also quickly find out what is happening at the court by checking the docket, and can contact opposing counsel if need be. You should also notify your insurance carrier. You may have be pleasantly surprised to learn that you have some coverage. Keep in mind that your insurer may defend the case pursuant to a “reservation of rights.” This means it can try to disclaim coverage later, or it might only cover the costs of defense. In Massachusetts, this also means that you can pick your own lawyer rather than using the insurance carrier’s lawyer. Although some insurers are loathe to tell you this, when they defend under a reservation of rights in Massachusetts, you can pick your lawyer and the insurer will pay reasonable attorney’s fees.

Put your normal document destruction/retention policies on hold. You have an obligation to save relevant paper and electronic documents that may be related to the claims and defenses. In my experience, a missing document can be more problematic than an unfavorable document. The jury will always think that you intentionally destroyed a document and will, usually with the judge’s blessing, use it against you. It’s human nature to think that the missing document would be a lot more important than it really were if it were produced.

You and your attorney may want to start investigating the facts as soon as possible. There are certain strategies, within the bounds of ethics, to pin down certain witnesses before the other side obtains their depositions or otherwise speaks to them. I’m not going to give up all the tricks of the trade here.

Finally, come up with a strategy to defend the case. Lawsuits can sometimes be like a game of chess. If you and your attorney can think through the case from start to finish, predict your opponent’s moves, and plan your own moves and counter-moves, you’ll put yourself in a better position to win.

Don’t take a defeatist attitude.  Think of getting sued as part of the cost of doing business.  Approach it head on like any other business problem.  With some planning and some smarts, you may be able to minimize the distraction and damages.

By Adam P. Whitney

Sometimes large companies suck. They are too big to be flexible. Too big to be responsive. Too big to give a damn about a single customer.

That’s not always the case. I’ve recently had very good experiences with Charles Schwab, with whom I have my investments. Recently, I had to do some complicated transactions with Schwab, the details of which are unimportant. Whenever I spoke to someone from Schwab, they ended the call by telling me that they “appreciate my business”. I’m not a small fish for Schwab. I’m plankton. But all the folks at Schwab were very helpful to me. The reps took ownership of the problem I had and took care of it. They treated me with respect and made my issue a priority. I felt like they really did appreciate my business; it wasn’t just a slogan.

Contrast that with my experience with Capital One and its “no hassle” rewards. Although it says that on my credit card, I wasn’t actually getting any rewards. I called the customer disservice department to inquire why. The rep told me that I hadn’t asked for rewards, but that (reading from a card) “I’m very excited to tell you that you qualify for the following rewards.” It was an insult to my intelligence to think that he was “excited” to tell me about rewards. What marketing nitwit makes him say that? Then he reads off a list of rewards options. Can I get that in writing, I ask. No, he can’t do that. I have to call them and hear about the rewards and how exciting they are. Annoyed, I mocked Capital One’s slogan to the poor sap from customer disservice. I won’t be using that card again.

Even worse is my experience with Verizon. After a weekend of activities with the kids, I sat down at the computer late Sunday afternoon to catch up on some work. I have my office internet through Verizon, and I signed up for the Google Business Apps, including gmail. I can’t log into my gmail at all. Can’t even see old messages, let alone new ones. I call Verizon tech support, which tells me it’s a billing issue, and suggests that I didn’t pay for the Google Apps. I know this isn’t true because I can see my $0.00 balance online, and tell him that. He sympathizes, but explains that the sales department has the power over this, and they are not working on the weekend. I’m shocked that my business e-mail can be completely shut off without notice, and that tech has zero power. He checks with his supervisor to confirm that there is nothing they can do.

I call tech again 20 minutes later and explain the problem anew. The second tech person tells me that it’s not a billing issue, it’s a server maintenance issue. No one can give me access to my e-mail until the server maintenance is back up at 7:00 a.m. on Monday. I’m incredulous. Why didn’t they inform me (or anyone else, including apparently the first tech. person and his supervisor)? She seems a little annoyed as well. She doesn’t know why customer disservice didn’t e-mail their customers. But I know; it’s because they don’t give a damn about their customers. Still annoyed, I take to Twitter and chat with @VerizonSupport. He tells me that I don’t have a Verizon domain (I don’t think he has a clue about how Google Apps work through Verizon), and that I “may have to contact gmail.” He’s guessing. I’d rather he just admit that he doesn’t know than give me a third answer that conflicts with the first two his company made.

Verizon and Capital One can probably get away with it. But private business owners must appreciate their customers. Never take them for granted. If your client or customer is worth working for (if they are not, don’t accept their business anymore), treat each one as your most important client. Don’t pass the buck to or place the blame on someone else in your company. Instruct all your staff who deal with clients on these things. You don’t want your employees to tell customers stuff that obviously isn’t true (like Verizon), or to blame a problem on Joe in accounting. A client’s concern is everyone’s problem. Don’t tell clients that you are too busy or make them feel they don’t matter. If you do that, soon you won’t have any clients, and you won’t matter.

By Adam P. Whitney

Guest Post by Eve Pearce

Many people are hesitant to officially start up a small business because they fail to undertake essential preparations for the financial and practical stability of their project. The dreaded business plan is one such factor. Approach any local bank for advice on obtaining a start-up loan and they will tell you the same thing. You need a business plan. Not only that, but it needs to be thorough, precise and comprehensive. Your bank manager is not your enemy. In fact, local banks can prove to be very useful business allies if they are able to offer you a suitable loan to set yourself up. You just need to be professional, reliable, and most of all, responsible.

Does Everyone Have a Business Plan?

You might have spoken to friends or family members already in business, and perhaps it seems as though they do not have a business plan. Perhaps they don’t see it that way. Traditionally, small businesses come about by accident or by natural evolution. Some people nurture a hobby, for example photography, and when they are older and more confident, they might take the break and set up in professional business. Or their circumstances might change through redundancy or changes in the workplace, so that they feel the need for a fresh start. It doesn’t always happen this way. You can start your small business any time you like, but there are differences between doing it right, and doing it wrong. You will have to comply with government laws and regulations. Your business plan is a part of this process. It ensures that you set out your intentions clearly, and you have a legal document to refer to as and when it is needed. And of course, there is the ever-present question of money. Where will you find the necessary finance to start up your small business?

Obtaining a Start-Up Business Fund

Finance can be obtained in many different ways. As mentioned previously, your first option is usually to approach your local bank. You present a thorough and well-researched business plan, your financial advisors check it over, and they will confirm if you are eligible for a start-up loan or not. Some small businesses take the more risky approach of using companies that provide payday loans. A payday loan is designed as a short-term offer of ready cash. Initially they sound like a great idea, especially if you just need enough money to pay for appliances or equipment in order to complete your jobs. The downfall of these loans is that they sometimes leave people trapped in a cycle. You must be certain that you are able to pay the balance of the loan at the end of the month, or whichever are the agreed terms. If not, you could end up paying ridiculously high interest costs for repeated borrowing, and that will be detrimental to your business. A payday loan should only be considered as a rare back-up option when it comes to financing your business. You must be able to provide stability in order to grow your business, rather than being trapped in a cycle of debt that could lead to personal stress and the breakdown of your  company.

Another popular, and more stable, option for business finance is angel funding. This is a fairly obscure concept, only recently becoming more widespread in popular consciousness. There are lots of high-profile entrepreneurs and business owners all around the world who want to help people set up their own successful enterprises. These entrepreneurs have been there before, they have struggled and striven to get their own companies off the ground, and they understand the plight of the new business owner. Therefore, now that they are in a position to assist financially, they are open to requests from relevant people and organisations. You simply have to find the right company director or business owner for your business plan.

Angel Funding and Crowd Funding Options

Another aspect of angel funding is that lots of different people can contribute towards a project and set up a business as a group. This process is known as crowd funding, and is a continuation of the angel funding principle. Crowd funding people are those who perhaps find themselves with a little spare money and they want to invest, but they do not want to lose it in large established organisations. Instead they can join a crowd funding website or group, where they can read about business plans submitted by new entrepreneurs and potential new business owners. Again, your business plan has to be watertight. You have to sell yourself, your business, your ideas, and your vision for the future. The business plan does not simply appear in front of you. Yes, you can obtain templates from lots of Internet websites, or from your banks and even from government organisations. But the work is yours. Do it yourself, do it properly, and do it to the highest possible standard so that you have a much better chance of succeeding as an entrepreneur. 

Believe in Your Business Advisors

If the idea of writing a business plan fills you with dread, you can seek professional advice from established businesses in your area.  Yes, these companies will charge a fee for their service. Do your research, meet with the advisors, and make your own informed decisions before choosing the right people to help you. If you have already begun to write your business plan, do not be afraid to share it with your advisors or even with your legal team. They will give an honest and professional opinion on the quality of your proposal, based on their experience and knowledge. These business allies are here to help you. We can all work together, if we can only trust each other and share our talents and skills. Don’t be afraid of your business plan. Get it done, and reap the rewards that will surely follow.