BusinessLawGuy's Blog

The calm person wins is a truth I’ve observed during my professional career. When emotions run hot and tensions rise, if you maintain your composure you will inevitably gain the upper hand. You also will make better decisions, see opportunities others miss, and command respect by maintaining your demeanor.

I witnessed this principle a few months ago during heated settlement discussions with opposing counsel. While opposing counsel grew increasingly agitated and combative during each call, I did my best to remain calm. I didn’t react to provocations or raise my voice. And yes, it was difficult when speaking with someone who had completely lost their cool. In the end I kept restating my client’s position and let the other attorney exhaust himself emotionally. This ultimately resulted in a reasonable settlement for my client that was far different and better than what opposing counsel yelled at me during our first settlement call.

The advantage you take by remaining calm extends far beyond the legal work. In boardrooms, investment meetings, and other crucial business negotiations, if you maintain your emotional equilibrium you will hold a distinct edge. It will allow you to think clearly while others become clouded by anger or fear. You can strategize effectively while others act on impulse. You will be able to earn the confidence of others by not reacting emotionally.

I find that the beauty of cultivating calmness is that it compounds over time. Each situation you navigate with composure builds your reputation and strengthens your ability to stay centered in challenging situations in the future. People will begin to expect and respect your measured approach. Those who have dealt with you before will think twice before trying to provoke you because they know it won’t work. In that way, your calmness becomes both shield and sword by protecting you from others’ emotional outbursts while giving you the clarity to advance your objectives.

Know it isn’t easy to remain calm in the face of all situations. Cultivating genuine calmness requires dedicated practice. It means choosing your response rather than reacting instinctively. It means breathing deeply when you feel tension rising. It means maintaining perspective even when others lose theirs. But the investment pays extraordinary dividends because in business and in life, the calm person wins.

Let me tell you something about success that many people want to ignore: effort and working hard is not enough. I’ve spent my career practicing law and seen countless businesses rise and fall. Through this view I’ve noticed a peculiar misconception taking hold – this idea that if you put in the effort and hard work it undoubtedly will lead to success. There is more to success than simply putting in the effort.

Hard work is absolutely necessary to reach success, but it doesn’t guaranty it. I’ve represented brilliant entrepreneurs who worked themselves to the bone but still watched their ventures collapse. The market doesn’t care about your hard work. It’s just a given that you will put in the effort. If you don’t, then success always will be out of your reach.

I recently read an article by a professor at a university. After teaching for twenty years he has heard a new refrain from students not happy with their grade in his class: “My grade doesn’t reflect the effort I put into this course.” That’s right, students actually want their grades to be raised for trying, not for mastering the subject matter. That’s not how school and life work. When you put in the effort there is no promise of what you get in return whether in the form of a grade or business and financial success. Effort is simply required to have a chance to do your best and achieve goals (or grades).

However, and this is crucial, I’ve never encountered a successful person who didn’t work hard. In law it would be like trying to win a lawsuit without preparing for trial; theoretically possible, but not a strategy to bet on. Hard work is your ante into the game. Without it, you’re not even at the table where success happens. You’re just standing outside the building, complaining about how the game is rigged.

The reality is that hard work is merely your admission ticket to the arena of opportunity. Once you’re in, you need a potent combination of market timing, strategic thinking, relationship building, and yes, sometimes plain old luck. Think of it like a complex merger of these things where when you actually put in the effort there are external market conditions that will ultimately influence the outcome.

My advice to you is to work hard not because it guarantees success, but because without it, you’re practically guaranteeing failure. The path to success is complex and often unpredictable, but hard work remains your non-negotiable first step. It’s up to you whether you’re willing to take that step to give yourself the best chance to succeed.

After years of practicing law, I’ve learned one immutable truth: compromise isn’t just a strategy, it’s what keeps deals and relationships alive. Every day, I watch business owners and leaders who think they can strong-arm their way to success crash and burn because they refuse to bend. The most successful leaders I’ve worked with understand that giving up the perfect solution to achieve a workable one isn’t weakness.

When I sit at my desk reviewing documents, I’m not just pushing papers, but orchestrating a delicate dance of competing interests. Company A wants ironclad protection on some legal issue, Company B needs flexibility related to that issue, and somewhere in the middle lies the sweet spot where both parties can shake hands and move forward. The art is finding that middle ground without letting either side feel like they’ve lost the war. Sometimes this means spending an extra hour on the phone, walking a client through why accepting 80% of what they want today is better than spending two years in litigation.

I face my own set of compromises. Do I take on that smaller client who can’t afford premium legal rates because they show amazing potential. Do I pass up lucrative but ethically questionable work that could earn me and my firm a lot of fees. How do I balance the desire to over-prepare every case with the reality of billable hours and client budgets? These are more than just business decisions, they’re character-defining moments that shape both my practice and my professional identity.

The secret to mastering compromise isn’t just about splitting the difference. It’s about understanding the hierarchy of what truly matters. Before entering any negotiation, I tell my clients to make three lists: their must-haves, their nice-to-haves, and their willing-to-walks. This framework transforms compromise from a gut reaction into a strategic tool. When you know your true priorities, you can give ground on the periphery while protecting your core interests.

If you’re struggling with compromise in your business or life, start by examining your ego and then checking it at the door. Are you holding firm because the principle truly matters, or because you hate to “lose”? Build trust through small concessions before tackling bigger issues. Create options instead of digging into positions. Remember that today’s compromise could be tomorrow’s strategic advantage. I’ve seen countless “setbacks” turn into opportunities when viewed through the lens of time. In the end, those who master the art of compromise don’t just survive in business, they thrive by building bridges while others build walls.

Let me tell you something straight – mediocrity is a choice, and excellence is a habit. I’ve spent my career watching companies rise and fall, and the one constant separator between success and failure is the relentless pursuit of improvement. When you wake up each morning, ask yourself: “What’s one thing I can do better today than I did yesterday?” Maybe it’s tightening up a process, streamlining your team’s communication, or finally implementing that new project management system you’ve been putting off.

I see too many business leaders getting comfortable with “good enough.” But the truth is that “good enough” is just another way of saying “not good enough.” Your competitors are looking to improve. In our tech-centric world, our clients’ expectations are evolving requiring us to improve or be left behind. Standing still is moving backward. This applies no matter your line of work because the principle remains the same.

The most successful business leaders I’ve counseled all share this common trait: they’re obsessed with incremental improvements. They understand that transformation doesn’t happen overnight – it’s the result of consistent, deliberate steps forward. They track metrics, gather feedback, and most importantly, they act on that information. They’re not afraid to admit when something isn’t working and pivot accordingly. This is where real growth happens, in those small, daily decisions to do things better.

For my fellow attorneys, this mindset is particularly crucial. The practice of law isn’t static. It’s evolving with technology, precedent, and social change. Every brief you write, every negotiation you handle, every client interaction is an opportunity to refine your craft. The best lawyers I know treat each case as a learning experience, constantly updating their playbook and sharpening their skills. It’s not about being perfect; it’s about being better than you were yesterday.

Remember, your reputation is built on the cumulative effect of thousands of small actions. Each time you choose the harder right over the easier wrong, each time you put in the extra effort to double-check those figures, each time you take a moment to mentor a junior colleague, you’re not just improving yourself, you’re building a legacy of excellence that will define your career and your organization’s success. The real secret to sustainable growth in business is making “better” your default setting.

In the demanding worlds in which we all work, it’s easy to become overwhelmed by ambitious goals and high-stakes outcomes. Many professionals fixate on major victories—landing the prestigious customer, client, or sale, winning the landmark case, or securing that coveted partnership position. However, true success is not just these dramatic moments alone. Instead, it’s built through the accumulation of seemingly minor actions, decisions, and habits that compound over time to create extraordinary results.

In my professional world, think of the successful attorney who maintains an impeccable reputation in their field. Their achievement isn’t solely attributed to brilliant courtroom performances or groundbreaking legal strategies. Rather, it’s the result of countless small actions such as the extra thirty minutes spent proofreading each document, the consistent follow-up calls with clients, the early morning reviews of recent case law, and the deliberate effort to build relationships with colleagues. These daily practices seem modest taken alone, but collectively form a foundation that allows the great results.

Similarly, business leaders who create lasting impact understand that sustainable growth stems from disciplined daily routines. Your success might be measured by quarterly earnings or market expansion, but these outcomes often trace back to small, intentional choices such has taking time to mentor employees, investing in continuous learning, or implementing minor process improvements that gradually optimize operations. These incremental steps, when executed consistently, transform into a significant competitive advantage for you and your company over time.

The power of small actions lies in their ability to create sustainable change. Unlike dramatic overhauls or intensive sprints that often lead to burnout, you can integrate these types of modest daily practices into your professional life. You can dedicate fifteen minutes each day to industry research instead of sporadically cramming information before client meetings. This allows you to amass a good deal of information over time as you build you knowledge and expertise, which will be evident to existing and potential customers and your peers. Similarly, an attorney who consistently allocates time for relationship building will develop a network that generates referrals and opportunities, outperforming those who only network or undertake business development actions when immediate needs arise, i.e. they’re light on work.

The journey to professional excellence and success isn’t about revolutionary breakthroughs or heroic efforts. Instead, it’s about identifying the small, high-impact actions that align with your goals and executing them with unwavering consistency. Success becomes inevitable not through large gestures, but through the patient accumulation of small daily wins. With each small win you build upon the last as you work towards your goals and success. In the end, the most successful professionals aren’t those who occasionally perform extraordinary feats, but those who commit to doing ordinary things extraordinarily well, day after day.

At the start of a new calendar or fiscal year, business leaders and professionals face a critical opportunity to evaluate which practices, policies, and procedures drive value for their organizations. This is important to consider because many companies carry forward inefficient employees, inefficient processes, outdated technology, or obsolete business models simply because “that’s how it’s always been done.” The start of the year presents an ideal moment to conduct a thorough audit of what serves your business objectives and what doesn’t.

In the legal and professional services realm, this might mean reassessing your long-standing client relationships that consistently operate at a loss, assessing your employees, or finally sunsetting legacy systems or software that require disproportionate maintenance resources. This speaks to efficiency and your bottom line. This may lead to hard decisions, especially with employees. If you don’t do this because of the general aversion most people have to making these types of hard decisions, especially when it comes to employees, don’t be surprised when nothing changes. The fact is that it’s better to live through short-term disruption to be done with long-term negative impact.

It also is important to evaluate whether your current organizational structure, compensation models, and performance metrics truly incentivize the outcomes you want or not. I think it takes courage to make hard decisions such as restructuring teams, redistributing responsibilities, or terminating employees but it can lead to a stronger business and create new opportunities for growth.

In truth, any time of year can be a good time to consider making these types of changes to your business. While such decisions can be challenging, they’re often essential. The temporary discomfort of change typically pales in comparison to the long-term cost of maintaining inefficient processes or employees and instead maintaining the status quo.

In the rapidly evolving landscape of modern business and professional services firms, the ability to adapt and make difficult changes is crucial. The process of change and letting go creates space for strategic renewal and operational excellence for your business. The goal is to position you and your business for greater agility, profitability, and success moving forward. Any day is the right day to evaluate your business and plan for changes so start today.

Ending the year well can mean different things to different people. For some, it might mean achieving a personal goal or completing a major project. For others, it might mean spending time with loved ones or taking some time to rest and recharge.

Regardless of what it means to you, there are some general tips that can help you end the year on a positive note:

1. Reflect on the year. Take some time to think about the highlights and lowlights of the year, and what you learned from them. This can help you gain perspective and move forward with a clearer understanding of what you want to accomplish.
2. Set goals for the new year. It can be helpful to set some specific goals for the new year, whether they are personal or professional. This can give you something to work towards and help you stay motivated.
3. Prioritize self-care. The end of the year can be a busy and stressful time, so make sure to take care of yourself. This might mean getting enough sleep, eating well, exercising, or doing something else that brings you joy and relaxation.
4. Spend time with loved ones. The end of the year is a great time to reconnect with friends and family. Plan a special outing or gathering, or simply spend some quality time together. This can help you feel supported and loved, and can also provide a much-needed distraction from the hustle and bustle of the season.
5. Give back. The end of the year is also a time when many people are in need. Consider volunteering your time or donating to a charitable cause. This can be a fulfilling way to make a positive impact and can also help you feel grateful for what you have.

Overall, ending the year well is about finding balance and taking care of yourself and others. By setting goals, prioritizing self-care, spending time with loved ones, and giving back, you can end the year feeling fulfilled and ready to tackle the new year ahead.

Beginning in 2014, many of you probably read my blog regarding having a checkup for you and, if you have one, your business. This does not involve the doctor, but it does involve all of the other professionals in your personal and business life. Based on the positive feedback, I have made this an annual tradition.

Some of you said “What a great idea. I am definitely going to do that.” Others said “Sounds like a good idea, maybe I will look into that.” Another response was “I wish I had thought about this before the end of the year or when certain contracts automatically renewed.

That feedback was based on me originally making this post the week between Christmas and New Year’s, when many people have time and are thinking about actions they want to take going into the next year. This is why I now share this a few weeks prior to the end of the year to give you time to take action and look into possible changes before year end.

I’ll bet in most years the majority of you were busy with or recovering from the holidays and all that they entail, and probably did nothing in response to my push for you to do this type of “annual checkup.” To be honest, this response is okay and ignoring my advice may not have had detrimental effects to you or your business.

The point of the advice is that you only know what you know. If you do not check in with your professionals and, for example, make sure contracts or your estate plan remain enforceable and up-to-date, that is where risk comes in. For example, I always check in with my accountant prior to the end of the year to ensure that all is right with taxes and withholding because I don’t want a big surprise that I owe more money or am being assessed penalties for under withholding.

A few years back I had a reminder related to a different item you should check on annually, auto insurance. We had teenagers on our policy at the time and a number of vehicles, and the premiums always seemed so high to me. But my insurance person knows me and shops the policy every year looking for the best rates rates for similar coverage from quality insurers. He did that for me and we ended up with a new insurer, with pretty significant savings.

Does your insurance person do this? If not, why not? You should ask. Or you should switch to a new insurance person who cares as much about you as they do about the commissions and income you represent to them.

With the time constraints of life, it’s sometimes hard for me to move beyond the higher-level checkup, but when I do I usually end up with some benefit. Unfortunately, in our time-crunched world, the question of who to check in with at year end is expansive, from your estate planning attorney, to your investment person, to your insurance person, to vendors you may use such as a yard or pool maintenance company, or your cell phone carrier or your Internet provider. You may be surprised what a company will do in lowering monthly costs to satisfy or keep a current or longtime customer. Try it and see what happens. A good one to start with is your cable or satellite television provider (assuming you haven’t cut the cable). Another is your cell phone provider.

I know, I know, who has the time? None of us do, which is why the choices are yours. Are your contracts up to date? Did you pay enough estimated taxes or withholding? Are you paying too much for the cleaning service at your office or your lawn service for your home ? The choice of what professionals to consult, what costs to check or compare, and what services to put out to bid is yours. Choose wisely.

And for those of you seeking a reminder or who did not see it in years past, here is my original blog post on getting an annual checkup:

The end of the year is always a good time to take stock of where you are personally and professionally. This can be checking in with your personal accountant to make sure you have withheld/paid enough taxes during the year or planning for deductions to planning for large corporate expenditures on things such as upcoming projects, planned corporate initiatives or planned equipment purchases. But the one thing that is a constant is that we all should be doing this.

In the past I have mentioned why it is good to sit down with various professionals you or your company work with just to check-in, be they attorneys, accountants, insurance professionals, financial planners, investment professionals, etc. The list depends on you and your business.

This does not have to be a formal appointment unless you think that is appropriate depending on the nature of the planned conversation. Instead, it can be you offering to buy them lunch or a drink. The point is the better the professionals you work with know you, the more they are able to make recommendations aimed to benefit you or your company.

So don’t wait, start making plans today to meet with these people this year, or at least first thing next year. We all are busy this time of year, but if you take these actions it will help you now and in the future.

The people you associate with help determine your future. They matter when people think of you so choosing wisely is important. Depending on your position you may or may not be able to choose co-workers, but you can choose who to spend time with both inside and outside of your company. These choices shape your path to your success (or lack thereof) so you need to choose thoughtfully.

I enjoy networking and getting to know people. A few years ago I took a step back and thought about who I spent time with and why. Through this process I realized there are people I spend time with because they add value to my knowledge, network, and business. Examples are people who provide value to me by referring potential clients needing legal work or connecting me with other professionals they think I would benefit from knowing.

I also realized there are people I spent time with because I liked them, they tell great stories, or just make me laugh. By thinking this through I was able to know why I was choosing to spend my time with each person and make choices that helped dramatically increase my business. I still spend time with people just because I like them and they make me laugh, but I may do so a little less frequently and I know why I am doing so. That is why knowing the why of the choice to spend your precious time with someone is so important.

It follows that choosing who to work with or start a business with is as important as picking a spouse or partner, and vice-versa. So is who you have lunch with or meet for coffee because your time is limited and valuable. Don’t be blinded by flash; substance matters in the long run. These types of choices are important because they affect so much in your world. That is why choosing who is in your orbit should matter so much to you. If it doesn’t, it will be evident to others, color how they think of you, and likely negatively affect your opportunities.

We all know people who have a business partner or spouse most people don’t like or merely tolerate. If that is you are you self-aware enough to know, to admit it to yourself? If so, what keeps you with that person that regularly turns off others and (likely) negatively affects your life? And, yes, I understand emotional, mental, or financial pain may be the reason. But recognize those types of choices may limit your chances and opportunities for success.

And I know people can change, but think about how hard that actually is. Changing into the person others want to be around doesn’t happen overnight. You are much better off choosing wisely at the beginning. If you do, the greater chance you have to avoid a painful split in the future, let alone the effect that person can have on your reputation. And business divorce is as painful and messy as a divorce from a spouse.

Take control of your time and plan who you spend it with by thinking about why you spend time with them. The goal is to keep good company by doing your best to choose those who will matter and figure prominently in your professional and personal life carefully. And sometimes choose laughter.

We’re just past Thanksgiving 2024 in what seems like another busy, fast, and crazy year. In thinking about writing about being thankful or gratitude, I can’t say it better than I have before, so here is my annual blog for the week of Thanksgiving. And of course, every day of the year is a good day to show gratitude to others and to be thankful.

This is a good time of year to think of gratitude generally and what you’re thankful for specifically. At the same time, it’s a great time of year to spread good feelings, which you can do by letting others know when you appreciate something they have done for you. It may mean a phone call, email, or text, but it’s import to take the time to reach out, thereby investing in your relationships.

Those of you who have younger children (or older ones…) know you end up reminding them to say “thank you” all of the time. That is because thanking someone or showing gratitude is a learned behavior. If it came naturally or from observing others we wouldn’t have to teach children to do so.

Hopefully you remember to thank people as appropriate in your daily life. This may be thanking someone holding the door for me when I get to my office, for holding the elevator for me, or for making a pot of hot water so I can have tea and get that needed caffeine injection upon arriving for work. It includes thanking people on my team for their hard work to complete tasks needed to serve my clients’ interests. Many of these situations are universal to all of us, but I am sure we all remember holding a door for someone when they walked through without saying anything.

Of course, if you go through your day looking for when people should be thanking you, you will be disappointed. Instead, you should think about how you want to come across to others, as well as ways you don’t want to come across to others. The only person you have control over and how they react to others and the actions of others is yourself.

We all have bad days, but most days we should recognize when thanking someone is proper and appropriate. This time of year is a reminder to says things you may usually only think to yourself. Positive feedback is energizing, and hopefully the person you provide it to pays it forward. Plus, it has the added bonus of making you or the other person feel good, making it a great way to go through life.

Think about how to make gratitude part of your daily life and Happy Holidays!