BusinessLawGuy's Blog

I know, another person telling you to be thankful during the holiday season. Kind of, but not really. You should be thankful for what you have, but year round, not just because it’s this time of year. But that is not what I am talking about.

This time of year and all times of the year are good times to remember to show gratitude. Yes, you should do so year round, but it is better late than never, and should be done in both your professional and personal worlds.

Are you lucky enough to be in a position to have someone clean your home? Some extra money may be sufficient without a card or hand-written note, and arguably will be more appreciated than a gift. Or maybe you had a team member go above and beyond. In that case, a hand-written note and a bottle of wine or gift card to their favorite coffee shop are good options.

But what about the guy or gal who referred you the big lead or client? That’s not a situation where money seems appropriate (think kickbacks!). Here a hand-written note and thoughtful gift is the right idea. If you’re not sure what to get them there are ways to determine their interests though your or their co-workers. It’s also a signal to get to know the people who help you succeed and earn your living better.

So remember to thank people timely and often, and do it throughout the year. If you haven’t lived this way until now, this is a good time of year to start.

And to those of you kind enough to have referred a client to me, provided me with a lead, or trusted me enough to connect me to one of your contacts, thank you!! And who knows, you still may be getting that hand-written note and a gift…

Happy Holidays!

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 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 usually 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 the end of the year.

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 at the end of the year to ensure that all is right with taxes and withholding because I don’t want a big surprise I owe more money.

A few years ago I had a reminder related to a different item you should check on annually, auto insurance. We had two teenagers on our policy 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 policies with similar coverage from quality insurers. He did that for me and we ended up with a new insurer, with pretty significant savings.

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).

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.

Communication is a singular important matter in all interactions between people. But most people don’t focus in a manner befitting this importance. Communication does not always happen in a way leading to understanding on the same level between the participants in the conversation. This is high-lighted by a quote that I like:

The single biggest problem in communication is the illusion that it has taken place – George Bernard Shaw

Do the people you communicate with understand what you are trying to convey? If you think so, how do you know? Odds are the communications are not as clear as you think.

That is because it takes more than just you speaking. It also takes the other person listening fully. And it takes the other person not only understanding what you said, but what you were trying to convey.

Think about yourself. When someone is speaking with you, are you listening or thinking about what you are going to say next. If you are thinking about what to say next, you are not listening fully. If so, it is likely you will miss something the other person wants you to know and understand.

Listening fully is challenging whether in person or on the phone. In person you may be able to tell someone is not understanding or listening to you based on their responses (or lack of responses) and body language. How can you tell on the phone? Maybe by the response or the delay in the response. Or do you hear typing or mouse clicks, signaling the person on the other end of the line is focused on something on their computer and not what you’re saying.

Actual communication where both people listen and understand each other is exception, not the rule. This is true in business and at home. You can ask questions to make sure the other person understands what you are saying. Or at home, you can ask your child to stop texting while the two of you talk. Then take the time to look at how you listen in live conversations or over the phone to make sure you are not missing anything.

Tomorrow is Thanksgiving nearing the end of another odd year. In thinking about writing about being thankful or gratitude, I thought back to posts from the last few Novembers. I can’t say it better, so here is my annual blog for the week of Thanksgiving.

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. In the time of the pandemic 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. In a usual year, 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. In this year, it includes thanking people on my team for coordinating between those working in the office and at home 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 and they walk through without saying anything.

Of course, if you go through your day looking for when people should be thanking you, you likely will be disappointed. Instead, I think about how I want to come across to others, as well as ways I don’t want to come across to others.

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.

Who you associate with is important in business and in life. You should surround yourself with people who add value. In business it may be a mentor or connector. In your personal life it may just be someone who makes you laugh. Never underestimate the value of humor and laughter.

The saying “everything is who you know” exists for a reason. In the context of business, this makes a difference.

I used to grab lunch or coffee with anyone who asked or was connected with me. Over time, I came to value my time enough to think about who I was meeting with and whether they added value. Of course some people did and some people didn’t. I actually kept some of the people who didn’t add value to me professionally because I decided they added value in other ways. They may have been someone who makes me laugh or with whom I really enjoy our conversations. By making these decisions I was being honest with myself about the company I was keeping, why I shared their company, and the value proposition.

Making these assessments was a valuable exercise. By thinning my “regular” contacts I spent time on in relation to my business, it freed me up to be connected with and meet new people. The new people then went into my continuing analysis of whether they added value. Sometimes it took more than one lunch or meeting to make this determination. Once I did, they were on or off my list. Over time, some people who I took off of my list made it back on for various reasons, all of which had to do with the value proposition. This happened because most things aren’t static and someone can go from not adding value to adding value or vise versa, so be open to reassessing whether someone should be in your circle.

I’m speaking to the company you keep in the business context because this is a business blog. The same rules apply in your personal life. Whether they apply with family I leave to you, but your choices to maintain relationships or not belongs to you alone. As we head into the holiday season, it’s a good time to assess the company you keep. It may cause you to rethink some connections and relationships, but it also will remind you of the wealth you have based on the people you surround yourself with, which is something to be thankful for.

There are many facets to success. The road is different depending on your profession, but in all situations it involves opportunity and preparation, as well as timing and hard work. The preparation and hard work count as investing in yourself and your future.

Preparation makes the hard work look easier to those on the outside. It’s the investment in yourself. Sometimes you can wing it, but most times you aren’t fully prepared, someone who matters will know. Preparation may be easy, which is always nice. But other times it’s hard and trying. In all situations it’s imperative to do so and enable yourself to do your best.

The hard work you put in helps create the opportunities you need along the road to success. It could be your boss noticing the hard work and giving you more opportunities or a promotion. Or maybe it’s your client or customer recognizing your efforts and directing you more business or connecting you with other opportunities for business. The point is people recognize when people are putting in time and effort, especially when it is bringing results.

This happens for me where my work for clients has resulted in the referrals of their friends, family and peers. It is a great complement when someone sees your hard work and trusts you enough to make such a referral. People don’t want to refer their friends and family to others unless they think the person can assist and will put in the time to do so, because referrals reflect on the person doing the referring. You want to be the person they trust to help people they care about.

The road to success is littered with potholes of all shapes and sizes. You will not be able to avoid them all, but the ones you hit provide lessons so that you can avoid bigger ones in the future. By continuing down the road of hard work and preparation, you will create opportunity and put yourself in the best position to achieve your version of success.

Thinking about celebrating is inspired by my wife, who has a big birthday tomorrow. We have made special plans with people we care about. In these times it would have been easy to not do so, have a quiet moment with immediate family, and move one. But when you do that time keeps marching forward and you’re missed an opportunity.

The opportunity missed is the chance to celebrate a person, an occurrence, a moment worth celebrating. This applies in the workplace too. For me, I know the times I received a huge ruling from a court on a trial or appeal, or closed a large complex transaction, and then kept working. I read a long ruling, emailed congratulations to my team, and called my client, but, in hindsight, I should have done more. I should have taken my team out to celebrate for lunch, dinner, or drinks. The what doesn’t matter as much as doing something. If my client lived in the Phoenix area I should have done the same with them, maybe along with the team.

Once you miss that opportunity to celebrate in the moment, or on or close in time to a birthday or anniversary, the moment has passed. Letting it pass also loses opportunity for connection with others, which even we all crave. Sometimes a big celebration is called for. Other times it could be a small, quiet event. The next time a reason to celebrate arises, mark the moment and do something. Those are the times remembered and spoken about into the future.

In our scattered multitasking world focus still matters. Our brains aren’t built to do multiple things at once, at least not well. This is a problem when we have tasks or projects requiring focus and attention.

You probably have tools or processes you use to try and focus. This may include closing your office door, putting your phone on do not disturb, or doing the work at a time or day (think early or on the weekend) when interruption is less likely. I find it easier to have uninterrupted time earlier or later in the day and I’m not the only one.

I saw a quote from Tim Cook, the CEO of Apple, where he said about beginning his day earlier than most “I do that because I can control the morning better than the evening and through the day. Things happen through the day that kind of blow you off course. The morning is yours. Or should I say, the early morning is yours.” I agree and have spent many early mornings working on matters requiring me to focus. Do you have a time of day? There is something to be said for doing important work when it’s less likely you will allow yourself to be dragged off track by email, calls, or something else.

This is important because it’s much easier to do high quality work when you can focus. If you think about recent tasks or projects you worked on, and are honest with yourself, you know whether you did your best work or not. People don’t pay me to provide legal services at a middling level. Clients expect I’m giving them my best always. I try, but know I fall short at times. We all do. But by thinking about how and when I work best and can focus, I have a better chance to hit the mark.

I encourage you to take the time to think about the setting, time of day, and other factors allowing you to focus and do your best work. Doing so is an investment in yourself, and what’s more important than that?

We live in a world of entrenched people and positions. Right now you may be thinking of politics and similar high level issues, but I am not. I’m considering this on a day-to-day level in relation to your work and personal lives in how you deal with people on any topic. For me it’s about my clients and who I have to dal with on their behalf.

I certainly deal with entrenched people and positions professionally dealing with opposing parties and attorneys who have positions directly conflicting with my client’s positions. I dread conversations where an opposing attorney is going to try change my mind through their words. Their positions come from the narrative they have been told by their client, many times contradicting the contracts, emails and texts underlying the matters at issue. Of course, when they speak with their clients they receive positive feedback on their apparent understanding of the their client’s narrative, thoughts and ideas, but their job is to listen, analyze and question. Accepting what someone tells you as the truth comes with great risk when their voice is not the only source of information. This moves no needle, changes nothing, and actually can be detrimental to the result ultimately achieved for their client.

I can’t give you any ideas on how to help change this in a large way, but I have some ideas on what you can do in your world to start moving the needle. This speaks to how to get along with the people you work with, live with, and deal with on a daily or regular basis, including, for me, those pesky opposing attorneys. It could be about which shop has the best coffee, the best route to get where you’re going, or, in my world, how to interpret a law or contract provision.

The most important thought I have is to think and act independently and constructively. Don’t get sucked into groupthink without analyzing the situation or issue yourself, even if you trust the person pushing a certain idea. I always say I trust what my clients tell me unless and until I review materials that make me question their version of the “facts.”

Even really smart people aren’t right 100% of the time. You can reality test ideas respectfully and constructively with questions, but you also have to listen to the answers. Again, this could be about a discussion with a co-worker on whether to hire a new employee or whether to switch IT vendors, or me questioning why my client’s position and a contract term don’t match.

Groupthink is the killer of innovation and ideas. When everyone piles on about how great an idea is without respectfully questioning it, opportunities are missed. If you jump on the bandwagon with your superiors, let alone friends and family, it may be at the price of your identity or personality. You may advance your career or a personal relationship by always being a yes person or team player, but notice the people who achieve professional success or seem to have healthy personal relationships can respectfully question or disagree with another’s thought or idea. Done in this manner it can result in better ideas and results, and serve as opportunities for learning and growth. It has helped me be a better advocate for my clients, set reasonable expectations, and achieve better results for them.

By asking the hard questions and not just agreeing with others you won’t end up being buddies with everyone. You will earn peoples respect as a thinker and as someone who doesn’t jump on the bus without thinking through ideas and issues. Up your game by thinking and acting constructively. It will make your corner of the world that much better of a place.