BusinessLawGuy's Blog

Recently, I called a client to set up a block of time to prepare for a mediation. The client didn’t understand why we needed to meet and thought you just go in and see if the dispute can be settled or not. This common misconception regarding mediation speaks to an important topic: preparation.

I had to explain to the client that the two most important times in a lawsuit are mediation and trial. Mediation is the last time a party has any control over the outcome of a lawsuit because you have no real control when it is in the hands of the judge or jury. Why wouldn’t you prepare for such an important event??

It begs the question as to why you wouldn’t prepare for any important event or conversation, such as a mediation, a year end meeting with a supervisor regarding performance, salary or bonus issues, a job interview, an important conversation with a child, co-worker, spouse, etc. For real.

In all situations know the message you want to communicate and you stand a better chance of making sure you and your position(s) are understood. This will enhance your position and put you in a better place to achieve any goals or desired results. It also will bolster your reputation and what others who deal with you think about you. And reputation is everything.

So prepare, prepare, prepare, and see where it gets you, because, as Benjamin Franklin smartly said, “By failing to prepare, you are preparing to fail.”

It is a Friday heading toward the holiday season. It is a time of year when phrases such as “goodwill to all men” are used. But we know what is happening in the world around us and that in the fast moving world we live in not everyone treats people well.

Here is a link to a video (thanks to Kasten Spethmann of www.sophisticatedrebel.com!) that shows we can sometimes learn lessons, or at least be reminded, by teens and pre-teens that everyone should be treated well and deserves to feel special:

https://www.upworthy.com/watch-an-entire-team-of-teenage-football-players-do-something-very-unexpected?c=upw1

Please think about this as you make you way to and through your weekend. What can you do to make someone else’s day?

Of course this relates to the business topics I usually write about, but I know all of you can figure out how this applies in your business and professional lives without me explaining it.

Most employers and employees are familiar with restrictive covenants. I am referring to confidentiality/trade secret provisions, non-compete provisions and non-solicitation provisions (if you don’t know what one or more of these provisions is used for and want to know, feel free to contact me). These type of provisions come up in contexts other than employment, such as when a business is sold, but the main place you probably will have encountered one is as an employee, employer or independent contractor.

For employers, it is important to have the agreements  and contracts you use with employees and otherwise reviewed by an attorney annually to make sure changes in the law don’t require revisions or render some or all of a contract unenforceable. For employees, independent contractors, sellers or buyers it always is a good idea to have an attorney review these type of provisions or agreements at the time they are being negotiated. Or now, because the law change may affect enforceability of contracts to which you are a party too.

Based on an October 2013 Arizona Court of Appeals decision it makes sense for any person or business who is a party to a contract or agreement containing these type of provisions to have them reviewed by an attorney because the law has changed for now. How it may affect you depends on the specific provisions you have agreed to, no matter whether you are an employer, employee, independent contractor, seller, buyer, etc. I strongly suggest you make this part of your year-end planning heading into 2014 because of the change in the law. And make it part of the annual legal “check-up” you should be doing to protect yourself.

Let me know if you have any questions on this topic or want to schedule a time to review restrictive covenants in documents you use or are a party to.

My kids know a saying I have: “If your mouth is open your ears are closed.” Of course what I mean is that if you are interrupting a speaker or just waiting to get something out odds are you are not really listening to what the other person is saying. And this is a problem because professionally and personally communication is everything. You want and need to be understood, but you also need to understand the speaker.

Listening is more than simply “not speaking”. Give others your undivided attention. Set aside your own judgments and preconceived notions. Listen with focus.  Most importantly, listen to understand.  This is more than just not speaking – although that is a good start. It is about having effective verbal communications with those around you.

Many of us are much more comfortable talking than listening. Many of us are thinking about how we are going to respond while the other person is still talking. But how can you effectively listen when you are thinking about anything other than what the other person is saying.

And what I just said ignores an important topic for another day: non-verbal communication.  According to published statistics, as much as 70% of meaning is conveyed by non-verbal cues such as facial expressions, body language and the tone and cadence of the speaker….

So your challenge for the week it to open your ears, shut your mouth, and see if it makes a difference in your conversations.

Whether conscious of it or not the majority of people you know aspire to be great. At something. It may not be in an area or way you think. That CEO you know may aspire to be a better leader or to improve his skills at playing guitar or golf. But aspiring to be great at anything actually takes work. Hard work. And discomfort.

No matter whether you are working on a skill or behavior it needs to become second nature. Think repetition. A good example is golf. Swinging the different types of golf clubs well takes repetition until the swing becomes second nature, requiring no thought, like a habit. This level of discipline is not human nature and is why it takes hard work and discomfort to achieve or even try to reach your aspirations.

So whatever your aspirations are – developing more work, increasing revenue, running a marathon, improving your golf game – you have to be ready to invest blood, sweat and tears. If you do, there is no guaranty you will reach your goal, but there sure is a better chance. The results, or lack thereof, ultimately will reflect the level of work and discomfort you were willing to endure in aspiring to be great at something.

Most people I know talk about the need to work hard to be successful and earn a good reputation. Yes, I said “earn a good reputation.” That is what you hope to achieve if you put in the hard work.

But some people, not just the 20 somethings, have unrealistic expectations, which at times results in cutting corners and avoiding the hard work part. I just read about a San Diego law firm being sued by Yelp because it allegedly had its employees paste fake reviews on Yelp because the posting of fake reviews violates the website’s terms of service contract (you know, the long thing you don’t read and just click the “Accept” button blindly). In addition to pointing out that it is easy to trace IP addresses and having employees post fake reviews from your office is bad form, that firm was forgetting the part where you have to work hard and provide good service to customers to earn praise.

If you work hard and provide a good service experience you will build your reputation. This in turn may lead to many positive results including positive online reviews, peer recognition and a good reputation, which will lead to what individuals and business seek: more work, customers, income, etc.

This leads to an old saying that is true: you need to take the time to invest in yourself. If you do, success is not guaranteed, but if it does come it will be earned and that much sweeter.