Posts tagged - business issues

Why you need to prepare for meetings

When new or potential clients ask me how we can make our first meeting as productive as possible it is an easy answer.  Prepare.  That means me too.  I ask them to look through all of the documents, emails and information they have that is relevant to their issues.  And I ask them to send me the operative contract, documents, emails and or an outline of the pertinent facts prior to the meeting.

This applies to you too.  You cannot prepare too much.  Knowledge is power.

If you are meeting with a salesperson, know what you need and have a plan.  This helps you order what you need, not make emotional decisions and keep the meeting on point.

If you are the salesman, know the company or person you are trying to sell.  Research.  It helps to keep notes about people, their companies, their families, etc. The personal touch is everything (but you need to be sincere and care, or you will hurt your cause).  Search the Internet, review your notes, or take whatever actions will help you be prepared for your meetings.  Knowledge and preparation make meetings go smoother, and better, and more productive.

By doing so you will help yourself, and help others.  Time is money is true.  Most people would like more money, and we all can use more time, so prepare as well as you can and you will have a better opportunities for more of both.

No Comments

Appearances Don’t Matter; Never Assume!

We all run into people who appear to be successful.  It can be how they carry themselves, the car they drive, the clothes they wear or the words they say.  Some are. Some aren’t.  Fake it till you make it, the saying goes.

Of course, some of the most successful people won’t look like many of us picture success.  How about Sam Walton driving a pickup truck his whole life despite starting what is arguably the biggest business in America, Walmart?  Or in your world, what about the mechanic with grease under his fingernails?  Maybe he owns a chain of garages. Maybe not. Maybe he owns one garage, but is successful enough to live comfortably or more and that business put his children through college.

That mechanic may be a great client for me or you. He may need help whether from a lawyer, accountant, financial planner, etc.  Maybe he needs your company to help with SEO and boost where he shows up on Google.

If you make assumptions based on appearances you may miss out on a great connection, client, or even making a new friend.  Of course it is not always so easy to know who to speak to first at an event or gathering.  It shouldn’t take too long to figure out whether the person you are speaking to is someone you want to know or not. Look for real substance and true success.

Try to choose wisely, or move on…

No Comments

I Can’t Thank You Enough!

Of course, you think, 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 is this time of year. But that is not what I am talking about.

 

This time of year is a good time 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. Lucky enough to have someone clean your home? Some extra money may be sufficient without a card or hand written note (yes, there are still times a hand written note is appropriate), and arguably will be more appreciated than a gift.

But what about the guy or gal who referred you the big lead or client? Arguably shouldn’t be money (think kickbacks!).  Here a hand written note and thoughtful gift is the right idea. Not sure what to get them? You should be because you want to get to know people better who help you succeed and earn your living.

So remember to thank 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!

No Comments

Life is a Negotiation so be Prepared

As an attorney my life involves negotiation on a daily basis, professionally. But so does yours. You may negotiate with clients, customers, suppliers, co-workers, spouses or children. Is it for that big sale or to get your kid to do something? It doesn’t matter, prepare.

The preparation may just be thinking about the conversation. Or it may be strategizing with others or conducting role playing scenarios. There are many commentators out there who do a great job on writing about negotiation strategies and issues (For example, see Marty Latz’s (@MartyLatz) columns: http://www.negotiationinstitute.com/columns). Maybe your preparation can be researching his or other columns on the Internet. The point is do something; Think. It will help.

For me, professionally, negotiation can involve mediation, which is a more formal form of negotiation and usually is my client’s last opportunity to settle a dispute on terms agreeable to them before a judge or jury makes a decision that will impact their life or business in potentially unpredictable ways. That is a big deal. But so is the potential sale or going to the football game with your friends next Sunday.

One thing I always tell clients (and do when negotiating in my personal life) is to think about the person(s) you are negotiating with and the potential outcomes: your best case,  your worst case and what is an acceptable result (or range of results) to you. Know your audience because how you wrap the message is important.

I challenge you to try preparing for your next negotiation, whatever it is. And please let me know if you think your preparation helped or not (and if not, why).

If you want to talk about preparation for an important conversation or negotiation you plan to have, please feel free to call me (which is preparation too) because I may have a few ideas based on my experiences negotiating personally, professionally and as a mediator.

No Comments

We All Need To Try Something New

If you’re not successful, you’ve got to change something. Funny thing is that if you are successful it helps to change something. Trying something new is good for all of us. It could be regarding how you generate or create business. It could be how you organize your workspace. It could be stopping at the corner coffee shop in the morning and meeting your neighbors or other professionals and business owners.

Back to if you are not successful or are on a bad streak. The problem is you, but not in the way you think. Odds are it is not your work product. It is that you are stuck in routine and maybe with things that used to work. We are in a new world: post-recession, surrounded by technology twenty-four hours a day, sucked into interactions with or through machines that used to happen in person, or at least by phone. Change something.

One idea is to reconnect with people. I know people thirty and younger may be rolling their eyes, but life previously didn’t involve texting, Facebook and twitter. Make a list and call someone from that list each morning. All it takes is three to five minutes a day, but that personal touch means something. If not that, change something else, regularly.

Don’t let lack of success or success define you. Interact with people. For most of us, it is those people and their memory of you that will define us, not a witty tweet…

No Comments

Not All Customer Lists Are Trade Secrets

In a case decided this past April, the Arizona Court of Appeals found that whether a business’s customer list is a trade secret requires a factual inquiry. Calisi v. Unified Financial Services, LLC, Case No. 1 CA-CV-0812.  The court’s holding requires a two part inquiry to determine whether a customer list is, in fact, a trade secret.

First, a trial court must determine whether the customer list has been kept secret and there have been reasonable efforts to keep the customer list secret. If the facts show this to be the case, courts then must consider four factors to determine whether a customer list is a trade secret: (1) whether the customer list contains a selective accumulation of detailed, valuable information about customers; (2) whether substantial efforts were expended to identify and cultivate the customer base such that it would be difficult for a competitor to acquire or duplicate the same information; (3) whether the information in the customer list derives independent economic value from its secrecy and gives the business a demonstrable competitive advantage over others in the industry; and (4) whether the business divulged its customer list externally or internally. If a business cannot provide and present evidence to a court to support these four factors its customer list is not a trade secret.

The takeaway from this case is that  it is important to keep your customer list secret, and clearly never provide the list to people outside of your business, and to be able to clearly provide background on the list to support the four factors enunciated by the Court of Appeals.

As a side note, two of my partners represented the plaintiff and were successful on all issues in the appeal.

If you or anyone you know needs advice or assistance on either side of a customer list or trade secret case, please call me for assistance at (602) 248-1009 or email me at nhb@jaburgwilk.com.

1 Comment