What to do when it hits the fan

3. What to do when it hits the fan AGENDA • When should you get a lawyer? • How should you get a lawyer? • What should you expect in litigation? • How can you reduce your legal fees? • How can you reduce your liability?

4. What to do when it hits the fan “Lawyers are like nuclear warheads. They have theirs, so I have mine. Once you use them, they @#$% up everything.” Lawrence Garfield – Other People’s Money

5. What to do when it hits the fan When should you get a lawyer

6. When should you get a lawyer? YOU

7. When should you get a lawyer? ME

8. When should you get a lawyer? • When the other side has one • When you’re sued • When you’re threatening a lawsuit • When you’re worried about getting sued • When you want to prevent getting sued • Sued or investigated or fined

9. What to do when it hits the fan How should you get a lawyer?

10. How should you find a lawyer? • Finding one • Negotiating with one • Investigating one

11. How should you find a lawyer? Finding one - Realities of the Legal Marketplace • Big firms bill more per hour than small firms. • Specialized lawyers bill more than general practitioners. • Downtown firms are more expensive than suburban firms. • Litigation is unpredictable and expensive. • There are tons of lawyers out there. • You have more power than you think you do.

12. How should you get a lawyer? Finding one • Get references • Ask around • Shop around • Use an RFP • Don’t rely exclusively on online ratings and websites • Call the bar association • Do not Google

13. How should you get a lawyer? Negotiating with one Fees - caps, flat fees, contingencies; get budgets; holdbacks; always counteroffer

14. How should you get a lawyer? Negotiating With One The engagement letter

15. How should you get a lawyer? Negotiating With One Outside counsel guidelines

16. How should you get a lawyer? Negotiating With One A note about leverage

17. How should you get a lawyer? Investigating one • Ohio Supreme Court • Do Google • References • Don’t trust law firm websites

18. Random picture of Maya when she first learned to roll over 2 years ago.

19. What to do when it hits the fan What should you expect in litigation?

20. What should you expect in litigation? Buckle up

21. What should you expect in litigation? How much should you expect to pay?

22. What to do when it hits the fan How can you reduce your legal fees?

23. How can you reduce your legal fees? • Before litigation • At engagement • During litigation

24. How can you reduce your legal fees? Before litigation Be organized Do some of the work yourself

25. How can you reduce your legal fees? Before litigation Filing an insurance claim

26. How can you reduce your legal fees? Before litigation Become a hard target – use good contracts (atty fees; mediation and arbitration); get a compliance audit

27. How can you reduce your legal fees? During litigation Review bills closely; ensure they match the guidelines and budgets; track performance

28. Another random picture of Maya wearing my Army hat.

29. What to do when it hits the fan How can you reduce your liability?

30. How can you reduce your liability Negotiation (study it, learn it, practice it)

31. How can you reduce your liability Be proactive (contracts, dispute resolution clauses, audits)

32. How can you reduce your liability? The Litigation Hold

33. How can you reduce your liability? Be transparent with your attorney; maintain confidentiality

34. What to do when it hits the fan. Recap • When should you get a lawyer? • How should you get a lawyer? • What should you expect in litigation? • How can you reduce your legal fees? • How can you reduce your liability?

35. My wife and daughter on the Simpsons couch

36. What to do when it hits the fan. Any questions?