More Over-lawyering

October 29th, 2008 by Josh King, VP of Business Development and General Counsel

Several weeks ago, I posted about the excesses of copyright attorneys. Now, Tim Ferris (author of the terrific best-seller, “The 4-Hour Workweek“) has a post with an even more outrageous example of overlawyering – a letter he received from a Massachusetts lawyer demanding that Tim omit a reference to the lawyer’s client (a sales call center) from his book. Why? Because the company was enduring “unnecessary work” in weeding out all of the unqualified potential customers being sent their way thanks to the book.

Rather than politely asking that the reference be deleted – or, far better yet, asking that it be corrected to encourage only qualified leads to call in – the company immediately resorted to the legal blunderbuss. How incredibly shortsighted.

Lawyers can tell you what your legal rights are, and they can write nasty letters on your behalf. However, they can – and should – also provide counsel on whether taking such a heavy-handed approach is really the right strategy. Something to consider when choosing a lawyer for your business: Will this lawyer be a partner, counseling you on the implications of different legal strategies, or will they simply be an order-taker?

One Response to “More Over-lawyering”

  1. Keith Hasson Says:

    I could not agree more. Lawyers who fail to take the time to understand their client’s needs and to manage the client’s expectations by giving carefully considered strategic advice do the profession and the client a profound disservice. Clients should insist on a lawyer who takes the time to understand their issues and who gives good advice about which fights to push, and which ones they are better off walking away from.

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