Get a Lawyer

Whenever we talk about an issue in this blog that sounds like it might have legal implications, you will notice we always remind you that we are not lawyers, that this is not intended to be legal advice, and that you should consult an attorney for more details or to ask further questions. There is a reason for this: lawyers are a good thing.

You can tell all the lawyer jokes you want, but when reality sets in and you are facing a problem, you will be calling someone to get you out of the problem. Save yourself a lot of hassle — and some money too — by dealing with potential problems BEFORE they turn into actual problems. Also, to make things go easier when a problem does arise, try to have your legal help figured out in advance so you are not searching the web for a lawyer when your stress level is at an all-time high.

Leaders need to be aware of the laws governing the workplace…and there are a lot of them. Right-to-work, anti-discrimination, sexual harassment, drug testing, workers compensation, and many other issues all have a basis in the law, and they are different in different countries. You should be aware of these, but you will never be an expert…and you don’t need to be. That is why we have lawyers, to navigate these laws and help us stay within the lines.

Knowledge work has some unique legal issues. Intellectual property is a biggie. Who owns what when something new is created on company time? If you say “the company,” the answer is “it depends.” What does the employee contract say, what does the law say, has anyone registered a patent or a trademark? Many creative firms use free agents, which means lots and lots of contracts, and if you are not a lawyer you probably never took a class in contracts, so why not get advice from someone who was required to?

If you are in a large company, you probably have a legal department. Get to know these people, especially the ones dealing with issues you often have to address. Try to have the kind of relationship where you can just call them with a question and avoid a problem before it occurs. If you are in a smaller firm, or working on your own with some free agent help, find yourself a lawyer who works on issues common to small businesses and startups, and keep that number handy. You don’t necessarily need to keep them on retainer — that can be very expensive — but at least know them in advance so you don’t have any questions about their abilities when you need to call them to fix something. Your government may also offer legal assistance for small businesses, so look into that before spending a lot of money.

You can look at lawyers one of two ways: as the people who tell you what you CANNOT do, or as the people who tell you what you CAN. You have to operate your business within certain rules, many of which exist for your protection. Get an expert to help you figure out the boundaries those rules create so you can focus on finding the best answers to your business issues within the set of acceptable alternatives.