1. Session: MANAGING THE BUSINESS CLIENT RELATIONSHIP NDOLA 2014
COMMERCIAL LAW TRAINING PROGRAMME: WHAT LAW SCHOOL DID NOT TEACH YOU Presented by LAZ in co-sponsorship with ISLP
Session: MANAGING THE BUSINESS CLIENT RELATIONSHIP
NDOLA 2014
Legal_1:

2. DISCLAIMER
Nothing contained in this presentation is to be considered as the rendering of legal advice for specific cases, and attendees are responsible for obtaining such advice from their own legal counsel. This presentation is for educational and informational purposes only. The views of the presenter should not be construed as the views of the International Senior Lawyers Project, the Law Society of South Africa, the Black Corporate and Commercial Attorneys Network or their respective law firms.

3. Primary Known Risk
Any factor, event, or occurrence that has the potential
to interfere with the desired outcome.
Known Risks

4. 5 Basic Principles The business lawyer:
Is to assist the client in identifying, quantifying and monetizing risk relative to the achievement of the clients objective(s).
Is to document the rights and duties of the client and the counterparties to the business transactions.
Has the right to charge and to be promptly paid for legal services rendered.
Is the steward and trustee of the rule of law and the commercial codes of his/her country, region and community.
At all times is to conduct himself/herself with high ethics and integrity in all business and personal matters and transactions.

5. Role of the Business Lawyer
Attorney
Advocate
Counselor

6. Business Lawyer’s Toolkit
Filing System
Standard Key Documents
Engagement letter
Disengagement Letter
Transaction Checklist
Invoices
Legal Opinions
Separate Funds Account
Checklists
Due Diligence
Applicable Law
Trade Resources
Professionals
Tax Lawyers
Accountants
Environmental
Privacy
Divorce
Criminal

7. Who is the Client?

8. International Senior Lawyers Project
11/9/2018
Who is the Client ?
Auto Aftercare ?
The Newly Created Zambian Joint Venture or Zambian Company ?
The Board of Directors of Auto After Care ?
The Shareholders of Auto After Care?
The General Counsel of Auto After Care?
Who Else ?
The business lawyer must construct a framework within which must problems are analyzed. The two bookends on the framework are Risk and Results.

9. Know Your Client’s Interests
International Senior Lawyers Project
11/9/2018
Know Your Client’s Interests
Appetite for Risk
Knowledge of Business
Experience Level
Expectations
Engagement Scope
360 View of Transaction
Upstream
Downstream
Veridical

10. Other Possible Stakeholders
Directors
Shareholders
Officers
Taxing
Lawyers
Government
Newco
Employees/
Unions
Environmental
Groups
Auditors
Distributors
Licensees

11. Know the Environment
Industry Standards International Transaction Governing Law Tax Considerations Reputational Considerations

12. Engagement Letters and On Boarding New Clients

13. Know Your Clients Confirm Identity of the Client
Engagement Subject to Applicable Anti-Money Laundering Laws
Know Your Customer Information Required Before Engagement is Accepted
Registered Name and Registration Information
Copies of Corporate Governance Instruments
Income Tax Registration Information
Identity of Owners, Executive Officers and Authorized Signers

14. Engagement Letter and On Boarding New Clients
Establish Means of Communication
v Telephonic Communication
Social Media or Other Means of Communication
Confidentiality and Trade Secrets

15. Engagement Letter and On Boarding New Clients
Manner of Fee Charges
Hourly
Alternative Rate Structure
When Fees due and payable
Expenses and Out of Pocket Charges
What is not included in Fees
How expenses are calculated and documented
Understanding of What Happens if Fees and Expenses are not paid as agreed

16. Engagement Letter and On Boarding New Clients
Client Cooperation
Availability and prompt responses
Ownership of Files and Information
What belongs to the Client and What Belongs to the Law Firm
Right to Use the Clients name and trademarks in law firm marketing (subject to LAZ rules and regulations)

17. Engagement Letter and On Boarding New Clients
Limitation of Liability
Who is liable?
Within what time frame?
Subject to what limits?

18. Engagement Letter and On Boarding New Clients
General Terms and Conditions of Law Practice Applies
Frequently posted on the law firm website but incorporated by reference into the engagement letter.

19. CLIENT DISENGAGEMENT
Formal end of matter or engagement (aka “Kiss Off” Letter)
Good Procedure to make sure
Fees have been paid
Files have been organized
Key Dates have been added to Docket or Calendar
Lawyer has been relieved of duty to inform client of these dates, changes in applicable law or other developments
But, these are great marketing tools to contact the client for a new engagement to perform services

20. RECAP
Business Deals Are all about the risk in the transaction to the client and the willingness of the client to accept risk that can not be allocated, limited or transferred to another party.
Risks mean nothing if not objectified. The most common vehicle for objectifying risk is money.
Allocating or shifting risk means little if your client can not collect from the counterparty who agrees to bear the risk.
The Business Lawyer is the client’s front line defense but is not the client’s business partner.

21. THANK YOU