Archive for the ‘ Secrets ’ Category

13 CRUCIAL POINTS TO CONSIDER BEFORE YOU HIRE LEGAL COUNSEL

By Fred Reilly, American Attorney and English Solicitor

Hiring an attorney is a very important decision. You may have heard all the horror stories about hiring an attorney, but it doesn’t mean that you’re destined to become one. Before you retain legal counsel, consider the following points.

  1. Objective Advice. Will the attorney provide sound, objective advice? In order to render valuable, results-oriented advice, an attorney must first listen to the client, understand their goals and craft strategies that will result in the client’s success. How can an attorney (or anyone for that matter) provide a viable solution to your problem unless they first understand it?
  2. Experience. Does the attorney possess the necessary experience and judgment to be effective in addressing your legal problem? Or does the attorney lack the knowledge, skills and seasoning necessary to handle your legal problem in an effective manner? Experience is invaluable when negotiating the terms of complex transactions, drafting precise legal documents and fashioning strategies for resolving acrimonious disputes.
  3. Credentials. What are the attorney’s credentials? Has the attorney been trained to address the legal issues, negotiation strategies and unexpected complications that will arise? For example, not all American attorneys possess the educational background or professional qualifications necessary to advise clients on international business transactions or disputes. I received my Masters degree in International Business Law from the London School of Economics and Political Science. To better serve my international clients, I became a member of The Law Society. As an English Solicitor, I am very familiar with the legal issues that arise in international business law transactions and disputes.
  4. Independent Advice. One of the foundations of an attorney-client relationship is the ethical obligation to provide clients with independent advice. Is the attorney committed to providing you with independent advice? Are there any potential conflicts of interest that may complicate the attorney’s ability to advise you in an independent manner?
  5. Integrity. Is the attorney committed to representing the client in an ethical manner? Will the attorney treat the client and others with dignity and respect?
  6. Work. Who will actually do the work on your case? Does the attorney himself – or a qualified associate – perform the legal services? Or does a partner bring in the client, then delegate the actual work to a junior associate and bill you at the partner’s higher hourly fee?
  7. Access. How available is the attorney when you need to contact him? Can the attorney be reached by telephone, fax and email? Since I work with international clients, I use the leading low-cost internet-based technology (www.skype.com) to communicate with clients instead of expensive conventional international telecommunications (which are typically billed to the client). In addition, I use an email-enabled Blackberry to maintain accessibility.
  8. Enthusiasm. Is the attorney enthusiastic about providing legal services to solve your problem or does your case represent just another paycheck?
  9. Attention. Is the attorney so busy working on a multitude of cases that he’s simply unable to provide individuals with the personal service and care they deserve? Or does the attorney limit his services to a few select clients who receive the best service that he can offer?
  10. Technologically Savvy. Does the attorney have the technical capability to conduct business in the Internet Age?
  11. Efficiency. One of the maxims of the law is “Justice delayed is justice denied.” Inefficiency inevitably results in increased legal fees and expenses. Is the attorney committed to handling the client’s legal problem or dispute in an efficient manner that is mindful of the client’s expenditures of time, effort and money?
  12. Fees and Expenses. Will the attorney charge the client fees and expenses in a straight-forward, fair manner? We’ve all heard horror stories about runaway attorney fees. Suffice it to say that I do not believe in charging clients for every paper clip.
  13. Results-oriented. I have been a practicing attorney for more than 20 years. I’ve always viewed my role as attorney in the same light – maximize the client’s opportunities while seeking to minimize the client’s risks. I do not believe in complicating a client’s legal problem or dispute in order to charge additional legal fees. When I accept a client’s case, my objective is to help the client solve their problem. Period.

ABOUT THE AUTHOR

Fred Reilly’s law practice includes advising clients on international business transactions, corporations, contractual issues, real estate transactions, civil litigation and administrative proceedings.

Fred has been an attorney for more than 20 years. He is licensed to practice law in California, District of Columbia, Florida and as an English Solicitor. He has been admitted to practice before the United States Supreme Court and the United States Court of International Trade. Fred graduated from the London School of Economics and Political Science (LL.M. in International Business Law), Cumberland School of Law at Samford University (J.D. and Associate Editor of The Cumberland Law Review) and Purdue University (B.S. in Management). Fred spends time each month in Los Angeles and Central Florida. He is a member of The Beverly Hills Bar Association.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

9 FUNDAMENTAL DEAL POINTS THAT COULD ULTIMATELY DERAIL YOUR TRANSACTION

9 FUNDAMENTAL DEAL POINTS THAT COULD ULTIMATELY DERAIL YOUR TRANSACTION

By Fred Reilly, American Attorney and English Solicitor

In every negotiation, there are fundamental deal points that must be addressed in order for the parties to have a clear understanding of the rights and obligations inherent in their transaction. Clarity is exceptionally important when drafting and later implementing contractual provisions. The purpose of this article is to highlight nine deal points that could derail your transaction unless handled properly.

Deal Point No. 1 – Defining the parties. I’m sure you’re thinking that defining the parties is a no-brainer, but this deal point is mishandled more often than you’d expect. Are you contracting with a sole proprietor, corporation, partnership, limited partnership, limited liability company or professional association? Who has the legal authority to bind the entity? The answer to these two questions will have a significant impact on how you will be able to enforce your agreement. Confirm the exact legal name of an entity by searching the website of the governmental department where the entity is incorporated or organized. For example, I frequently check the name and status of an entity by checking the websites for the Florida Department of State – Division of Corporation (www.sunbiz.org) or the California Secretary of State – Department of Corporations (www.corp.ca.gov).

Deal Point No. 2 – Financial terms. All parties want a clear understanding when it comes to financial terms. This is one deal point that can consistently derail a transaction. Ambiguity can result in disaster. Be specific. Whenever you refers to a dollar amount in a contract, do so both and numerically. For example, instead of writing “$100″ in an international contract, I typically write “One Hundred U.S. Dollars (US$ 100.00).” When you negotiate and draft the financial terms in a contract, always consider the possibility of alternative interpretations. I recommend that you be downright cynical in your evaluation of these terms because creative (and desperate) people will always look for an angle to delay or avoid their financial obligations if you give them any wiggle room.

Deal Point No. 3 – Triggers. There are terms in every contract that spell out what action must first take place in order for a subsequent obligation to arise. For example, upon delivery, the buyer is obligated to pay for the product. Make certain that these conditions precedent are clear and consistent. Eliminate wiggle room whenever possible. If the conditions are vague or inconsistent, you leave a crack in the door that can easily be exploited when it later becomes expedient to do so.

Deal Point No. 4 – Flexibility. If the terms of a deal are too rigid, you can reasonably expect problems when the parties are required to perform their obligations. Recognize – better yet anticipate that circumstances will change after the deal has been struck. When a breach of the contract occurs, I recommend that you make a business decision that focuses on the degree or severity of the breach. I typically advise clients to make a distinction between a material breach and a technical breach of the contract. A material breach requires that you take appropriate action to correct the problem. With a technical breach, your best solution may be to waive any objection and simply move on. It’s a question of degree and making a sound business decision.

Deal Point No. 5 – Timing. One of the most fundamental deal points of any transaction is the timing of the sequence of events that are embodied in the terms, rights and obligations of the agreement. Whenever possible, remove ambiguities as to when an obligation must be performed. Drafting these contractual provisions is a two-step function. Clearly define the obligation and give it a deadline. If you don’t, you’re vulnerable.

Deal Point No. 6 – What constitutes a breach? There should be a bright line between acceptable performance and failure of performance. In commercial transactions, both parties need certainty. Pay special attention to the contractual provisions that define actions that constitute violations of the agreement. When I draft a contract, I typically itemize each of these events as a separate and distinct item.

Deal Point No. 7 – Dispute resolution. When you enter negotiations, acknowledge the reality that the relationship or transaction may deteriorate to the point when the parties experience irreconcilable differences. You should address the preferential method for resolving a dispute at the negotiation stage. Failure to do so may leave you at the mercy of someone who has both a dispute and the resolve to put you through an extended ordeal. Mediation, arbitration and litigation all have their own unique advantages and disadvantages.

Deal Point No. 8 – Security and guarantee obligations. Enforcing a contract is often a matter of leverage. By including security and guarantee obligations in a contact, you can create substantial leverage points that could later prove to be invaluable. If the time ever comes for you to take legal action to protect your rights, you’ll want to have numerous ways to enforce your rights and recover damages for the other party’s violation of the agreement.

Deal Point No. 9 – Drafting the contract. This is a personal preference deal point, but I strongly recommend that you take the initiative when it comes to preparing the written contract to document your transaction. You are always in a stronger negotiating position when you set and control the agenda. This also forces the other party to respond to the points that you’ve presented. Whenever possible, I recommend that you avoid situations that give the other party control or an upper hand in the bargaining process.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

AMERICAN LEGAL PROBLEMS: 5 STEPS THAT COULD SAVE YOU A FORTUNE

AMERICAN LEGAL PROBLEMS: 5 STEPS THAT COULD SAVE YOU A FORTUNE

By Fred Reilly, American Attorney and English Solicitor

To many Europeans, the United States represents the land of opportunity – a vibrant place to live, work and profit. Some call it “Paradise.” But when a legal problem strikes across the pond, Paradise becomes the land of many sleepless nights. Anger, confusion and panic are just a few of the emotions experienced by an expat who suddenly learns that they must contend with an American legal problem. After the initial shock wears off, an expat with a legal problem in a foreign land often concludes: “I  don’t even know where to begin!”

Just because you’ve heard the horror stories doesn’t mean that you’re destined to become one. Begin by taking control. This article highlights five specific steps that you can take to get a grip on your American legal problem. Following these steps will make it far easier to resolve the problem and could save you a fortune in legal fees and expenses.

A. Where Do You Stand? When a legal problem strikes, people are often caught flat-footed. It’s difficult to seek solutions when the problem is shrouded by uncertainties. The first step to resolving your legal problem is to eliminate as many uncertainties as possible. Once you determine where you stand, its far easier to choose the correct path for solving the problem. Start with the basics of any legal problem – who, what, where, when and how. It may seem obvious, but it is extremely difficult for anyone to begin a meaningful analysis of a legal problem unless these basic facts are readily available.

Real estate disputes (i.e., mortgage foreclosures, homeowners association violations, disputes with a property management company, etc.) are common and provide a good example of how to approach an American legal problem. Suppose that you’re back home in Europe and a neighbor in Florida calls to say that she’s heard a rumour that a foreclosure action has been filed against your Orlando vacation home. How can you compile the basic information related to your foreclosure case? Start with the Internet. Conduct an online search of civil court records to determine the status of the foreclosure case. For example, the Orange County Clerk of the Court maintains a site ( which allows visitors to search civil court records by name and case number. Unless you know the status of your case, it is extremely easy to miss crucial deadlines or make procedural mistakes which could completely compromise both your rights and ability to defend a lawsuit.

What if you were concerned that a lien or some other encumbrance had been filed against your property? Conduct a search of official records online at the same County Clerk of the Court web site.

Maybe you forgot to pay your property taxes last year. Conduct a search of the Property Appraiser’s online site for the county where your real estate is located. For example, the Orange County Property Appraiser’s site ( allows visitors to search by parcel identification number, owner’s name, address, property name, Plat Book and Page, subdivision name, condo/timeshare name and other criteria.

Bear in mind that online resources have limitations, namely the records are not always 110% accurate, must be updated constantly and are subject to errors or omissions. Despite these limitations, online resources can provide immediate and invaluable information, especially if you happen to be four thousand miles and five time zones away from the legal problem.

B. Get Qualified Assistance. When an American legal problem arises, immediately consider the benefits of obtaining competent, qualified assistance. Depending upon the specific facts and nature of your legal problem, it may be necessary to hire an attorney. Let’s face it, America has a reputation as a litigious society. But not all legal issues justify the expense of hiring an attorney. Some minor legal problems may be easily resolved without the assistance of an attorney. Other seemingly simple legal problems can spin out of control and intensify rapidly. Unfortunately for a layman, it’s often difficult to know the difference between the two.

A telephone consultation with an attorney possessing the background and qualifications necessary to discuss your problem and point you in the right direction could be the best, most cost-effective call you ever made. You immediately place yourself in the position to make an informed decision and dramatically increase the likelihood of obtaining a favorable resolution. Rather than making an open-ended commitment to pay the attorney’s hourly fee, you simply pay a flat fee for the consultation. Later if you determine that the problem cannot be resolved without the assistance of legal counsel, you’ll at least be in a position to call an attorney who is already familiar with your situation.

If the problem dictates that you retain an attorney, make certain that you find one who is professional, ethical and dedicated to resolving your problem in a cost-effective manner. At first glance, this may appear to be an inconsistent recommendation. Put aside the negative stereotype that every attorney’s sole interest is making money at their client’s expense. The vast majority of attorneys are ethical professionals who put their client’s best interests ahead of their own. During an initial consultation, ask probing questions that will reveal whether the attorney is truly interested in helping you solve your problem or is focused on prolonging the problem and making it worse to justify additional billable hours.

Find an attorney who makes it easy to communicate. An attorney who caters to foreign clients will already possess the technology to exchange documents as scanned, plain text or Microsoft Word files. The tech savvy attorney will also utilize emerging technology such as Skype ( to make and receive inexpensive international telephone calls via their computer.

In an ideal world, get legal assistance before you desperately need it. For example, if you will be traveling to America on an inspection flight to consider a vacation home, contact an attorney before you ever depart for the States. Let’s face it, you’ll likely be dealing with sophisticated, commission-oriented salespeople who are highly motivated to get your binding commitment. Doesn’t it make sense to get briefed on potential legal pitfalls before you’re forced into a high-pressure situation?

C. Prepare Your Case. Before you contact an attorney, organize all relevant documents and write a chronology of events. This simple step can result in substantial savings of time, effort and money. It may sound cliche, but the devil really is in the details. Many clients gloss over this important step because they desperately want to discuss their case with someone – the sooner the better. Although a seasoned attorney can make an initial evaluation of your case without reviewing documents or a chronology, it is far easier to make specific recommendations and provide concrete advice when documentation is readily available for evaluation.

The chronology doesn’t have to be extensive, but a concise explanation of the key events will prove very insightful to the attorney evaluating your case. Whenever possible, strive for clarity so important points do not get lost in translation. The speed and convenience of the Internet have made email the preferred method of international communication. Be sure to include your chronology in the body of an email rather than attached it to the email as a file (which may be difficult to open).

Once you’ve organized your documentation, be prepared to send the documents as a scanned attachment to an email or a fax. If voluminous documents will be involved, it may be preferable to send an express mail package.

Here’s an important issue that may save you from a very awkward situation. When the legal problem arises, make a list of the full names and addresses of all parties involved so the attorney can immediately conduct an internal conflict of interest search. An ethical attorney must ensure that no conflict exists prior to discussing your legal problem and strategies for resolving it.

D. Issues To Raise During Your Initial Consultation. The initial consultation with an attorney is crucial to resolving your legal problem. It is important that both the client and the attorney understand each other and build the foundation for a solid working relationship. Raising the following six issues will help get the relationship started on the right track.

  1. What is your desired outcome? If you’ve provided the attorney with relevant documents and a chronology of events, you’ll be in a position to discuss this issue which is the crux of your case – how to resolve the problem. Be prepared to explain your rationale for seeking a specific resolution. This information will be crucial to your attorney who wants to both win the case and satisfy their client.
  2. What will be the fees and expenses associated with the attorney’s efforts to obtain the desired outcome? Attorneys respect clients who addresses the issue of fees and expenses. But bear in mind, you wouldn’t dare walk into a doctor’s office, declare that you’re sick and ask how much it will cost to cure you. You can’t expect to tell an attorney that you’ve got a legal problem and then ask how much it will cost to resolve the problem.
  3. What are your budget limitations? Granted, everyone wants to minimize their attorney fees and out-of-pocket expenses. Based on the scope of the legal problem and the desired outcome, discuss any relevant budget constraints. Addressing this issue will spare both the client and attorney from an unpleasant surprise in the future.
  4. Which attorney at a law firm will actually be handling your case? If more than one attorney will be handling your case, be certain to discuss the chain of command, communication protocols and how decisions will be reached.
  5. What can the client do to reduce the total attorney fee? There are certain tasks that the client can handle instead of burning the attorney’s time. For example, most attorneys would be eternally grateful if the client in a homeowners association dispute offered to obtain the relevant documentation such as the association’s Articles of Incorporation, Bylaws, covenants and deed restrictions.
  6. Is the fee negotiable? Wow! What a novel concept. Attorneys are also business people. Under certain circumstances, they may be willing to negotiate a flat fee instead of an hourly fee or the amount of the retainer. You’ll never know unless you ask.

E. Control Costs. One of the biggest fears associated with legal problems is that legal fees and expenses will become excessive. No one wants to get gouged. Although attorneys have professional and ethical obligations to act in the best interests of their client, some unscrupulous attorneys disregard or play the angles when it comes to this obligation. There are a variety of ways that unscrupulous attorneys gouge clients. Ignore these at your peril. Some of the most common methods are:

  1. Exploit the inherent difference in bargaining power when the client is from a foreign country, unfamiliar with the applicable laws and desperate to resolve the legal problem at any cost.
  2. Exaggerate the time necessary to accomplish certain tasks and otherwise pads the bill.
  3. Prey on the client’s insecurities and lack of knowledge about the legal system in the United States.
  4. Convince the client that it is absolutely necessary to contest every point.
  5. Make the legal problem as acrimonious as possible, thus ensuring that most basic issues are hotly contested.

What constitutes an appropriate or fair attorney fee is ultimately an individual decision. As the client, you have the ability to seek legal services from a variety of attorneys practicing in a particular marketplace. But bear in mind that an attorney is a businessperson and is generally not obligated to accept you or anyone else as a client unless they can earn a fair profit from the representation.

Some clients make the (incorrect or misguided) assumption that the attorney who charges a hefty fee must be worth it. Occasionally, they’re chagrined to learn that they paid through the nose for some incredibly average services. Most of the time, they’re oblivious to the reality that they got gouged. So how do you determine when you’re receiving value for your money?

  1. Focus on effectiveness.
  2. Consider the attorney’s reputation among clients and the legal community.
  3. Shop around.

F. A Final Word. Most legal problems only get worse (and more costly to solve) due to inattention. Don’t be an ostrich and hide your head in the sand. Take action to resolve your legal problems in the most cost-effective and expeditious manner. The steps outlined above will give you a great start.

Some of the best advice ever dispensed is anticipate problems and be prepared to take preemptive action. If you do so on a consistent basis, many potential legal problems will never materialize “across the pond.”

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.

13 SECRETS FOR PRESENTING YOUR CASE TO A GOVERNMENT TRIBUNAL, BOARD OR LEGISLATIVE BODY

By Fred Reilly, American Attorney and English Solicitor

During my career, I’ve served as an administrative hearing officer, legal counsel to municipal boards, municipal attorney and counsel to clients appearing before government tribunals, boards and legislative bodies. This article chronicles some of my presentation strategies honed over the past twenty years.

  1. Understand the decision-making process. For most inexperienced people who appear before a tribunal, board or legislative body, the decision-making process is a blur. Before they know what just happened, their case has been decided and the next case is called. Your objective in presenting your case is either to present a viable solution to a problem or request specific relief. To be effective, you must understand how the tribunal, board or legislative body will make the decision in your case. Who makes the decisions? What is the decision-making process? How have similar cases been handled in the past? Is your case new, novel or controversial?
  2. Dress in an appropriate manner. Respect the authority and decorum of the proceeding by dressing in an appropriate manner. If you mean business, dress like you mean business. I recommend that you avoid flashy, loud or controversial clothing – anything that could conceivably detract from the important message that you want to deliver.
  3. Deliver a comprehensive presentation. Create a presentation that will inform the decision-maker(s), apply the applicable standards to the facts of your case and will logically lead to the compelling resolution you desire. Rather than discuss the advantages and disadvantages of handouts, visual aids, expert witnesses, advocacy, etc., let me simply recommend that you strive for clarity. I like to say that “I have a simple story to tell” and then tell it.
  4. Present a written document? It is far beyond the scope of this article to address the format or content of a written document to be presented to the decision-maker(s). I will make two points. First, ensure that any document is consistent with your presentation strategy. People always have a knack for identifying inconsistencies and exploiting them. Second, be careful about how you distribute a written document to a tribunal, board or legislative body. Avoid giving your adversary any advantage by releasing the document too soon. Don’t allow the decision-maker(s) to lose focus on your presentation because they’re busy trying to read the document.
  5. Have complete command of the standards. In making its decision, the tribunal, board or legislative body must apply a set a standards to the merits of the case. These standards are the laws or regulations applicable to your case. I highly recommend that you obtain a copy of the standards and fully understand how they will be applied. An advocate who doesn’t understand the applicable laws or regulations in his case is at the mercy of his adversary who likely deals with these same standards on a daily basis.
  6. Follow the procedure. Every tribunal, board and legislative body has a set of procedural rules that govern how a case should be presented. The procedural rules are in place to ensure orderly proceedings, due process of law and just decisions. The rules can very from informal (administrative board) to very formal (judicial proceeding). Obtain a copy of the procedural rules before you begin to formulate your presentation. In addition, if you’ve never witnessed a case being presented, I highly recommend that you observe the presentation of several cases long before you ever present your own. Do not rely on Boston Legal, The Judge Judy Show or the televised Anna Nicole Smith proceedings for any pointers on how to present your case. Following these examples is one of the fastest ways to ensure that your case will be rejected.
  7. Be diplomatic. There are times when you must play hardball, but not all the time. I recommend that you be diplomatic whenever possible. If you always adopt a “take no prisoners” attitude, you run the distinct risk of alienating the decision-maker(s).
  8. Address the merits of your case and avoid personality issues. The body of your presentation should focus on the merits of your case. I purposely refrain from injecting personalities into the process in most circumstances. Instead of indicting individuals involved with the problem or the decision-maker(s), pay attention to how the standards apply to the facts of your case.
  9. Present evidence for your position. I realize that this point is obvious, but I’ve personally witnessed many advocates who failed present any tangible evidence that supported their position. Usually, they didn’t understand either the applicable standards or the procedure. There’s an old adage among litigators – “you’ve got to give the judge something to hang his hat on.”
  10. Acknowledge your weaknesses. The fastest way to undermine your own credibility is to assert that your position is 1,000 percent correct and your adversary is 1,000 incorrect. Inexperienced advocates constantly attempt this ruse. It never works because any seasoned decision-maker has seen this maneuver countless times. The decision-maker recognizes that each party’s case will likely have both pros and cons. If you fail to acknowledge your weaknesses, you empower your adversary to point them out with impunity and imply (or claim) that you have not been honest with the decision-maker. Rather than allowing yourself to be in this precarious position, I highly recommend that you acknowledge the weaknesses of your case and provide a rationale explanation for each. At the least, you remove your adversary’s ability to assert dishonesty.
  11. Anticipate gray areas. Unless you’ve missed an obvious or fundamental point, there’s little shame is admitting that you don’t have all the answers. Gray areas exist. Anticipate them whenever possible and formulate an appropriate response in advance.
  12. Don’t go on tangents. The decision-making process is always challenging. Do not make it more difficult by embarking on a tangent that distracts the decision-maker(s) from the merits of your case and the resolution that you seek. Similarly, don’t allow your adversary or anyone else to highjack the debate or cloud the relevant issues in your case. Successful advocacy requires focus and discipline.
  13. Present a viable solution or request specific relief. It is shocking how often people completely bungle this point. Most people don’t know how to ask, so they effectively defer to the judgment (or mercy) of the decision-maker to make the decision. If your presentation is well structured, the merits of your case will lead to a logical outcome. At the strategic phase of this process, determine your desired outcome and then work backwards to build logical steps for achieving it. Strive for logic and consistency. If you’re presenting a solution to a problem, make it rationale – explain why your solution addresses the most important issues relevant to the problem. If you are seeking relief (i.e., reduction of an administrative fine), request specific relief such as asking the tribunal to “reduce the lien from $_____ to $____ provided that you pay the fine within ___ days.” Above all, this is the time to advocate in a compelling manner.
  14. Ask your questions. Always offer the opportunity to clarify any points that may help the decision-maker(s) reach a sound conclusion.

DISCLAIMER: This article and its content are intended to provide general information on legal topics and shall not serve as a solicitation for services in any jurisdiction where prohibited by law. This article is not, nor is it intended to be used as a substitute for legal advice. You should consult an attorney for individual advice concerning your own situation. Sending an email to the owner of this website, and receiving any response thereto, does not, in and of itself, create an attorney-client relationship.

© Copyright 2007 by Fred Reilly. All rights reserved.