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WHAT LAWYERS CAN DO FOR THEIR CLIENTS
This is a brief summary of some of the services that lawyers can provide for their clients. (2 pages) There are a number of ways in which attorneys providing legal services in computer software, entertainment, internet, copyright, and trademark areas can help their clients. The services provided will vary from client to client depending on their needs. Services may include: (1) Advice
regarding deal points. Many times, because of the number of deals attorneys
focusing in an area will have worked on, they will have a better feel
for what is customary in a particular industry than do their clients and
can provide advice in that regard. (2) Representation and negotiation. Skilled negotiation can make a difference especially if there are skilled negotiators on both sides. Skilled negotiators are more likely to reach creative solutions that are beneficial to both sides. (3) Legal
advice. Laws in these areas are complicated and many times are counter-intuitive.
Knowledge of applicable law is frequently important and in some cases
of overwhelming importance to business decisions and to decisions relating
to agreements. (4) Writing
agreements. Agreements should be written clearly, tightly, and so that
judges and/or arbitrators outside the industry will understand them, hopefully
on the first or second reading. (5) Creating
structure. Much business today involves intellectual property; in effect
"virtual assets." The structure of the company, the talent of
its employees, its trademarks, computer software, scripts, trade secrets,
and similar items are all the company has. In fact these are generally
the most valuable companies today. Attorneys that are experienced with
these kinds of business can help these companies start off with a good
foundation, hire and keep valuable employees and protect the rights they
need to protect in order to increase the value of the company. (7) Lawsuits and trials. Trial and litigation experience is always essential in determining when a lawsuit is necessary, in determining strategy, and handling the litigation and trial itself. Because lawsuits are extremely expensive and time consuming, lawyers should always make a concerted effort to avoid litigation, but sometimes, because of the nature of the situation or because of the bad faith of another party, litigation cannot be avoided.
© 1997, Rob Hassett, Atlanta, Georgia. All Right Reserved
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