Factors to Consider When Hiring a Business Lawyer in New York or New Jersey

One of the unique benefits of being a "business" lawyer (compared to, say, a negligence or matrimonial lawyer) is that that I am afforded the advantage of observing and learning from my clients.  That is, in the process of representing and defending the business interests of my clients, I get to observe (and learn from) the successful work ethic and business principals employed by my clients each and every day.  One critical factor reinforced by each and every one of my clients is that a successful business must be focused on delivering "client/customer value".  

Applying this critical business principal to legal services, it is clear that the delivery of "valuable" legal services requires the constant delivery of timely and cost effective services that can only be delivered by a specialized lawyer.  In a post titled "Measuring Client Value" on my franchise law blog, I discuss the critical factors that should be evaluated in assessing and delivering legal services.  As discussed in my post, "client value" requires the balancing of the following four factors;

"Client Value" as a matter of fundamental business principals, can only be achieved by evaluating the interaction and balance between (a) the legal fees charges, (b) the timeliness of the legal services rendered, (c) the quality of the legal services rendered, and (d) the priority of the legal project as measured by the significance of the client's business systems and/or goals that are supported or protected by the underlying legal services."

For more information about my perspective on "client value" and factors that business owners and advisors should consider when hiring a New York or New Jersey business lawyer, I recommend that you read "Measuring Client Value" for a more in depth analysis.

Be Aware of Forum Selection Clauses in Vendor Agreements

When dealing with high cost technology software and equipment expenditures and investments, many business owners sign what appears to be a standard "purchase order" form or invoice without giving thought to the "small print legal terms" included in the agreement.  One such "small print" legal term that is commonly overlooked is a "forum selection clause".

Forum selection clauses basically define and restrict what states a party may or may not commence a lawsuit.  In technology and equipment contracts many vendors include a forum selection clause that favors the vendors' home state.  That is, if your vendor's home state is in California, a forum selection clause contained in your purchase order form may restrict your ability to sue that vendor only in the state of California.  So, even if you are a New York corporation and the equipment and services are delivered to you in New York, if you need to sue that vendor, you may be required to commence the lawsuit in California. 

Recommendation: have legal counsel review all "large ticket" purchase order forms.  If you choose not to have corporate counsel review these agreements then, at a minimum, before you sign anything make sure you review the fine print and cross-out any provision that restricts your ability to sue the vendor.  Cross-out forum selection clauses.