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How To Unscramble An Egg

Author Richard Solomon is a conflicts and crisis management lawyer with 50 years of experience in business development, antitrust and franchise law, management counseling and dispute resolution including trials and crisis management.

In the fifty five years I have been practicing law, I have upon several occasions encountered a client who is absolutely furious about the current circumstances, mainly because their pendency is the result of his “mistake”. What is demanded is that I reconstruct current reality so that it is without the entire problem. It is called unscrambling an egg in many places, and in Texas it is known as shoving the shit back into the horse. In most such instances it is also the fact that communications about it have made the situation much worse. What was said was the product of embarrassment, anger and frustration.

Not unusually there is a process in which blame is sought to be deflected upon others, and sorting out the responsibility is complex and most delicate. It is perhaps in this exercise that counsel is most likely to be cashiered for not deciding that it was the responsibility of someone other than the very angry “boss”. In this time of texts and emails it is much more difficult to escape realities.

The real answer to this situation is that the client should be prepared to write a check. The faster the check is written, the smaller the overall cost of the entire adventure.

There is a way to avoid this unpleasantness. At the moment before the unfortunate action is taken, the person at the tip of the spear could/should have a resource available on very short notice through which the wrong decision can be averted. This is not what law firms typically provide. I have been most valuable to clients with whom I have a relationship in which I am always (24/7) available. Over these many years I have been able to avert many unfortunate events simply because I am immediately available and the years of experience are useful in this context. There are usually several ways to avoid unfortunate events if called before the die is cast. The value of avoiding adverse results before they happen need not be belabored.

The whole thrust of Tamerlane Group’s approach is injury avoidance rather than subsequent dispute resolution over adverse consequences. Not every such event is a middle of the night phone call. The last minute resort to our input is often significantly in advance of the moment of decision. To be sure, that works to prevent a great deal of short notice emergency situations. However, even at the moment of signature on what will be potentially awful because it is potentially dangerous, that call made before closing any matter where there is a lingering doubt has saved countless months of trying to unscramble a bad egg.

This is directly related to early on consults to prevent a potential dispute from growing into a full blown dispute. These consults not only prevent disputes from becoming outrageously expensive, but they also enable saving the relationship with the potentially opposite party. There is no sense losing contracts, deals and clients when assistance early in the process of a disagreement’s development can cure the matter on valuable terms. This also is a service not provided by most law firms. The years of experience enable us to provide business insights in addition to legal answers. Real answers trump legal answers most of the time.

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