Loads of people ask me about what I do, and I typically ask them if they’ve ever seen a show about lawyers on TV. When they say yes, I tell them “Not that. Nothing like that. Nobody does that.” But it got me thinking about how to explain the relationship between the law and business, and not the rarified, upper-echelon business of moving large amounts of money between accounts to make more money. I mean real businesses, owned by real people, who have built them themselves or with a team, and who concern themselves greatly with the direction and progression of their business.
Defense attorneys get a bad rap until you’re suddenly in “The System” and it’s coming after you, and then people tend to realize that what we defend is quite literally the rule of law. The most common scenario a business will deal with that involves needing a defense lawyer is a situation where someone has been injured and they are coming after the business to get compensation for that injury. If you like there being rules around what people can and can’t do, how they can and can’t come after you and your business, that’s what we do. We stand in between your business and people who are making allegations that your business has done something wrong, or wronged someone in particular, and we hold them to account for those allegations and demand that they prove them to a set standard which we have spent our careers upholding. But that’s the big picture. What does it look like on a given day?
Well, I typically work with transport companies – blue-collar folks hauling goods, or timber, or working on trains – and the first thing that we provide you is privilege. When an accident happens and you make our phone ring, if you’ve gotten word to us while the vehicles are still on the road, we are heading there IMMEDIATELY. We are taking measurements, pictures, videos, statements, anything we can get, preserving everything we can access and identify, and it all comes cloaked by the attorney-client privilege. In every case I work on where discovery is exchanged, one immutable thing plaintiffs always demand my clients produce is copies of any reports or investigations conducted into the accident, and if my boots were on the ground, that investigation is wrapped in a privilege that the plaintiff will have no easy task of piercing. This can be the difference between keeping your strategic advantage in litigation and having to play with your cards face up at the table.
We also serve you best when we have had a chance to get to know you. Anyone who’s been in business for any length of time knows the value of personal relationships with the folks you trust to do business with, and there’s something different about those connections. When we take on a new client, built into the first representation is a process of getting to know the team making that business work, familiarizing ourselves with who knows what and has which responsibilities, and knowing where certain tasks are siloed. It’s one thing to notify your insurer of an accident and ask them to assign you counsel. It’s a different ballgame when something happens and you call your attorney’s cell phone, they answer because they know if you’re calling them it’s because it’s important, and you know right then and there that they’re en route, that they understand the situation, and that they are taking immediate action.
The third major benefit is consistency, both in terms of process and homologating outcomes. Every case is different, but every case needs to be approached the same – with promptness, thoroughness, and attention to detail, and this is best facilitated with teams who have worked together consistently and who know each other’s playbooks. I get called in on cases that are years old all the time that might actually not be the client’s fault, where if something had been done at the beginning maybe we’d have a strong liability defense, or maybe the case never would have been brought. I get called on cases and I’m on scene within hours of an accident, and if I can determine that it isn’t the client’s fault, and I have an opportunity to document all the relevant facts and evidence, and take the relevant statements before the witnesses disappear and peoples’ memories get hazy, well, I don’t see nearly as many of those pop up years later with ambiguity about what happened, hoping they can thread in a damages claim between peoples’ dim recollections.
Lastly, a consistent working relationship lends itself to a smooth operating procedure, which reduces waste in the budget. An excellent lawyer will be able to advise your business on its safety procedures and help you safeguard against liability in the future. Heck, we’ll even come give presentations to your drivers and leadership on the issues. Your detailed, intimate knowledge of exactly how your business functions is what gives you the competitive edge in your field, and giving your lawyers the opportunity to get to know your business that well means less wasted time looking for the right people, asking the wrong questions, and correcting nearsighted policies. At its best, your chosen law firm is a partner in your business’s future that works consistently to stabilize the worst situations to keep you and yours protected.
If you have questions about this article, or more generally about how our legal team might help your business, contact Chris Adams (cadams@setlifflaw.com) at 804-377-1273 or Steve Setliff (ssetliff@setlifflaw.com) at 804-377-1261.
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