Ethical Authenticity: The Secret Ingredient

I have been told by more than one client that I was the “secret ingredient” to getting a sticky commercial deal done when the other side’s lawyer created unnecessary roadblocks (apparently not realizing that his or her client also had an interest in getting the deal done).

What do I do that’s so special? First, I listen to my clients. Novel concept? Apparently. Some attorneys seem to have an interest in giving the false appearance of having done something by adding unnecessary language to a contract that is well-drafted in plain English and sufficiently protective of both sides’ interests. This desire to appear busy seems to override their desire to help their clients achieve their goals.

In a similar vein, it appears many attorneys want to appear to be prolific in their blogging by having others do their work for them, ignoring the misrepresentation inherent in such an undertaking. cooking spices ingredients

The Secret Ingredient in this Blog

My “secret ingredient” in this blog is one I did not realize was special until I read about lawyers doing otherwise I write all of the blog posts myself.  Like it or lump it, what you see is what you get.  Just as it appears I may be relatively unique in helping clients reach their goals by removing (not erecting) roadblocks, it appears I’m relatively unique in writing my own blog posts. Continue reading Ethical Authenticity: The Secret Ingredient

Can You Get Your Customers to Agree Not to Provide Negative Reviews of Your Business?

shhh stock-footage-shhh-girl-puts-fingers-to-lips-shallow-depth-of-fieldSetting aside for a moment whether you should ask your customers to agree not to provide negative reviews of your business as a business practice (that is a discussion all its own), the question before us is whether such an agreement is likely to be enforceable as a legal matter.

Our last post discussed the issue of online defamation by non-customers and what can be done about it. Now we are going to address your ability, as a business owner, to prevent customers from providing negative reviews of your business by getting them to agree not to do so.

Non-disparagement Clauses

This type of clause is called a “non-disparagement clause” and it is fairly common in settlement agreements in connection with litigation and  in agreements relating to the purchase of a business (asset purchase/stock purchase agreements). It goes something like this:

Party A agrees not to make any disparaging statement, either orally or in writing, regarding Party B, the business, products, or services of Party B, or any of Party B’s shareholders, directors, officers, employees or agents, especially its lawyers, who all Parties agree are most excellent.

Okay, so I made that last clause up, but the rest of it is fairly typical of such agreements. Again, these clauses Continue reading Can You Get Your Customers to Agree Not to Provide Negative Reviews of Your Business?