Arizona Business Laws

Mindset in Deals versus Litigation

Hello, I’m Michelle Lombino, a partner at Jaburg & Wilk, and a business lawyer and certified understanding-based mediator. Are There Differences in Clients’ Mindsets in Deals Vs. Litigation?Frequently when people are entering into deals, the positive mindset dominates. They’re very eager, they’re very excited to get the deal done. They’re willing to compromise with the other party. But at the same time– oftentimes that is, they will rush through things they don’t want to confront or address issues that they fear might derail their deal.

Drawbacks to Positive Thinking in Legal Transaction

It is fashionable to tap the virtues of the positive mind; and the positive mind is beneficial. It focuses on what works, on results, it’s action oriented. But if the positive mind dominates, parties may be easily fooled. They may not consider the risks or the potential pitfalls of a problem. Over the years I’ve been involved in many a litigation involving Ponzi schemes, and I’ve though that those Ponzi schemes might be the result of the positive mind dominating.

Benefits to Negative Mind

Yes, at its best, the negative mind sees the risks and potential downfall of a situation. However, taken to its extreme, the negative mind can lead to anger, intolerance, and a sense of frustration. Many a settlement negotiation has fallen apart because the negative mind has predominated.

Clients Help Themselves by changing their mindset

Yes, first by recognizing the benefit of using both the positive mind and the negative mind, and using both approaches. And second, by cultivating a neutral mind that can consider both what could go right and what could go wrong, and from that place deciding the best approach.

 By: Michelle Lombino

About Donald Hudspeth

The Law Offices of Donald W. Hudspeth. The business of our firm is business.  We started the firm in 1992 after the large law firm that I worked for had dissolved. And because I had prior business owner experience, I decided to start a firm and target business owner plans. The business of our firm is business. Only practice area is business law. That includes transactions and litigation. We do start ups. We do contracts of all kind both locally and internationally. We also have a first rate commercial litigation department.

I think one fundamental advantage that we had over other business law firms is the fact that we have been on the other side of the desks as business owners before we became attorneys. That gives us hands on real time practical experience on what it is like to run a business.  The Law Offices of Donald W. Hudspeth. The business of our firm is business.

By: Donald Hudspeth

First Meeting With Attorney

I’m Neal Bookspan of Jaburg Wilk. I’m an attorney who helps businesses and business owners manage their legal risks. The first meeting between a new client and an attorney is very important. To prepare for that meeting, it’s always good if the potential client not only spends the time to outline their issues and know the facts and issues that they’re coming to the attorney about. But then to not only prepare the documentation or bring the documentation, but to actually review their documentation while they’re outlining it. Because the more that they remember and the more that they know, the more successful that first meeting can be in figuring out whether they have a situation that the attorney can help them out or not.

By: Neal Bookspan