Tag Archives: Counsel

How Do you Position Yourself as the New Leader? Six Points

Situation: A new CEO has just taken over at a well-developed medium-sized company? He will be a first-time CEO. The principal concern is how to introduce himself to the staff and customers. He believes that first impressions are critical and wants to get off on the right foot. How so you position yourself as the new leader?

Advice from the CEOs:

  • Proactively engage both staff and customers in a dialogue about the direction and potential of the company. Focus comments on positive opportunities. Demonstrate a fresh sense of excitement and energy. Both staff and customers will be looking for a leader who shares their excitement. Demonstrate good listening skills.
  • There are a number of good books on leadership. Look for a title and theme that is appealing. An important point is the need to “market” yourself to both staff and customers.
    • Develop a list of hopes, desires and needs for the company. Add to this list based on what is heard from staff and customers.
    • Look for synergies between your and their hopes and desires. Create a “launch campaign” around these synergies.
    • This will position you as both an essential member of their team, and as a leader that others will want to follow.
  • Find a mentor. One who has deep experience with the role of “new Leader”. Seek their advice and counsel. Use them as a sounding board while developing a campaign for “Operation New Leader”.
  • Remember that both the company and the new vision are just plans and may require flexibility.
  • Ask others – particularly mentor and staff:
    • What is the model that they see? What are the key objectives that the company should accomplish during the first year?
    • What niche do they see the company aspiring to fill? From this may come insights into underdeveloped opportunities that the predecessor failed to leverage. Also, an opportunity to gain key allies within the company.
    • Focus discussions on what will bring increased value to the company.
  • While speaking to others, listen for their questions about the role of the Leader. This will present an opportunity to define the Leader role by addressing their needs as you transition into the new position.

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What is a Fair Revenue Split? Five Pieces of Advice

Situation: A professional services company is constructed as a network of members. The company’s contract specifies that if a member of their network goes to work for a client – even a client that the member brought to them – the client owes the company a fee of 50% of either the member’s salary or the annual consulting revenue paid to the member. This is onerous. What is the best way to respond? What is a fair revenue split?

Advice from the CEOs:

  • This does seem like an onerous provision. It is unclear whether the bite is as fierce as the growl.
  • Consult a lawyer. If you quit the network and go to work for the client, what is the level of risk that the company will successfully sue, and what you can do to mitigate this risk?
  • If the offer from the client is appealing, quit or avoid using this company’s services. Given their cut to your revenue you will see a net gain in your own pay for services rendered.
  • If several members agree that this stipulation is onerous, team up and start your own network with better terms. This can provide you and the others with an annuity revenue stream.
  • Integrity in professional circles is everything. Whatever course you decide on, be up front.

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How Much Should Management Own Post-Financing? Five Points

Situation: A company anticipates closing a Round 3 financing this year. The CEO has an idea of the range of management team ownership that is likely at this round. He seeks advice from others with experience. What can the team do to assure that their ownership is at the upper end of the range? How much should management own post-financing?

Advice from the CEOs:

  • The numbers change depending upon both company valuation and the funding environment. Currently, Silicon Valley venture capital firms are becoming more cautious and risk averse. This is because many companies that have received financing over the last 2-3 years have underperformed. Many have yet to even produce and release a product. In this environment, the chances for maintaining a larger share of ownership for management are not as good as in headier times.
  • Seek two outside counsel to generate two independent opinions on a fair management option pool, and to assist in negotiations. These will likely be boutique firms.
  • Approach the situation as an executive option pool objective. Determine what needs to be in place to attract new executives, as well as to replace existing executives should they leave or be unable to serve.
  • When discussing this with your board and investors, phrase the challenge in win-win terms. The objective is to lock-in key personnel and assure that key positions will be filled to meet company objectives. This is the best way to assure future financial success.
  • Key members of the executive team may want to seek independent advice, apart from the company or executive team.

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How Can a Lawyer Help You Meet Your Goals? Five Ways

A small company has need for legal advice, but is unsure how to properly utilize a lawyer. Legal costs have gone up over the last decade, so expense is one concern. Another is a desire to understand how to form an effective relationship with a lawyer or law firm, and how to effectively manage billable hours. Bottom line, how can a lawyer help you meet your business goals?

Advice from the CEOs:

  • First, seek the counsel of a firm that specializes in small businesses. Just as you would seek a specialist physician to treat a serious medical condition, SMBs are best served by corporate lawyers who understand how they are different from large corporations and who can advise them at a rate and under an arrangement that fits their financial situation.
  • Schedule regular “off the clock” lunches and conversations with your lawyer. The ideal lawyer for smaller companies serves as an “outside counsel.” Your outside counsel is essentially your legal quarterback and should be willing to meet with you off the clock to discuss general business needs. Of course, as a courtesy to your lawyer, if your conversation starts getting into areas where you are receiving legal advice you shouldn’t expect free advice.
  • Know what to ask your lawyer versus what to ask your auditor and tax specialist. Each has a separate and distinct domain.
  • Trust your lawyer – or find a new lawyer. The best legal relationship is when your lawyer is treated as a member of your team. Sharing the business context aids your lawyer in advising you.
  • There is no need to overspend on lawyers, but you do need to assure that you spend for what you need. A good relationship with your lawyer can help you to walk the line where you are spending appropriately.
  • Special thanks to Deb Ludwig of DJL Corporate Law for her contribution to this discussion.

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