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JOHN H. OGDEN PROFESSIONAL CORPORATION
COMMERCIAL and CORPORATE LAW
Practical and Cost Effective
EXCELLENCE in CLIENT SERVICE and LEGAL EXPERTISE
THE COMBINATION of SKILLS
COUNSELING, NEGOTIATION, MEDIATION, LITIGATION
to meet client needs while minimizing the impact on company operations and cash flow.
John Ogden can address VIRTUALLY ANY LEGAL ISSUE CONFRONTING COMPANIES. His experience, thorough and on-going training, and his extensive network of information and experts, makes him a valuable asset.
Client service brings added value to a business. John Ogden is a recognized EXPERT in CLIENT SERVICE.
With a number of service models to choose from, flexible arrangements can be made with clients at various points on the continuum of service models. Elements of different methods can be combined.
> The most comprehensive model is a proven technique called SYNCHRONIZATION© of Business and Legal Priorities.
- In this model, the attorney meets with key personnel at the client company, tours the facility and reviews documentation relevant to those discussions. (Expected to last ½ a business day.)
- Next, the attorney meets with senior management to discuss the results of the meetings and document reviews. The goal for the discussion with senior management is Joint Issue Prioritization, meaning that the attorney helps management decide the prioritization of categories of legal issues in terms of their consequence to company operations. (The entire process with senior management is expected to last ½ a business day.)
- On an ongoing basis, using agreed upon metrics to analyze and manage legal costs, the attorney will do what the scope of retention allows in order to ensure the proper ratio of legal cost to legal importance.
SYNCHRONIZATION© OF BUSINESS AND LEGAL PRIORITIES
Although the exact amounts are client confidential, the bar charts below show the ratios which resulted from an actual application of Synchronization over a three year period.
> Another approach is the VIRTUAL GENERAL COUNSEL.
- In this approach, the attorney functions as lead counsel for the company.
- Typically, the attorney will take full responsibility for one or two legal specialties and undertake oversight responsibility over retained counsel in other specialties. The purpose of this oversight is to ensure Quality and Cost Control.
- The extent of authority and responsibility is agreed upon based on client company’s needs.
With SYNCHRONIZATION and VIRTUAL GENERAL COUNSEL it is possible to offer reduced hourly rates, lump sums or incentive fees based on the extent the company wishes to commit to using the services.
> Services can also be provided on the typical HOURLY RATE basis.
- The client will frequently achieve benefits under this method also. This is due to rigid control of overhead by the Ogden firm which allows for rates which are attractive to the client and the attorney.
- Not only is the hourly rate typically attractive to clients, but frequently the number of hours per matter are also favorable to the client due to the practical approach taken by John Ogden, an experienced corporate attorney and business person.
> DISPUTE RESOLUTION, such as mediation arbitration, and, if absolutely necessary, litigation are addressed individually concerning each specific matter or related matters.
> The following are examplesof John Ogden's PRACTICAL APPROACH to the law.
- THE NON-MERGER : A client wanted to acquire another entity through a standard friendly acquisition – a very good assignment for a corporate lawyer. Ogden suggested that since the target’s “employees” all of whom would be retained, were legitimately contract employees and the only assets involved were intellectual property, perhaps purchasing the assets, entering into new contracts with the workers then liquidating the target company might be more simple as well as more safe in the future vis-à-vis residual liability. This was done so the majority of the legal work was done by counsel for the liquidating entity rather than Ogden doing so as originally requested by his client.
- RETAIN A LAWYER - GET ADDED VALUE: Another client was selling a division located 1,000+ miles from its U.S. head office. When the purchaser had difficulty raising all necessary funding, a quick decision was made to lease to the purchaser the real estate where the purchased assets would be operated. Because Ogden’s business background included responsibility for leased industrial property he was able to identify issues of potential concern which were not strictly legal in nature but could have been costly to his client. No one else picked up the issues because the client did not have a function specifically addressing facilities engineering – for which Ogden had executive responsibility for 10+years.
- IF YOU MUST LITIGATE, DO IT THE RIGHT WAY: A situation arose which could not be resolved by negotiation or mediation, litigation was the only choice. Ogden had the necessary skills, experience and resources to handle the case. Significant billings would result. His approach however was the same as it had been as an in-house attorney – what is the best way to staff the matter? There were myriad details such as communicating with the court regarding specific rules governing the somewhat unusual remedy being sought by Ogden’s client, collecting extensive and complex documents from the client, crafting individualized cases against multiple defendants. This is work best performed by attorneys with less than 10 years experience. They have lower billing rates and a more narrow scope of responsibilities which allows them to focus more on individual cases with less inefficient starting and stopping to address other matters. Even though Ogden was forbidden by the Rules governing legal practice to share the fees, he recommended that he be the attorney of record and the primary client contact as well as retaining responsibility for the outcome but that much of the work described above be done by a more junior lawyer at another firm The client agreed and received a successful outcome more quickly and with less cost than if Ogden had handled the case himself.
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Articles by John Ogden:
> Lawyer in a Business Role
> Litigation In-House
> Virtual Law Department
> Alternative Dispute Resolution
Synchronization© Articles:
> About John Ogden
> By John Ogden
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