This is my first proper blog entry - entries to date have been articles I have written on various subjects. I am increasingly encouraged by the experience of “putting my toe in the water” with the new approaches in contract drafting and relationship creation.
When I started this journey a couple of years ago, I had some vague notions about importance of effective relationships in business and in life in general. I also knew that, law being the “glue” of society, had a role to play in shifting the way we look at relationships.
My main observation was that law in our legal system tend often to be a force for division by their very nature. It is a bit like being a tram where the driver cannot decide its own path.
As I went along the journey, I have found myself being tested by negative reactions from people whose opinion counted too much to me, based on my own insecurities and self doubt.
Freedom for me came when I realised that other people’s reactions matter to me only because I doubted myself. When I stopped that and had faith in myself I found freedom to express myself in my work in ways I could never have imagined.
As the preceding articles indicate, I believe that contracts can be extremely negative in their focus. I believe that by being so, they give a less than even chance of a good relationship. Furthermore, I believe that the process of creation of the document is more important than the document itself – the process of looking carefully at the relationship and making sure everyone is clear on the desired outcomes and what they are bringing to the “party” are of paramount importance. All too often, particularly in England where we are often shy of talking about money and what we want for ourselves, this leads to unnecessary conflict and, through that, the major expenditure on and distraction of legal disputes.
Creating documents with positive intentions and commitment to positive outcomes, possibly incorporating guiding principles (that are perhaps alien to English lawyers but more familiar to European lawyers), leaves contracts with a more positive focus that inspires all those involved.
This is not some nebulous concept from the hippy era but something that has a tangible effect on the outcome of business transactions and personal relationships to the extent that it leaves people far more likely to make money and succeed in their vision for their business or their personal life.
My approach includes creating a contract that states the vision for the outcome of the relationship or even the vision for the future of the business, the objectives (more grounded specific “achievables”) and values (the standard of conduct that each party can expect of the other). A vision is not a mission statement but a statement of commitment to a possible future as it would be if the company or the relationship turns out to be successful).
Many lawyers may cringe at the concept of commitments to vague concepts such as openness etc but the concept of good faith in dealings, for example, is widely accepted, again, particularly in European jurisdictions. Therefore, there is no reason why they cannot be incorporated in our system now. They provide a focus and intention that is far more powerful than the underlying law itself.
Finally and more radically, I have even seen from my own dealings, placing trust in people without documentation (whilst still being clear on the purpose of the relationship and the standards of conduct required, producing some outstanding opportunities) can produce outstanding results. I have provided consultancy services to people on trust, only where I feel intuitively that it is safe to do so, and felt that a contract would constrain the relationship if anything and not leave it free. So far this has lead to me being offered 50% in one company and possibly 5% in at least one other with the prospect of 50% in yet another company. This is where my beliefs in a business context overlap with my personal ones. I believe that by instinctively working only with those people you trust very profoundly, by being clear with those people and then giving your services unconditionally is capable of producing some outstanding results that I believe will set a new paradigm for the future of business.
I must emphasise in closing this lengthy blog entry that I am not advocating that people trust everybody. Unfortunately we operate in a social and business paradigm where self interest and even greed dominate. Whilst I believe that things will begin to very profoundly change in the next 5 to 10 years, I still see contracts and protection for people as very important, particularly where if they are created in ways that are the result of producing more effective relationships.
Another aspect of my work is in the handling of disputes. Invariably where there is a breakdown in relations there are underlying causes that may not be apparent on the surface. What I aim to do is to get people to communicate and often thereby avoid costly disputes. I also work with companies to empower people to handle these things rather than create an addiction to me – where they would otherwise feel that I had to be consulted on handling every aspect of a relationship.
As an example, on the day of writing this blog I met with a client and friend who was concerned about her relationship with an investor who she felt was being demanding and even her other business partner found her to be so too, so she “knew” she was right. I sat down with her and looked at how she was reacting, noticing that her interpretation was very different from reality. We looked at some underlying issues that were unspoken and this helped free her up to handle not only this situation but anyone in which the same buttons are pressed. This leaves her able to deal with things ongoingly without reference to me most of the time. I believe that traditional professional relationships can create an addiction and be disempowering despite the best intention of the professional him/herself.
Thank you if you have read to this point – that was quite a task!
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