Have you ever sat across the table from your counter party to a deal and thought: “Do they want this or are they looking for ways to kill it???”  Well, we certainly have.  Being a lawyers is, at times, like being an undertaker at a wedding.  But, just by advocating for your client’s interest, or protecting their *ahem* behinds, you DON’T have to be a Deal-Killer.  So, steer clear of Jack’s 10 Ways to Kill a Deal.

1.  Time.  Back in Jack’s Rules to Live (Work & Play) By, we learned that Rule #1 is Time Kills All Deals.  It’s still true.  If you can’t act swiftly without a swift kick to the behind, then hire a business broker to do just that.  And those deadlines in the LOI?  They’re not “suggestions” – they’re DEADlines.  Treat them like it.

2.  Dwelling on the LOI.  LOI = Letter of Intent.  NOT Letter of (every little thing I can think to) Include.  Too much detail can lead a court to hold your “non-binding” LOI is actually an enforceable document.  Just ask Texaco.  Get the basics down and then dive in.

3.  Talk, Don’t Walk.  Effective Communication is key, and absolutely must begin in the early stages to set the scene.  If things break down, come back to the table and talk them through.

4.  Hire the Right Professionals.  Don’t let your consultants, attorney or brokers become the obstacle to a successful closing.  Choose someone who views their role as your counsel to closing the deal, not the last hurdle towards you and your next adventure.  The right professional will advise you on your risk, but the ultimate decision is yours.

5.  Due Diligence is a Two-Way Street.  Due Diligence just doesn’t occur on the Buyer’s side; if you’re selling, you should be inspecting your potential Buyer just as closely.   The earlier on you do this, the better you can assess whether this Buyer is qualified to buy and prepared to successfully run the business.

6.  Mergers & Acquisitions are a Process, not an Event.  Rome wasn’t built in a Day.  You have to have patience, understanding and a good sense of humor throughout the process.  Work with your advisors to identify your greatest areas of risk and reward, and communicate those efficiently and effectively to the other side.  There will be points of negotiation, but with a little patience and effective communication, you’ll navigate those quickly.

7.  Clean House.  You would clean up your house before you sold it, right?  Why woudln’t you do that for your business?  Prepare your corporate, financial, personnel, inventory and business records so that you can explain your business in a confident, accurate and knowledgeable fashion to potential suitors.   Plus, it’ll make Due Diligence a SNAP.  Your attorneys will love you.

8.  Be a Sophisticated Seller.  The ease and speed of the process is directly related to the sophistication of the Seller and its counsel.  Before beginning the process, ask your advisors to give you M&A 101.  They should be able to walk you through the whole process, start to finish, so that once you’re in the middle, there’s no surprises.

9.  Overpricing.  Have your business assessed by an independent third-party familiar with your industry.  From there, you can make an educated and informed decision about the asking price for your business.

10.  Balancing Risk.  Take a look at the forest before the trees and assess your total risk in the transaction, rather than individual provisions.  Ask yourself: Is the risk balanced proportionally between Buyer and Seller? Check out the overall the risk apportionment between warranty, indemnity, survival and any residual or continuing liability or escrow.

Are you ready?  We are!  Now that you know Jack’s 10 Ways to Kill a Deal, you can avoid these landmines and your merger or acquisition will be smooth sailing.  Be sure to visit us again 9.2.2011 for the 2 cents on our September Legal TENder!

August’s Legal TENder is here!  Since we’ve been hearing all those 2011 merger and acquisition rumors, we’re highlighting Jack’s 10 Ways to Kill a Deal.  We don’t want to give away the bank, so here’s a sneak peek:

Dwelling on the LOI

LOI = Letter of Intent.  NOT Letter of (every little thing I can think to) Include.  Too much detail can lead a court to hold your “non-binding” LOI is actually an enforceable document.  Just ask Texaco.  Get the basics down and then dive in.

Stop back by on 8.10.2011 for the full Legal TENder on Jack’s 10 Ways to Kill a Deal.

1. DO come to the Mediation with a Good Faith Attitude to Resolve the Case.  Mediation is an Alternative Dispute Resolution measure created by the Texas Courts to alleviate parties from the expense and longevity of a trial.  As an attorney it’s important to remind your client that mediation is beneficial and to encourage a good faith attitude towards resolving the dispute.
2. DO Remind your Client there are Two Sides to Every Story.  Resolution isn’t the only standard by which a mediation can be considered successful.  Mediation can expose your client to the other party’s arguments and potentially point to weaknesses and/or strengths in your client’s case moving forward.  These strengths and weaknesses are items the client must take into consideration prior to moving forward with the case.
3. DO Be Fully Prepared.  Unfortunately, some attorneys attend mediation ONLY because they were ordered to by the Court.  These attorneys don’t prepare their case and their client properly for the mediation.  It is imperative that the attorney be fully versed on the facts and the laws pertaining to the case.  It is very difficult, maybe impossible, to have a successful mediation if either the client or the attorney is not fully prepared for the mediation.
4. DO Research the Mediator.  Certain mediators have particular styles or formats that they expect from the attorneys.  While most mediators encourage opening statements with power points, others see them as a waste of time.  Know what your mediator expects.  Further, read any reviews the mediator has from prior cases and know what areas of the law the mediator has the most exposure.
5. DO Utilize an Opening Statement (if available).  As mentioned, most mediators grant an opening statement to the attorneys.  The opening statement is the perfect way to convey your client’s thoughts, feelings and emotions pertaining to the case.  It is also a perfect time to convey that while your client has these feelings, they’re attending mediation in good faith and hopeful that it will be productive and lead to a resolution.
6. DO Fully Respond to the Mediator’s Questionnaire.  In many cases, the mediator will provide a packet for each attorney to fill out prior to your schedule mediation.  The packet consists of thought provoking questions to discuss the strengths and weaknesses of your client’s case.  You should devote sufficient time in responding to these issues and discuss them with your client.  They can be an effective devil’s advocate tool to inform your client that a case is never open and shut.
7. DO Be a Professional.  Regrettably, when two attorneys are in one room accompanied by their clients, the claws can come out under the guise of “advocating for your client.”   Remember that the purpose and goal of mediation is to represent your client and resolve the case.  It doesn’t help the client if their attorney acts unprofessionally.
8. DO Remember that Not Every Case is Ripe for Resolution.  The purpose of mediation is to help the parties resolve their disputes prior to trial.  However, this doesn’t mean that the attorney should either agree to an inadequate offer or pay simply avoid trial.  It’s important to prepare the client and discuss the many benefits of mediation other than the resolution of the case.
9. DO Be Yourself – Everyone has a personal style.  Some attorneys raise their voice and bang their fists on the table.  Others are quiet and unnerving.  Be yourself.  You were hired by your client because of your ability and personality.  There is nothing more obvious to a client than when his or her attorney is trying to take on a personality that is not theirs.
10. DO Talk to the Mediator Afterwards – Especially if the matter is not resolved.  It is very beneficial to get the mediator’s thoughts and ideas about your client’s case.  The mediator will typically point out strengths and weaknesses that you and/or your client have never considered.  This information is invaluable as it could mirror the concerns or considerations a jury or judge will have when your case moves to trial.

This month’s Legal TENder will be Jay’s Top 10 Mediation DO’s.  We don’t want to give away the bank, so here’s a sneak peek:

DO come to the Mediation with a Good Faith Attitude to Resolve the Case.  Mediation is an Alternative Dispute Resolution measure created by the Texas Courts to alleviate parties from the expense and longevity of a trial.  As an attorney it’s important to remind your client that mediation is beneficial and to encourage a good faith attitude towards resolving the dispute.

Visit us again for the full Legal TENder Jay’s Top 10 Mediation DO’s on 7.10.2011!

This quarter’s post is brought to you by our Office Manager and Chief Cat-Herder: Matacha Saul.  Matacha not only serves as Office Manager, but she’s also the point person for Stibbs & Co.’s involvement with CurePH and The Woodlands CrawPHish Festival.  As the previous director, organizer and all-around producer extraordinaire of the CurePH Golf Tournament (for 10 years!), she knows how to organize fantastic events.  Sometimes, this can wreak havoc on your office – so here are Matacha’s Top 10 Office Organizing Tips!

Who says cleaning has to happen in the spring – how ‘bout summer Cleaning?

If you’ve stepped in my office, you know I need to heed some of my own advice.  If only I was Bewitched and could wiggle my nose… Voila! Everything would magically appear in its spot.  But I possess no nose-wiggling talents, so perhaps some of these suggestions will help me with some summer cleaning.

10.       Daily Maintenance. Organizing your workplace is not a one-day project. By maintaining the cleanliness and orderliness of your workplace on a daily basis, you’ll notice that clutter is reduced and your productivity is increased.  And don’t forget about your desk drawers – they need attention too.

9.         Focus on your desk. Your desk is the center of your workspace, the place where you get things done.  Pick the right desk for you and your office.

8.         Prioritize your work.  Track the paper trail.  Organize your papers from most important to least important.  File documents immediately when you are finished with them.  Try to only touch the papers only once.

7.         Re-Evaluate your office gear.  If you have a particularly cluttered space, you need to start with evaluating everything in your office.  Sure, everything may have a purpose, but unless you need it on a daily basis, it does not belong there.  Once you get rid of all of the things you “might” use and keep only the things you DO use, you’ll find it instantly more organized.

6.         Give it a date. If you are not sure you are going to need something, file it away or pack it up and put it in the attic and give it a date.  Pull it out of the attic after that certain time period and re-evaluate – keep or trash?

5.         Recycle. Go GREEN!  Instead of keeping all those notes, slips of paper, and miscellaneous stuff, scan it, add it to an email and then put in the recycle box.

4.         Use a camera.  If your office does not feel truly clean after getting rid of the clutter, take some pictures. Snap a few pictures of your desk and office; this will help you determine those trouble spots.  A change of perspective will point out items in your office that have become part of the scenery – you just didn’t realize you don’t need them anymore.

3.         Eliminate excessive personal items.  Every office needs pictures and perhaps a plant to give it a homey feel, but hopefully you are not living in your office.  A few personal items are great, but less is better.

2.         Divide and conquer – do not become overwhelmed. While we all need organization time, don’t let it get excessive – you begin to waste as much time as you’re trying to save. Take one section of your desk or office at a time.  Set goals and create a to-do list.

1.          All else fails – paint it blue! Big color this season.

Some contents taken from About.com and ehow.com.

Thanks for visiting us for In Close Quarters and please check back 7.2.2011 for the 2 Cents on July’s Legal TENder!

Here they are: Amanda’s Top 10 Estate Planning Myths.  Now, be honest.  How many of these did you believe?  Let us know in the comments!

1.         Probate is awful, scary and extremely expensive.  It should be avoided at all costs.

Probate is simply the process by which the assets of a deceased person are transferred.  Many people believe that the probate process is always lengthy and expensive.  Typically, that is only true where the decedent did not have a proper estate plan.  Texas permits what is known as an “independent administration,” which streamlines the probate process and allows the decedent’s executor to administer the estate with minimal court involvement.  This process results in a probate process that is relatively quick, simple and inexpensive.

Some people have been advised that they simply must use a revocable trust, as opposed to a Will, to avoid probate.  However, revocable trusts can be just as expensive and time consuming to administer as an estate.  After the decedent’s death, most of the duties which an executor must perform during the probate process must also be completed by the trustee of the revocable trust.  They also typically cost more up front to establish.  While revocable trusts can absolutely be beneficial under the right circumstances, fear of probate should not be a factor.

2.         If I’m married, I don’t need a Will because my spouse automatically inherits everything.

This is a commonly held belief that is simply false.  There are multiple ways for spouses to jointly own property, but by far the most common is as joint tenants.  Property held as joint tenants does not include rights of survivorship, i.e., the survivor of the two owners does not automatically become the owner of the entire property.  Instead, when one spouse dies ½ of all jointly owned property passes automatically into the estate of the deceased spouse.  The estate of the deceased spouse must be probated to transfer ownership of the deceased spouse’s ½ interest in the property.

3.         I don’t need a Will—I put my children’s names on my house and bank accounts.

Another common belief is that adding a child’s name on your assets is a good way to avoid the probate process.  It is actually a very bad idea that can create multiple problems.  First, the asset will not automatically transfer to your child on your death for the same reasons that property won’t automatically pass to your spouse.  Second, the IRS will view the addition of your child’s name to an asset as a gift of ½ of that asset to your child, which could mean that you have to file and gift tax return or even owe gift taxes.  Also, you have lost control of the property.  For example, jointly owned property cannot be sold without the consent and signature of both parties.  Finally, the property is now subject to the claims of the child’s creditors.

4.         I’m not rich—I don’t need an estate plan.

Estate planning isn’t only for millionaires and billionaires.  Many people believe that estate planning and tax planning are synonymous terms, and assume that if the total value of their estate falls below the federal estate tax exclusion amount, currently $5 million, they do not need an estate plan.  This can be a costly assumption.

The probate process is much faster and cheaper with a properly drafted Will.  The money spent on having a Will drawn up will be recouped, often several times over, by the money saved in the probate process.  Even if tax planning is clearly not an immediate concern, there are many other potential concerns that can be addressed by the preparation of a Will.  For example, a person with young children should consider leaving their property in a trust for the benefit of those children until they have completed their education and matured to a responsible age.  If an individual has a disabled child or an elderly parent who may benefit from the estate, a special needs trust can be drafted into the Will.  Parents of minor children will also want to nominate a guardian to care for the children until they reach the age of majority.

5.         A Will covers all of my property.

A Will does not control the transfer of what is known as “non-probate property.”  Non-probate property includes assets that pass by contract or according to statute.  Examples include property that passes to designated beneficiaries, such as life insurance or retirement assets, payable on death bank accounts and property held as joint tenants with rights of survivorship.   A Will is a vital part of an estate plan, but it is just as important to discuss your non-probate property with your attorney.  This will ensure that all property transfers work together to accomplish your overall goals.

6.         Revocable Trusts reduce estate taxes.

An asset does not escape taxation simply because it is held in the name of a trust versus the name of an individual.  Many people are exposed to the concept of a revocable trust at a seminar or advertisement aimed at selling the revocable trust to everyone, and they become convinced by the speaker that they must have revocable trust to save estate taxes.  In truth, the revocable trust itself saves no taxes.  Estate taxes can be reduced by the inclusion of certain language within the revocable trust, but that tax planning language can be used in either a Will or a revocable trust.

However, revocable trusts are still useful tools under the appropriate circumstances.  If you create a revocable trust by signing an agreement prepared by your attorney, any assets titled in the name of the trust will bypass the probate process at death.  In addition, if you own real property in jurisdictions other than Texas, titling those properties in the name of the trust will eliminate the need for ancillary probate proceedings in each jurisdiction where you own property.  The revocable trust is also an effective tool for disability planning.  Finally, revocable trusts offer some privacy, because the trust agreement, unlike a Will, does not become part of the public record after death.

7.         Having a Revocable Trust means no probate.

Another common, but mistaken, belief is that having a revocable trust itself guarantees a free pass around the probate process.  In reality, only assets that have been titled in the name of the trust will be exempt from the probate process.  Too often, once an individual has died the family discovers that, although the decedent had a revocable trust agreement prepared, he never transferred his assets into the trust, or he later acquired assets in his own name instead of in the name of the trust.  The result of either situation is that probate becomes necessary to transfer the assets.

8.         My Will is done—I can put it away and forget about it.

Once their Will has been signed, many people put it in a safe place and then forget about it—for decades.  You should review your estate plan on a regular basis to ensure that it is still leaves everything in the manner you want it to.  A good rule of thumb is to review your documents after every major life event, such as a birth, a death or a marriage, or at least every three years.

It is equally important to discuss your beneficiary designations with your estate planning attorney, and to review them regularly.  Establishing trusts in your Will to reduce taxes or protect your young children doesn’t do much good if a substantial portion is given to them directly, in the form of life insurance payments or retirement benefits.  Beneficiary designations should complement the planning done in the Will, not contradict it.

9.         The Agent in my Power of Attorney is in charge of distributing my assets after my death.

The Agent named in your Statutory Durable Power of Attorney has the authority to manage your assets during your life, under the terms of the document itself.  However, that authority automatically expires upon death.

10.       Life Insurance is not subject to taxes.

Life insurance often amounts to a large portion of an individual’s estate.    Most people think that life insurance is tax free.  That is only partly true.  Life insurance is income tax free (most of the time), but not estate tax free.  The amount of the death benefit is included in the determination of the overall size of the decedent’s estate.  If the decedent’s total estate is greater than the estate tax exemption amount, then the life insurance money will be subject to the estate tax.

We hope you’ve enjoyed Amanda’s Top 10 Estate Planning Myths and please visit us again 6.25.2011 for the next In Close Quarters!

School’s…out….for…SUMMER!  Miss Smarty-Pants Amanda Johnston just received Straight A’s on her Spring 2011 semester report card – she’s pursuing her Masters of Law in Tax.  She’s an attorney, a student and she’s also the author of June’s Legal TENder – Amanda’s Top 10 Estate Planning Myths.  We don’t want to give away the bank, so here’s a sneak peek:

A Will Covers All of My Property. A Will does not control the transfer of what is known as “non-probate property.”  Non-probate property includes assets that pass by contract or according to statute.  Examples include property that passes to designated beneficiaries, such as life insurance or retirement assets, payable on death bank accounts and property held as joint tenants with rights of survivorship.   A Will is a vital part of an estate plan, but it is just as important to discuss your non-probate property with your attorney.  This will ensure that all property transfers work together to accomplish your overall goals.

Check back 6.10.2011 for the full Legal TENder on Amanda’s Top 10 Estate Planning Myths. Have a topic you’d like us to cover?  Let us know in the comments!

Can you hear me now?  Chances are, if you’re an American adult, you can – 2 out of 3 Americans are using cell phones in their daily lives.  Our resident litigatrix, Pattie Chapman, has been looking into the issue of employer liability for employee’s cell phone use while driving – in her office and not her car, of course!   While there’s no YES or NO answer, employers can protect themselves by having a written policy and strictly enforcing that policy.  Here are Pattie’s Top 10 Cell Phone Policy Tips:

1. Just say NO. Employers can ban mobile device use while driving for all employees, regardless of job responsibilities.  Of course, this is difficult to monitor and enforce.  Be sure you can strictly enforce your own policy (in other words, can the Boss follow it?) before you apply it to all employees.
2. Follow the Law. Require all employees to comply with applicable state and local laws governing cell phone use.  As a general rule in Texas, driving while utilizing a mobile device is prohibited in school zones, but only restricted in other circumstances.
3. Look Ma – No Hands! If employees are allowed to use a mobile device while driving, require the use of hands-free devices ONLY.  I hear you can find some pretty swanky bluetooth ear pieces nowadays…it could be a whole new fashion statement for the office.
4. Look Boss – Still no hands! This one seems common sense, but if the employer provides company cell phones they should be equipped with hands-free features.  Maybe a company logo on a bluetooth ear piece?  It’s a whole new fashion statement AND marketing campaign!
5. NOTXT. Prohibit the use of text messages and email features while driving.  More than 16,000 Americans were killed in “texting while driving” accidents between 2001 and 2007.  And in Texas, texting is prohibited in school zones.  keep ur emp/ees saf & no txt.
6. Safety School. Require training on cell phone safety.  Training can include tips like employees should avoid or terminate conversations  involving stressful or emotional conversations, or don’t use your mobile device in adverse weather or difficult traffic conditions.  If its a hurricane, real or personal, put down your phone.
7. Document, document, document. Use a written acknowledgment of the company mobile device policy when cell phones are issued to employees.  Just like your grocery list, it’s easier to remember if you write it down.  And use this acknowledgment as an annual reminder – every year, all employees should review the policy and acknowledge their understanding, as well as have the opportunity to ask questions.
8. Certification. If employees are reimbursed for business calls made from personal cell phones, require them to certify the calls were made pursuant to the company mobile device policy.  This can be part of your annual reminder – everyone should review the Cell Phone Policy and the Training Tips, then certify that they’ve acted in accordance.  You can even make it a group activity – host an office lunch and have a discussion of the policy and tips.  I know everyone in our office loves food!
9. Have a Manual. Make it company policy when cell phones are furnished to employees that they are accompanied by a manual on safe use of the device. Employees should read the manual and then sign a receipt for it.  Again, just like the grocery list, if you write it down – you’ll remember!
10. Enforcement. Your policy should state that a violation will subject the  employee to disciplinary action.  Then, as my mother would say, you have to FOLLOW THROUGH on your enforcement.  Be sure the enforcement of your policy is consistent and fair; no one is above following the rules.

We hope you’ve enjoyed Pattie’s Top 10 Cell Phone Policy Tips and please check back 6.2.2011 for the 2 cents on our next Legal TENder!

April showers bring May…Cell Phone Policy Tips!  It’s time for the 2 Cents on our next topic – Pattie’s Top 10 Cell Phone Policy Tips.  We don’t want to give away the bank, so here’s a sneak peek:

Document, document, document. Use a written acknowledgment of the company mobile device policy when cell phones are issued to employees.  Just like your grocery list, it’s easier to remember if you write it down.  And use this acknowledgment as an annual reminder – every year, all employees should review the policy and acknowledge their understanding, as well as have the opportunity to ask questions.

Check back 5.10.2011 for the full Legal TENder on Pattie’s Top 10 Cell Phone Policy Tips. Have a topic you’d like us to cover?  Let us know in the comments!

April’s Legal TENder may be a day late, but it’s not a dollar short!  One beautiful summer day, Fearless Leader Jack Stibbs announced that he wanted a Firm Facebook page.  That summer of 2010 changed the way I approached our online business development and my own personal online life.  I became the Social Media Maven of the office, venturing from Facebook, HTML, Yelp, Foursquare, Twitter and finally to Legal TENder.  It’s been a crazy ride and I’ve enjoyed every minute.  The lessons I’ve learned along the way became April’s Legal TENder: Angela’s 10 Commandments of Social Media.

I understand that the beauty (and efficacy) of social media is the relationship building and business development that it encourages – quickly.  That said, it’s important to have a general policy for your company’s involvement in social media sites like Facebook, Twitter and LinkedIn.  My personal motto is: “Don’t put anything on the web you don’t want on the front-page of the Conroe Courier.” I developed this particular policy after the editor of our local newspaper informed me how amusing he thought my personal Facebook postings were.  Scared me to death.

1.  Never, ever post anything that you do NOT want on the front page, above-the-fold of the Conroe Courier.  The internet lives forever.  And so will your infamy if you decide to briefly lose your sanity and post something harmful or damaging about yourself, your family, your company, your dog or – eek! – a client or friend.  My mother may live by the motto, “If you can’t find anything nice to say about anybody, come sit by me” but YOU should be mindful that this is your LIFE, not Steel Magnolias.

2.  DO protect the confidential information of your company and its clients.  It’s kinda your job, as well as your ethical and moral obligation.  But more than that, your character and integrity are the hallmarks of the reputation that you bring to every avenue of your life.  Remember Jack’s rule: “Good Clients Beget Good Clients.”  Well, that applies to you and your reputation – don’t YOU want to be known as a trustworthy person?

3.  RESPECT copyright, trademark or other intellectual property laws. As someone who writes this stuff, I appreciate the time, effort and creativity it takes to put something out there that’s fresh and new.  And I do believe imitation is the sincerest form of flattery, however, it’s a far cry from imitation to just plain stealing someone else’s idea.  Plus, with the ease of re-tweet or Facebook linking, how hard is it to give credit where credit is due?

4.  AVOID inappropriate, offensive, suggestive or foul language. You can get the point across without it.  And if you can’t?  Well, maybe it isn’t a point worth making.

5.   Never disparage your company, its clients or your fellow colleagues. If you have a problem with your company, your boss, a client or your fellow co-worker, then address it in a professional manner.  Don’t take to Facebook and talk about how your boss is a troglodyte.  It won’t do you any favors at the office, and it certainly won’t impress your next employer.  This is your career, not junior high.

6.  Always DISCLOSE your affiliation with your company. It doesn’t take a formal study to reveal that personal recommendations have far greater weight than regular advertising or cold calls.  If you want to promote your company, services or products, be sure to disclose your affiliation along with your recommendation.  There’s nothing wrong with being proud of the job you do, but don’t let pride overshadow your responsibility to be honest and straight-forward to the consumer public. 

7.  RESPECT other’s opinions and be mindful you’re representing your company. This is an important lesson on and off-line.  I grew up in a small community, and every time I rolled through a Stop sign or was rude in the check-out line at Randall’s, my mother knew about it before I even walked through the door.  It’s easy to be tempted by anonymity, but take responsibility (and ownership) for your actions and words online.  Always remember that, much like you represented your parents while growing up, you represent your company while posting and chatting with others online, especially on a community forum or your company’s social media pages.

8. Spell & Grammar Check! Nothing destroys credibility faster. I love the written wrod word.  One of the main reasons I became a lawyer is my love for reading and writing (and not my love of conflict or public speaking).  Whether you author your company’s newsletter or the company’s daily tweets, always spell and grammar check.  Your audience will appreciate your attention to detail and that level of commitment will impress your prospective customers and clients.

9. Use appropriate PRIVACY settings. I hear this all the time: “I’m not on Facebook because I’m afraid of what’s out there.”  First, what type of past do you have?  Are you waiting for the statute of limitations to run?  One benefit to growing up in a close-knit community is that I have used appropriate “privacy settings” since I was a teenager – and no, not on Facebook, just every day.  Do you have information you only want to share with friends & family?  Make sure you check the privacy settings of all your online profiles.  Once you know WHO will see WHAT, you can comfortably post accordingly.

10. ENGAGE and choose information that is exciting and interesting to your readers. I’m a geek.  I find obscure court rulings on bankruptcy issues FASCINATING.  Unfortunately, no one else does.  Try out lots of different types of posts, links and articles to find out what is engaging to your audience.  Follow-up in the comments or a forum to answer questions.  Who knows? You may find an audience of other “geeks” who likes the same topics you do!

Thanks for visiting Legal TENder and please let us know how we’re doing.  We welcome any comments and questions, including suggested topics for the an upcoming Legal TENder.  Stay tuned for May’s Legal TENder and check back on 5.2.2011 for the 2 cents!