Random Pensées

Today, my hands are tied

Today, I would like to write about work, sort of as an outlet for the frustrations creeping up over the edge of desk and jumping into my coffee while I'm not looking.

But I can't.

I cannot write about how annoying it is to have two different sets of lawyers between me and my client, both sets thinking it's ok to modify my firm's retainer agreement. It isn't. Neither of you idiots understand the intricacies of my firm's retainer. You may be good bankruptcy and corporate lawyers, respectively, but you aren't litigators. Your suggestions contravene the rules of ethics, the disciplinary rules, and the Rules of the Appellate Division, First Department, of the Supreme Court of the State of New York. This is a big ass case these idiots are potentially pissing all over. I wish I could write about it.

I cannot write about how much fun it is to be caught, with my cousin, between my father and my uncles and attorneys in two other states as the family attempts to put together a shareholder agreement for a family concern. This is way too annoying. Let me content myself with this, because I actually feel myself physically getting angry, a buy out provision in a shareholder agreement that calls for an accountant to value the interest being bought out at generally accepted accounting principles (mostly meaningless, by the way) but lacks a requirement that the corporation's books and records be kept in accordance with GAAP is downright dangerous. I think that this is going to make people very unhappy.

Getting into a business with your family presents issues that don't exist in most negotiations. There are sensitivities and sometimes grudges that have to be taken into account. The agreement will be less than perfect and all will have to trust to the good faith of everyone else. That shouldn't be a problem, but you never know. Ultimately, as I tell my corporate clients, a corporate agreement or contract is only as good as the people signing it, no matter what any lawyer tells you about how iron clad the protections are.

Trust, my friends. Without that, you're already f*cked even before you sign the contract. With it, you may not be f*cked until later.

Sure is ugly here in my office today. I'm going to throw away the rest of my coffee and see if I can get rid of some of my frustrations with it.