Special Report
3 Questions
Peter B. Maretz, shareholder, Stokes Roberts & Wagner ALC
Smart Business San Diego | November 2009
Peter B. Maretz is a shareholder at Stokes Roberts & Wagner ALC and is based in the firm’s San Diego office. Maretz is an experienced trial attorney with a specialty in employment litigation. He has successfully defended a variety of businesses in a wide range of lawsuits.
Q. How can following legal advice save money for an average company?
A. Companies, particularly those with a strong entrepreneurial spirit, are reluctant to involve lawyers because lawyers are viewed as hindering progress. The right lawyer, however, will invest the time to get to know the client and help guide the progress to avoid legal pitfalls, while not quashing that entrepreneurial spirit. Avoiding a legal problem is significantly less expensive than fixing one. If you have to defend a lawsuit, you and your lawyer should invest the time at the outset to fully understand the facts and law controlling your case and clearly define your goal. Your lawyer should clearly define the anticipated strategies and tactics to achieve that goal.
Q. Can a company negotiate a flat fee for some services?
A. Alternative billing arrangements are a hot topic in today’s business climate, and flat-fee agreements are among the more common alternative structures. Whether it fits your needs depends upon the nature of your needs. Many of my clients pay a flat monthly fee, and in exchange, they can call me any time without concern about the meter running. We also do flat-fee or modified flat-fee arrangements on litigated matters, whereby the client pays a set fee to reach certain benchmarks in the lawsuit.
Q. What steps should a company take to find the right legal advice?
A. Be clear with your lawyer what your mission is, and not just in the specific context of the retention. Make sure your lawyer understands the mission. Of course, you want to take the time to find out who your lawyer is — their specialty, education, victories. Make sure your lawyer is equally — if not more — interested in learning about you. Sometimes the lawyers give the biggest value by listening.
