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| APPOINTMENTS
AT YOUR PLACE OR OURS |
We
often visit my clients at their offices instead of always
having them come to our office, without charging for travel time.
This helps provide a higher quality of service, in that
it provides an opportunity to identify issues with legal repercussions which you,
the client, either don't see or don't know to look for. |
| NO
NICKEL AND DIMING YOU |
Many
law firms make their fax machines and copier into separate
profit centers by charging you the client for faxes and copies.
Charges can be as high as $1 to $2 per page for faxes, and
around $0.25 per copy. We don't do this. Copies and faxes,
phone service charges, postage, and most overnight deliveries, are all on the firm. It makes for a more simplified invoice. |
| NO
IVORY TOWER MENTALITY |
Theory
is great, and in the law practice technicalities can be everything.
But that doesn't mean we as lawyers have to put ourselves
up in an ivory tower, isolated from reality to provide top
quality service. I stay focused on not just the theory of
the law but also the practicality of the solutions suggested,
transactions negotiated, and attacks and defenses made. |
| A LAWYER MUST BE A SCHOLAR |
The law is a jealous mistress, so they say. What they mean is that to be any good at it, one must devote one's life to it more fully than other jobs and professions. The law is living and breathing, always changing. Lawyers must devote time not just to billing clients or generating work, but to staying informed on developments within their chosen practice areas. Clients pay less to educate the lawyer and get more value for their money. As you will see on the Personnel page, Mr. McPherson devotes substantial time to keep up with changes, cutting costs for and increasing value for clients. |
DELIBERATE
AGGRESSIVENESS |
We can act aggressively when needed. But we aren't aggressive just to be aggressive or to show off. Transactions and regulatory responses often need patience at times, and quick action at other times. While we certainly believe in the idea of
crafting "win-win" deals, we admittedly try to make
sure our client is the first among equals. |
| LIMITED
PRACTICE |
We
don't want to be all things to all people. Our principal attorney
has chosen areas of law he enjoys, and has limited this firm's
practice to these areas only. Should you need a lawyer in
another field, we will most likely be able to refer you to
other counsel, or associate with them on your matters. Mark McPherson is Not Certified by the Texas Board of Legal
Specialization. |
| TECHNOLOGY |
It
continues to change and challenge the very foundation of the practice of law. It
is now possible for a small practice to have all the resources
that have historically only been available to large law firms,
without the traditionally high associated overhead. Computer
databases of statutes, case law and regulations make it possible
to provide a higher quality of service in less time and at
reduced costs. This lets us stay smaller, quicker, and more
flexible, for our clients' benefit. |
| ENJOYMENT |
We
enjoy what we do, and we enjoy serving our clients and seeing
them succeed. Not that this makes us unique from all other lawyers, but it does positively
affect our attitudes. |
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PRACTICE
PHILOSOPHY
Quotes
from Mr. McPherson:
On How I was Taught
At Mankoff, Hill, my mentor was my boss, and he taught me
business and corporate law first from the standpoint of what
can go wrong. So I represented creditors and debtors in bankruptcy.
I learned commercial real estate by starting with foreclosures and
workouts. I learned contracts by trying lawsuits over deals
gone bad. He wanted me to know what to do on the front end
of a transaction to prevent these results, or to at least
be as prepared for them as possible. It was invaluable experience.
Of course, the Texas economy in the early 90's helped give
me plenty of these 'opportunities' as well. Then I moved into the positive
aspects of these transactions and estate planning for our
business owners.
On Representing Business Owners
I own my own business, so I know firsthand the challenges
business owners face and how different they are from what
I faced in my days as an employee of a law firm.
On The Value of Written Documents
A deal is rarely better than the people involved. If you do
business with the wrong people, no amount of paperwork will
help you. Litigation and the remedies you can get in the courtroom
are usually no justice at all due to timing and expense. If you do business with the
right people, a good, comprehensive, well written agreement
helps all parties remember the original deal. This prevents
future arguments and helps preserve the good will built between
the parties. That good will may come in handy further down
the road.
On the Lawyer's Value
Lawyers should enhance the value of a deal, whether it's quantifying
liabilities so the owner knows better what to expect, limiting
the chance of an unexpected liability, or helping to structure
a deal so that the owner pays less in taxes. All of these
things sooner or later affect the bottom line in a positive
way. I look for ways to save business owners money. Long term relationships are best because the lawyer gets to know more of the client's business and the client's particular style. The lawyer's style of, for example, negotiating, should reasonably match the client's style.
Who's On First
A deal or estate is the client's matter, and the client certainly
has the last word. As a lawyer I have certain expertises and
experience that clients do not have. I bring that to bear
without usurping the client's position as the ultimate decision
maker, but at the same time I try not to leave my clients
in a lurch with just a bunch of not-completely-understood legal
options. Sometimes the law is so technical that it can't fully
be described to any non-lawyer. This is where trust in a professional
relationship and knowledge of the client's business, built over time, is invaluable.
On Client Relationships
I want to develop long term relationships with clients who
are fun to work with and whom I respect. In the beginning
of a relationship, more time is spent learning about each
other and learning the client's business. As the relationship
grows it is easier to spot ways in which I can enhance the
client's bottom line. Clients who build long term relationships
with their attorneys generally get more bang for their buck.
On the Big Picture
Deals are "big picture" matters. You can't get lost
in the forest, lose the forest in the trees, etc. Lawyers
by nature have to focus on details and make sure they are
each dealt with appropriately, but my education and experience
taught me to never lose sight of the big picture. And a big
part of the big picture is to close the deal. I know how to
move deals along and get them closed.
There is no such thing as a perfect deal. Each one involves
compromises of some sort. Success is not in the science of
perfection, but rather in the art of compromise.
On the Adversarial System
In America the legal system is built on the adversary system.
Each party hires a lawyer, and the lawyers work 'adverse'
to each other. Each looks out for the client to the exclusion
of the other. Even some transactional lawyers can get somewhat
hostile towards each other. In a transaction, though, there is a third party present, and that is the deal itself.
The way to get a deal done isn't to fight and win every adversarial contest,
but rather to build understanding about issues of concern,
and work in a collaborative way to build a win-win solution.
I am a big proponent of crafting win-win deals as much as
possible.
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