ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Sunday, March 3, 1996                  TAG: 9603010022
SECTION: BUSINESS                 PAGE: G-4  EDITION: METRO 
COLUMN: Working It Out
SOURCE: CAMILLE WRIGHT MILLER


'PREVENTIVE LAWYERING' BEST WAY TO HEAD OFF EXPENSIVE LEGAL COSTS

Q. I've been reviewing company expenses and would like to cut legal fees. Suggestions?

A. John P. Vita, a Lexington lawyer specializing in employment matters, says ``the best lawyering is preventive lawyering.'' Vita notes that staying informed and keeping your attorney informed reduces legal costs. Vita notes that employees who seek legal advice often go to lawyers because employers failed to handle a situation correctly. Advance knowledge can save considerable amounts in legal fees.

Clients should ``have the attorney give an overview of legal issues.'' This legal review should include everything from ``workers compensation guidelines to the Family Medical Leave Act.''

Discussion should include appropriate language for documents. Legal advice can, for example, ensure that employee handbooks remain guidelines rather than contracts giving employees unintended rights.

Vita recommends on-going awareness of all deadlines, both internal and external. While attorneys can notify clients of dates, it's less expensive for clients to maintain their own calendar. Clients can do some of the work, such as notifying corporate officers of annual meetings, themselves. Attorneys can advise which letters can be done in-house and which should be reserved for attorney creation.

Also, notify your attorney immediately of all changes and major events. Notification alerts your attorney to possible and foreseeable problems.

Similarly, if an individual employee begins causing problems, talk with an attorney immediately. Proper handling of the situation could prevent problems.

Vita says to stay educated. Read publications to remain educated on the law. Questions put to your attorney can then be focused. It's less expensive to answer a specific question than to describe a new area of law completely.

Finally, Vita supports on-going training of supervisors. The more knowledge of obligations and responsibilities, the less likely they are to cause legal problems.

Because your attorney knows your company, ask him or her what specific recommendations can be made for your situation. An open discussion could reveal problem areas and solutions which could save you even more money.

Q. I occasionally mispronounce words. I've been embarrassed in business meetings when someone corrects me publicly. I've tried the pronunciation guide in the dictionary, but I still make mistakes.

A. If your computer is equipped with a CD-ROM, soundcard and speakers, invest in the Random House Unabridged Electronic Dictionary. It features recorded pronunciations of words. Listening to words several times improves or corrects pronunciation.

The CD, by itself, costs about $79; with the hard-copy dictionary, the package sells for about $100. Using this tool could save you embarrassment.

If your speech is corrected frequently from several sources, work with a speech therapist and an audiologist to identify possible physiological problems.

On the other hand, if one person is serving as an unofficial pronunciation coach in meetings, the problem is of an entirely different nature. Your ``coach'' may point out your deficiencies to make himself or herself look more educated. Corrections in this case aren't helpful - they're self-serving.

If this describes your situation, meet with your ``coach'' and request that future corrections be given privately. Publicly embarrassing someone is never a favor.

Q. Our staff has to evaluate a project. We're to give specific reasons for support or rejection. I've created a list of 12 reasons it should be rejected; however, I'm afraid this looks like overkill. I want to be thorough, but not picky.

A. Rank-order your objections from most to least important. Evaluate the rank-ordered objections with one question in mind: ``If this objection could be overcome, is the next one something that could be overcome?'' If an objection could be handled through slight project revision, it's probably an insignificant objection.

The most important objections - those which can't be overcome - become primary objections. Those which can be overcome become secondary objections. The list of unconquerable ones should be sufficient to defeat a project. Focus there and ensure your objections are clear.

Secondary objections can be raised if there's insufficient support to derail the proposal.

More than appearing ``picky,'' throwing every objection into the arena causes our arguments to become diffused. Presenting smaller objections as equal to insurmountable objections allows proponents to mischaracterize opposition. Further, proponents can chip away at small objections rather than respond to real problems.

Strong evaluations identify serious problems and recommend those be addressed before exerting energy on minor flaws.

Camille Wright Miller, an organizational behavior sociologist who works in Lexington, answers questions from our readers about workplace issues. Please send them to her in care of The Roanoke Times, Business News Department, P.O. Box 2491, Roanoke 24010.


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