Thomas Law Office PLC

Advancement doesn’t happen if you’re constantly looking to the right of you.

Focusing on getting ahead won’t get you as far as you’d go if you just work in your own lane. Get started and work towards your own goals.

What have you gotten started on that you’re looking forward to achieving?

Back in December I had the honor of presenting the Critical Considerations for Mediation course for LawLine.

Successful mediation hinges on numerous factors at play before you even step into the room. Through this experience I was able to educate others on best practices for achieving a favorable resolution, and overcoming impasse, at mediation.

Gracious feedback from this program was left as a review: “Speaker was EXCELLENT - clear, practical and correct, in my view. This is a good reminder for those about to mediate claims.”

Get your access to the program and learn how to properly prepare your client, why mediation should be an option, and why you should ditch the term sheet. Use this link for access:

https://bit.ly/3Jh124v

What you need to know about Non-Compete Agreements (A Breakdown)

Draft, legalize, and implement a non-compete agreement to prevent an employee from learning your secrets working for your company and moving on later to compete at a different company, taking all your secrets with them.

To boost your agreement’s worth, give it a narrow scope. The timeframe should be limited, and you should also limit your agreement to geographic locations where you currently do business.

The best thing about a non-compete is that it will make an employee think twice about taking your trade secrets and client base to another business. However, as you’re drafting it, keep in mind how it will impact your workers. If they work in a very specialized industry, and there are limited jobs, your agreement could inhibit their ability to work. Courts will generally rule in an employee’s favor in those cases.

Have you implemented a non-compete in your business yet?

If you could only choose one…

A. Consistently increasing revenue
B. Intentional, positive work culture
C. Experience to qualify you for your job of a lifetime

…Which would you choose?

Name that quote: “Belief creates the actual fact.”

Was it…
A. William James
B. Aristotle
C. Brene Brown

Take your guess in the comments!

Eventually, at least one of your employees will leave. Protect your business against potential solicitation, have your team sign a Non-Solicitation Agreement upon hiring.

This legal document states that they will not “solicit” your customers, affiliates, or business partners for a very specific time period following termination.

But before you have your workers sign one, it’s important to make sure it’s legal.

Learn about what exactly goes into a legal document and how you can protect your business at all costs in my blog, Understanding Your Non-Solicitation Agreement.

https://bit.ly/2SHqRpG

Non-compete agreements and non-solicitation agreements serve different functions.

A non-compete agreement keeps signers from competing with your business in any way. This can include going to work for competitors or starting a business that is in direct competition with your own.

A non-solicitation agreement, on the other hand, prohibits those signing from reaching out to your clients, employees, and other interested parties and asking them to do business with them.

These two agreements also offer differences in enforceability and application.

Learn about each difference in my blog, The Difference Between a Non-Compete and a Non-Solicitation Agreement.

https://bit.ly/2SHqRpG

The secret weapon you need when you walk into a courtroom with a Rambo Litigator to fight against:

Knowing Your Opponent

A Rambo litigator’s reputation will most likely precede them, but that is not always the case.

In larger jurisdictions, this may be much more difficult, but it is worth the effort to do the research. Look up case outcomes and read published opinions in matters where your opposing Rambo litigator has appeared. Speaking with counsel who have experience with the litigator is also invaluable.

For example, if the Rambo litigator has been sanctioned in other courts, or reprimanded by the bar for similar behavior, compiling that information, drawing parallels, and bringing it to the attention of the court in your case is helpful in establishing that your experience is not a one-off instance, but that Rambo is aware and has intentionally chosen not to heed prior warnings.

Before you face off with a Rambo Litigator, read my blog, What To Do When You Encounter A Rambo Litigator and learn more ways to prepare for the best possible outcome for your clients.

https://bit.ly/3zoFwXe

One thing we just can’t seem to get rid of in the field is the Rambo Litigator. They show up sometimes regardless of how well you’ve prepared for your case.

Fortunately, there are some things you can do the next time you find yourself facing off against them in court — virtually or in person.

Adapting quickly, knowing your opponent, and understanding the cost of war will benefit you greatly.

Learn how I handle Rambo Litigators and how you can go into court with the upper hand in my blog What To Do When You Encounter A Rambo Litigator.

https://bit.ly/3zoFwXe

Don’t forget to prepare yourself for mediation once you’ve prepared your client.

Coming from a very sport oriented family and having played sports myself growing up, I’ve learned the winner and loser are determined by their level of preparation.

The same is true in law.

Preparation is key.

The likelihood of getting the “win” is higher if you’ve properly prepared for your session.

Learn how I’d advise you to prepare for your next mediation on my featured video with LawLineCLE:

https://bit.ly/3J5NLMU

Whether you’re working towards a big goal you’ve set for yourself this year or you’ve overcome challenges that led you to achieving milestones along the way, I encourage you to keep going.

Hard work is what drives our businesses to success.

Competition has been my inspiration from the beginning.

Throughout all my late night basketball practices, early morning workouts, and weekend games, I learned that there was the level of perseverance that was required to perform at my best and ultimately win.

I was able to practice longer, work harder, and give more than my competition.

People that walk through my door almost always feel wronged or victimized as a result of a dispute.

I provide a tailored strategy to meet their legal needs. The law is not a one-size-fits-all solution.

My mission is to invest in the people I represent and provide them excellent service. I apply the same passion, hard work, and dedication that I learned on the basketball court to help you.

Thomas Law has the expertise and experience necessary to handle your business’ legal needs.

Reach out if you have any questions prior to setting up a consultation.

Going into mediation with a term sheet can actually hurt you more than help you.

There’s something about being in a room with people who are tired, hungry, and are tired of sitting in a conference room all day.

My suggestion is to prepare a settlement of key terms before you walk into mediation.

This allows you to be more prepared to prevent having to draw one up at 2:00 AM when everyone is ready to go home.

Hear the details of proper preparation for mediation and avoid the long nights of negotiations and drafting paperwork on my featured video with LawLineCLE:

https://bit.ly/3tMG1ss

Which is more valuable when choosing the right mediator for your case: The number of mediations and experience in training OR technical experience in the particular subject matter the case is built around?

Tell me what you think in the comments!

D. Margeaux Thomas shares her answer in a quick, in depth chat in the latest video featured by Lawline.

https://bit.ly/342PrHE

My absolute #1 tip when searching for an excellent mediator to work on your case with you:

Research your mediator’s references and experiences.

I was recently working on a case where the opposing counsel declared that a certain attorney was fit for the mediation job due to their in-depth experience on this particular issue. Well, this mediator had only performed 5 mediations prior to this case.

Meanwhile, there were other candidates that had performed hundreds of mediations and while they had much less knowledge and experience on this particular issue, they had the mediation experience necessary to excel.

My point is, they don’t need to be an expert on a particular subject matter. They do, however, need to be very good at putting on the hats of an Evaluator and Facilitator and have the skill of reaching resolution through mediation.

Seek out those who have worked with them before, ask around for reviews on their work, and make sure they’ve had experience.

D. Margeaux Thomas shares more about what makes an excellent mediator in this video featured by LawLine

https://bit.ly/342PrHE

If you do what you've always done, you'll get what you've always gotten. – Tony Robbins

When you broke the mold in your industry, did you find it difficult to then relate to those who hadn’t yet found this to be their strategy?