Understanding The Role Of An International Business Lawyer
The responsibilities of an international business lawyer are as diverse as the countries and states in which their responsibilities are exercised. All international business lawyers enjoy the convenience, cost and damaged goods avoidance that their involvement in purchasing and shipping goods gives their clients. Importing and exporting affects many areas of the business law practical wisdom that lawyers possess. Well drafted contracts save money by avoiding needless litigation so the international business lawyer spends a lot of time advising their clients on the drafting of their contracts with overseas individuals or businesses.
International business lawyers also are responsible for making sure that the laws of the foreign country or foreign jurisdiction are followed and are updated to comply with current laws. Every month it seems we hear of a new law passed in Europe as the European Union countries follow the standards set by other countries, and then adopt slightly different laws for each of the countries which comprise the European Union . Nations must consider new licenses or certifications for products coming into and out of their countries, and this takes an understanding of the political climate. A change in one or both countries political positions may induce an international business lawyer to recommend putting off shipping until relations between the countries improve which might result in better treatment at the border.
The international business lawyer keeps track of changes to international and domestic laws and treaties and then advises their client on the changes. For instance, if the United States or the European Union or the United Nations passes new sanctions against another nation, the international business lawyer must keep up with the new sanctions and advise their international business clients about them.
The international business lawyer makes certain that their clients are in compliance with anti bribery and other related laws and treaties. International businesses are subject to more laws and treaties than domestic countries have. The international business lawyer knows what to do to keep the client financially safe from foreign, state, federal, local and international laws and regulations.
Benefits Of Choosing A Local International Business Lawyer
In addition to providing expert legal representation, an international business lawyer who lives and works nearby will be able to adapt their case strategy to accommodate your schedule for meetings and consultations. An attorney who has an office near your home or place of business can meet with you at times that are convenient for you, even if unusual hours are necessary. Not every international business lawyer will have this flexibility, but the right one for your company will. Trusting your lawyer to not only handle your case in front of a judge but also in his or her office is important because it shows how qualified the lawyer is to handle any of your legal business needs.
An international business lawyer from a local firm can also help provide you with long-term business representation as your company grows and your legal needs change. A good local lawyer will provide a warm welcome, while a less experienced attorney may lead to an impersonal atmosphere that leads to complications down the line. When looking for representation for your international business, look for an attorney you feel comfortable with so that you can build a professional partnership for the future.
Essential Qualifications
When seeking an attorney, there are some qualifications that you absolutely need to seek. These include:
- Unmatched Legal Credentials: is your attorney fully qualified to help you with your case? Do they have the proper certificates and documents to practice law in all areas of international business? Are they registered with the State Bar Association? These are all areas to review when checking the qualifications of your lawyer.
- Experiences: An attorney who has practiced in the area(s) relevant to your case and is familiar with the client group you identify with will be very beneficial to your case. Because an international lawyer is familiar with the industry and the market, they will know how the law applies to your particular case and which steps are best suited for a favorable outcome. That familiarity with industry can save you money, time, and penalties.
- Certified: The most prestigious certification for an international business attorney is the International Business Law Certification Board’s Certification of a Specialist in International Business Law. They can obtain general or specific certifications in their areas of expertise. International lawyers can also obtain certifications in areas such as litigation or dispute resolution which can help your case should a lawsuit be necessary.
- Recent Cases: Has your potential attorney worked on recent cases that are both similar and the same as yours? This is an important question to ask to see how relevant their experience will be to your case. It will also allow you to see if they have experience practicing constitutional, statutory, or common law. This will tell you their area of expertise and which areas they will have the most experience in.
Questions You Should Ask Potential Lawyers
When you are consulting an attorney regarding your situation, it is critical to determine if they will be a good fit for your needs. You can narrow down the lawyers you want to speak with by asking them these questions:
• How Much Experience Do You Have With My Particular Situation? In the context of international business, you will want to note whether they’ve handled other cases involving international clients, cross-border issues, multi-national contracts, foreign service regulations, tax treaties, and foreign laws.
• How Will You Handle My Case? It is good to know how they will go about negotiating contracts, structuring agreements, preparing court documents, and the procedures they will use for discovery and legal research.
• How Accessible Are You? Will they respond to emails quickly? Will they set apart time to speak with you on the phone about any pressing issues? Will you be able to meet with them on short notice? Ask for their response time in general, but also consider how they will deal with an emergency situation.
• How Much Will Your Services Cost? If it is possible, try to determine at the outset how much time they will need to address your needs and what their financial arrangement will be. Also ask about any retainer you might be required to pay upfront, and how often they will bill you.
How To Search For Trusted International Business Lawyers Close By
Referrals from other trusted advisors, such as your accountant or financial advisor, are often a good way to find a reputable international business lawyer near you. In addition, leveraging the referral networks of international business associations can connect you with international business lawyers in your area. And, admittedly, you may need to be patient if an Internet search for "international businesses lawyer near me" returns scant results – because relatively few lawyers in the United States focus exclusively on international business law.
A Google or other search for a local international business lawyer will likely return more results for law firms serving other areas of the law, including immigration, personal Injury, and estate planning. While these kinds of law should not be your top priority, you may nonetheless need to rely on them from time to time for personal or business purposes . Even so, given the unique nature and function of international business lawyers, specializing in issues such as trade, tariffs, Customs, investment, securities, and like matters, you will want to minimize the extent to which you rely on a generalist.
The International Bar Association (IBA) maintains a directory that can help you locate an international business lawyer by area and area of practice. Similarly, the American Bar Association’s Section of International Law directory can help you find an international business lawyer nicely tailored to your needs.
Again, be aware that a member listed in these directories may not be your best option, as the directory’s efficacy largely depends on how up to date its members keep their information. And, the newer the directory, the better, as it will be much more accurate. The most accurate will be a referral from a member of the IBA or the ABA’s Section of International Law (even though membership often comes at the expense of quality control). Not until you know that the lawyer is in fact a board-certified and experienced specialist in international business law should you pick up the phone.
Cost Of Hiring International Business Lawyers
Cost considerations for hiring an international business lawyer differ significantly from those applicable to US lawyers. When seeking an international business lawyer, a company must factor in the international expertise needed, the complexity of the company’s business, the lawyer’s level of expertise, how quickly the company needs its deal closed and how soon after closing it projects will be implemented.
The hourly fees charged by international lawyers having rates that are not consistent with those of US lawyers. These hourly rates covers a wide range. In my case, they currently range from $180 per hour for "basic" work to $575 per hour for more complicated matters involving companies with $50 million plus in sales.
The hourly fee chargeable by an international lawyer helps determine whether that international lawyer believes he/she/it will be making money on the deal or will be losing money. But that hourly rate is only part of the answer to whether your company will find your referrals worthwhile. In other words, you do not necessarily get what you pay for.
Like anything else, the only real way to determine whether an international lawyer’s fees are reasonable or not is to engage in price comparisons for the exact set of international services you are seeking to obtain. The problem always is that other clients who have had similar work done with that particular international lawyer will not necessarily be willing to share their bills with you.
It is often possible to obtain fee quotes from various international lawyers for your particular legal issue. Getting rates is fairly easy, but knowing the quality you will be getting for those rates is not. This is why recommendations from others for international lawyers who can provide the specific services you require are crucial. Whenever your company has international legal work, make sure you have access to company insiders and third party referrals because when it comes to international lawyers, any person’s information can be critical.
We have had clients who chose to go with an international law firm simply because that firm had an office where a big deal for them was being done. We have also had clients who decided to go with a large international law firm — essentially a big US law firm with a large foreign affiliate — because they were so impressed by the firm’s US rates. In both these cases, our clients’ decision-making process was flawed because a firm’s rates in one country generally do not mirror its rates in another.
My and my firm’s international lawyer rates have been compared to those of US multi-law firm conglomerates with whom I doubt we would ever have any work. We have also been compared with some very good boutique international law firms, most of whom we beat.
International business lawyers tend to charge differently based on a number of factors, including the number of attorneys in the firm, the seniority of its attorneys, their location along with the location of the company, and the international nature of the company and of the work required.
Whenever you hire an international business lawyer to work on a contract between you and a non-US company or a contract that will be performed in a non-US country, make sure before you sign that contract that you have a plan in place for getting it enforced abroad should such enforcement become necessary.
For international business lawyers there usually is a high correlation between cost and quality, but this correlation should only go so far. Do not for one minute think you can get something good for nothing. You may occasionally get something good for only a little, but it will be extremely rare that you find someone good for a lot less than everyone else.
Saving money on an international business lawyer rarely pays off in the end, for it sometimes is better to pay a premium up front and get quality work than to risk an expensive problem later on because you simply went with the cheapest international lawyer you could find.
Case Studies Of Successful Cases Involving A Local International Business Lawyer
For example, consider a manufacturing company that received a letter from a foreign government agency stating that it had infringed on a local patent. Knowing how damaging being embroiled in a foreign law suit can be, the company immediately turns to a local lawyer. After sitting down with the client, it appears that they did make a reasonable attempt to ensure that its patents were not in violation of any foreign country’s patents and even have US patents that appear to have been infringed, but overlooked certain due diligence steps that could have avoided this problem. The local attorney advises that the company has been notified of a lawsuit before it was filed with the courts and has 30 days to respond. The attorney will work with the client directly to go through the existing patents, both foreign and domestic and advise on the best path forwards. (In this case, that path is a negotiation for the time being.) The attorney outlines several avenues regarding the foreign court system that should be investigated immediately. They also advise that a local US attorney file and pursue a lawsuit in the US courts in an attempt to establish the fact that the patents have been infringed in the country of origin. The local foreign attorney works hand in hand with the attorneys in both the US and foreign countries to come up with the best strategy moving forward and be a conduit among the different parties.
Now, consider a situation where a marketing firm wants to sell a product that is unregulated in the United States, but cannot find a distributor in the US . It is looking for someone who may take the product and market it in certain foreign countries with strong sales potential. The local attorney drafts the contract and demographic for the foreign countries, suggests hiring a local marketing firm, while also requesting an exclusivity deal from the foreign entity. After all, why would the local entity want to invest time and money into the process if they can’t have exclusivity? The attorney recommends not going for the exclusivity deal, but that the local attorney contact the local industry and determine if discretion is available when the product is sold through retail outlets. If discretion is legally allowed, the local attorney sells the client on the idea of developing products that, when sold, are not easily recognizable. They’ll also suggest that the marketing firm have several samples created to be distributed at industry conventions before the foreign client arrives to distribute them. The attorney advises that they will go through the samples to see what is easily recognized as discreet and what was not. By working with a local attorney, the client has had to do little more than just sit down for interviews and wait for the attorney to provide results. The client does not have to know much about doing business in other countries because the attorney manages the project from start to finish.
These are examples of how local international business lawyers can help clients navigate foreign laws and organize existing structures. An experienced attorney can help guide your business toward the US/foreign country relationship that will be most beneficial for you.