Most
avid dog owners will admit their canine companions are creatures of habit,
comfortable in their routines, yet still guided by instincts of which we as
humans are basically clueless. The moment you “think” you have figured out all
this instinctive behavior can often have surprising consequences. Fortunately
for me and my dog Eddi, a German short-haired pointer,
we haven’t become candidates quite yet for America’s
Funniest Home Video, but there’s still time.
Early one morning recently, I let Eddi out in
the backyard to do her normal “business,” something that generally takes about 2
or 3 minutes. When she didn’t return on time as usual, I became a little
anxious. As it turns out, she was gathering an opossum — undoubtedly a valued
gift for her master. I must note that I have received this same gift several
times over already. Her strong instincts to hunt and track game don’t end with
unsuspecting opossums, however.
This past summer, Eddi resorted to chasing
small black bears. After numerous encounters with chasing these wild animals up
trees and through the lowland forests, I knew I had to address her
uncontrollable behavior, mostly for her own protection. So, I invested in a
shock collar to help reinforce my stop commands, which she had obeyed
previously, in addition to developing some new commands to help guard against
her sometimes out-of control behavior.
By
now, you’re probably wondering where I am headed with this personal tale. It’s
simple. Out of love and fondness for our four-legged companions, we often
assign them human traits, mostly the ability to think and reason, but what
about man? Do we not sometimes exhibit that same lack of control of our
behavior that we witness in our pets? We don’t have full reign over our lives
entirely; we depend on others, much like our pets depend on us. Attorney-client
relationships should be built on the premise of trust and dependence to consult
with each other and openly discuss issues before chasing that proverbial bear
up a tree.
My clients that have the most control over their businesses and
the fewest legal conflicts are the ones that come to me early on to discuss
potential problems before they escalate into legal dilemmas. In promulgating
contractual relationships, we can modify documentation where necessary to
protect clients’ interests, making sure they fully understand all pertinent
issues beforehand. Those who instinctively feel they can handle their own legal
matters or sign contracts without first consulting an attorney are the ones who
usually end up in litigious situations because they don’t understand the ramifications
of their decision.
Of course, I must confess that perhaps some
of my clients occasionally gaze upon me unknowingly like my dog Eddi, asking
herself, “What is he doing?” After the recent encounters with bears, she took
on a new challenge a couple of times — herding elk. She gets behind the herd
and chases them towards me, which is probably instinctual, encircling game and
bringing it back to the hunter, waiting for the hunter to kill it. Well, I am
no hunter, so she probably thinks I am the most inept owner in the world
because she’s doing all the work and I’m not finishing the task. As Eddi’s
master, though, it is my responsibility to protect her and safeguard her
behavior as much as possible, particularly with new experiences, such as
chasing elk. I have that same obligation to my clients.
Just as I have to constantly retrain Eddi to keep her clear of
harmful encounters with other animals, I try to continually steer my clients in
the right direction. In fact, it is often my role to discuss clients’ new
business proposals. We review contract language; we talk about potential risks
and rewards; we examine ways to avoid risk; and we look at how to increase the
opportunities for more business and further benefits. I believe that all
successful businesses, like pets and our selves, should require the same
consideration of their well-being.
