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Thursday, March 20, 2008

In The Ring: The Trials of a Washington Lawyer

Robert S. Bennett has represented cabinet secretaries, numerous Washington power brokers, heads of state such as President Bill Clinton, other high profile public figures such as  Judith Miller, Paul Wolfowitz, former president of the World Bank and recently Republican John McCain.

In his new book, "In The Ring: The Trials of a Washington Lawyer" he talks candidly about life, law and how he toiled to defend his clients and how the scandal machine in Washington D.C., magnified the intensity of some of this most famous litigations. The book is a fascinating and compelling read for anyone who is interested in the media, law and power players in Washington.

Recently, I had the opportunity to interview Mr. Bennett.

Q    What are some of the "mistakes" you've made and what were the lessons learnt from them?

A    The only mistakes I have ever made are when I don't follow my instincts, and so, I always follow my instincts.

Q    What advice do you give young attorneys starting out?

A    Try to get experience in a prosecutor's office or a public defender's office. 

Q    You talk considerably in your book about the importance of having a balanced life, when did you realize the importance of it and how do you achieve it?

A    I always had this view.  The only way to achieve it is to set your priorities and follow them. 

Q    Law is a very academic profession, you seem to be in tune with human drama.  Who are your favourite authors?

A    For leisure reading, I like Daniel Silva and Michael Connolly.  I do not view the law as a particularly academic profession.

Q    Who were your role models when you were growing up?

A    Duke Snider and Gil Hodges of the Brooklyn Dodgers.

Q    You have represented very well know politicians, those that garner considerable attention from the press, what is your general approach to dealing with the press?

A    Know who in the press you are dealing with and whether or not they are trustworthy.  It is always best when your client's case is not in the newspaper, but when it is, the issue is not whether you deal with the press, but how you deal with the press.

Q    How would you advise lawyers when dealing with press in high profile cases?

A    Never make any statement unless you are sure of its accuracy.  The worst thing you can do from a media perspective is to start retracting an earlier statement.

Q    Is it fair to say that particularly in high profile cases that the press is PART of the legal process?

A    The press is not a part of the legal process, but it can have an impact both good and bad for your client who is caught up in the legal process.

Q    Do you think attorneys should get a 101 basic media relations at law school?

A    I think it would be a good idea to have such a course as an elective, but I do not think it should replace the more fundamental and basic law courses.

A very big THANK YOU to Robert S. Bennett, for taking the time to answer my questions.

Wednesday, January 02, 2008

Courting The World's Next SuperPower - India

    With unprecedented levels of growth for several years, an economy poised to grow at 9% in 2008, matched by its growing middle class, a huge youth population, it is no surprise that a number of books on India have appeared in the marketplace.

    Rafiq Dossani, an expert on Indian Affairs, executive director of South Asia programmes at Stanford University, has had a fundamental role in helping introduce progressive reforms in India. He gives us the insider's view in his book: "India Arriving: How This Economic Powerhouse is Redfining Global Business".

I had the opportunity to interview Mr. Dossani on this fascinating subject. The second part of the interview will appear on Friday.

1.        What are some of the pitfalls that foreign companies (medium sized companies) make when they are exploring their options of doing business in India. 

There are two cautions I would offer.  The first is that the initial, or startup, costs are high relative to western startup costs.   These include infrastructure costs and services costs.  For instance, the costs of renting space consist of more than just the monthly rent.   Deposits, usually of up to a year's rent, are common.  In addition, deposits are required for accessing utilities. 

The second is services costs.   Due to the need to register with regulatory authorities, especially if a Mauritius registration is needed, the cost of services (both regulatory and associated legal fees) tend to be high.  Indian legal fees can be as high as western legal fees.

2.        What are some of the romantic notions that westerners hold on it when they start doing business in India? Does this help or impede their success?

The knowledge of English and access to advance professional services are the (mostly) accurate assumptions that westerners begin with.  The inaccurate ones can be more frustrating: the poor quality of infrastructure, the difficulty and high cost of accessing talent and the high startup costs are the main ones.

3.        In which industries/sectors do you see growth in India?

India's growth is driven by domestic demand for utilities, infrastructure and services, such as banking services and real estate.  It is less of an export or manufacturing story, unlike China.  So, the sectors which feed domestic demand are the growth areas.

In services: consulting services, financial services, legal services; in infrastructure and utilities: road building, housing, electric power, telecommunications.  Of course, some sectors that are geared to exports, such as IT, continue to see high growth.

4.        How do westerners navigate through the different levels of bureaucracy?

The bureaucracy operates at different levels.   A westerner's initial contact with the bureaucracy is likely to be at the level of the state rather than the national government.  This is because of India's federalized system.   Bureaucracy at the national level is more straightforward, whereas in the states, the bureaucracy is of varying quality. 

Some states, such as Maharashtra, are relatively advanced and have simple rules.   The bureaucratic encounter also depends on the work to be done.   For eg., the bureaucracy for registering a firm to begin operations as a service company is not oppressive, whereas it can be very difficult to navigate bureaucratic hoops if manufacturing operations are to be established.

It is probably best to appoint a legal advisor early on and rely on the advisor to manage the bureaucracy.

The second part of this interview will appear this Friday.