Simplicity
The practice of law is not a mystical art. It
is an organized method of preventing and solving problems. Our approach
is to simplify as much of the actual process as possible so that
the complexities remain in the determination of legal posture, not
the practice itself. Towards this end, we operate with three simple
principles in mind whether it is in contract review or complex negotiations.
- Gather the facts:
Too many "good" ideas have been lost due to the parties
misunderstanding of legal requirements or a realistic expectation
of timing or resource commitment. By retrieving the facts on an
issue, we are able to save the Tribal leadership the time of considering
a project that has not been thoroughly researched for plausibility.
Likewise, we serve as a filter for Tribes so that would-be investors
are investigated before making presentations or proposals. Since
many projects live or die by the details, we make this our first
step. Specifically, when dealing with third parties, we follow
a "Question and Answer" period to ensure everyone involved
has the information necessary to make a sound decision.
- Document preparation:
Experience has shown us that while a project may seem feasible
and beneficial, many hours are wasted in endless communications
requesting information only to be followed by months of delay
while a suitable contracting document is prepared. We believe
our clients should not waste their time reviewing a document only
to send it to us for further review. We review the contract, itemize
the terms, seek our client's terms and incorporate them into a
counter proposal. This process saves many hours of unnecessary
back and forth. Also, we encourage our clients to ask for paper
on any given project before a presentation is made. Salesmanship
is no substitute for cold, hard facts supporting the viability
of a project.
- Execution:
Often, the third parties to a project, whether it be a federal
contract or a private economic development contract, are not prepared
to execute the deal. Sometimes this requires that the Tribe receive
good faith funds. Other times it simply means that the party authorized
to sign be present. In all cases, we aim to ensure that before
a meeting is called or presentation is made, the third parties
are able and ready to execute the agreements. Again, our experience
has shown us that too often deal brokers try to make the deal
and then waste the Tribe's time by trying to sell it to the actual
funding sources. We cut through this wasteful process by requiring
that the funds for a particular project be either advanced or
evidence of the funding be demonstrated.
Copyright © 2003, The Kitto Law
Firm
5335 Wisconsin Ave NW, Suite 440, Washington D.C. 20015
202-686-4856 • Email kitto@kittolawfirm.com
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