Don’t Let Your Lawyer Or Accountant Make Your Decisions For You
I can’t tell you how many times I hear small business owners default to their lawyer or accountant’s position, allowing these people to make key business decisions for them. It is such a ridiculous stance to take yet it’s so very pervasive and it happens every day.
Let’s set the record straight. You are the business owner. You understand your business more than anyone. You should also know your numbers better than anyone else. You probably know the deal better than anyone, why you are interested and what you think will be the benefits. Does your lawyer or accountant know all this? Can they assess the value from your point of view or is it just their opinion you are seeking? Yet, when a business proposition comes around and you appropriately run it by your accountant and your lawyer for their review, what are you really asking them to do? Are you asking them to make your decisions for you? I hope not. Do they know your business better than your do? I hope not. Do they understand the proposition you are asking them to review, better than you? I hope not. So why do you blindly do what they tell you to do?
What you should be asking your attorney for is legal advice and what you should be asking your accountant for is accounting and tax advice. When making a business decision it is certainly appropriate to ask for and get an opinion from your lawyer and/or accountant but what I’m seeing is total dependence and acceptance on whatever these people say you should do. That is ridiculous. It is not their business, they are not the entrepreneur. While their opinions are important and worthwhile to consider, allowing them to have the last word and to determine your course of action is simply an act of avoiding your own responsibility and disrespecting your own expertise. That makes little sense.
You can always ask for your professional consultants’ advice, but just as important, once you hear what they have to say, you and only you need to evaluate the opinion and come to your own conclusion. That is the way it should be done. Advice and counsel, not dictating the conclusion. You are the risk-taker, you are funding this, it is your life and every decision should be yours.
So often I simply hear small business owners tell me that their lawyer said not to do this deal. Most often they do not even know why the lawyers are saying this or if they even agree with the logic, and really, unless there is a legal impediment, the lawyer’s opinion is just that–an opinion. And if there are legal issues, they should be all about correcting this matter so you can do the deal, not rejecting the deal. That would be a good use of your lawyer. If your accountant feels there is too much risk, then he should express this. Still, it is your risk, not his, and the ultimate evaluation should be yours, not his. If either points out a fatal flaw then by all means listen to them, but when a lawyer or accountant simply tells you they do not like the deal and you should not do it, run for the hills and make the decision yourself.
I have followed the advice of attorneys and later wished I hadn’t. I have also not followed their advice and wish I had, but it was always my decision. I considered their opinions but ultimately made my own decisions and I am willing to live with the outcome. It is my business, I will decide. That is the right context–ask, listen, consider, and then decide on your own, taking into consideration the merits and drawbacks pointed out to you. Blindly taking advice is giving up your responsibility. You are the small business owner, they are not.