Answer the question behind the question

Most of the questions that reached my desk were not the real question. A team would ask whether they could say a particular thing in an ad, use a product name, etc. when what they actually needed was to launch by a date. Another would ask whether a clause was enforceable, when the real problem was a deal about to fall apart. Answer the literal question precisely and you can still be useless — correct on the law, blind to the goal.

So I made it a habit to ask three things before answering: what are you actually trying to accomplish, what happens if this slips, and what does a good outcome look like? Only then did I give the call. That is the difference between legal advice and counsel. Anyone can answer the question asked. The value is in answering the one underneath it.

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Know when not to escalate