Small Business Law & Estate Planning Attorney ~ I Help People and Businesses Protect their Legacies through Planning

I help families and small business owners protect their legacy and avoid costly legal pitfalls with clear, customized estate planning and business law solutions.

Many of my clients feel overwhelmed at the thought of “getting their affairs in order.” The legal jargon, the complexity, the time commitment; it all feels intimidating. I get it. That’s why I focus on making legal planning simple, efficient, and tailored to your real needs, not a stack of unnecessary documents you don’t understand.

Whether you're looking to create your first will, update your estate plan, or ensure your business is legally secure, I work with you at your pace to develop a plan that works for your life, not the law firm's billable hours.

One client put it this way:

“Andrew is a fantastic attorney. He was empathetic, deliberate, and professional—always quick to respond and extremely knowledgeable. He helped us navigate a stressful situation with clarity and confidence.”

I founded my firm to bring a more personal, transparent approach to legal services. No pressure. No sales pitch. Just smart, practical advice that protects what matters most to you—your family, your business, and your future.

Ready to take the next step? Schedule a Legal Strategy Session or download free planning tools at www.AndrewMAyers.com.

Andrew Ayers

The question that tells me a client isn't ready...

I declined a client last week. Here's the red flag that made me say no.

She wanted to start an LLC for her consulting business. Had a growing client list. Real revenue. Legitimate need for liability protection.

Then she asked: "What's the cheapest way to do this? I found a site that does it for $49."

I put my pen down.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘦𝘢𝘳𝘥 𝘵𝘩𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘔𝘰𝘳𝘦 𝘵𝘩𝘢𝘯 𝘐'𝘥 𝘭𝘪𝘬𝘦.)

I explained exactly what that $49 gets you:

→ A filing with the state
→ Maybe an EIN
→ No operating agreement
→ No guidance on maintaining corporate formalities
→ A piece of paper that won't protect you when someone sues

She nodded. Said she understood. Then asked if I could just do the filing part and skip the rest.

I told her I couldn't help her.

𝗪𝗵𝘆 𝗧𝗵𝗶𝘀 𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 𝗘𝗻𝗱𝘀 𝘁𝗵𝗲 𝗖𝗼𝗻𝘃𝗲𝗿𝘀𝗮𝘁𝗶𝗼𝗻:

→ It tells me they want the appearance of protection, not actual protection
→ It signals they'll skip the operating agreement, the separate bank account, the meeting minutes
→ It means they'll mix personal and business expenses because "it's easier"
→ It guarantees I'll see them again after a judge pierces their corporate veil

I've watched this play out. Client files online. Skips the formalities. Gets sued three years later. Opposing counsel goes straight for personal assets. Judge agrees in ten minutes.

The $49 they saved? It cost them everything they were trying to protect.

𝗪𝗵𝗮𝘁 𝗜 𝗧𝗲𝗹𝗹 𝗣𝗲𝗼𝗽𝗹𝗲 𝗪𝗵𝗼 𝗔𝘀𝗸 𝗧𝗵𝗶𝘀:

→ An LLC isn't a purchase. It's a commitment.
→ The state will happily take your filing fee without telling you what you're missing
→ Cheap setup usually means expensive problems
→ Come back when you're ready to do it right

Some attorneys will take that $49 client and upsell them later. I won't.

Because the client who's shopping for the cheapest option isn't looking for protection.

They're looking for a checkbox.

And checkboxes don't hold up in court.

Want my "Starting Your LLC: The First 4 Steps to Get it Right" checklist? DM me and I'll send it over.

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Estate Planning & Small Business Lawyer | Plain-English Legal Planning for Families & Founders | Wills • Trusts • LLCs

When AI plays lawyer

I asked ChatGPT to draft an operating agreement for a two-member LLC. Took about 30 seconds. Looked professional (but a bit shorter than I anticipated). Even had the tell-tale AI formatting.

Then I read it as opposing counsel would.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘦𝘴𝘦 𝘈𝘐-𝘨𝘦𝘯𝘦𝘳𝘢𝘵𝘦𝘥 𝘥𝘰𝘤𝘶𝘮𝘦𝘯𝘵𝘴 𝘪𝘯 𝘮𝘺 𝘰𝘧𝘧𝘪𝘤𝘦. 𝘔𝘰𝘳𝘦 𝘵𝘩𝘢𝘯 𝘐'𝘥 𝘭𝘪𝘬𝘦.)

𝗪𝗵𝗮𝘁 𝘁𝗵𝗲 𝗔𝗜 𝗚𝗼𝘁 𝗪𝗿𝗼𝗻𝗴:

→ 𝗗𝗲𝗮𝗱𝗹𝗼𝗰𝗸 𝗽𝗿𝗼𝘃𝗶𝘀𝗶𝗼𝗻: "Members shall negotiate in good faith." That's not a provision. That's a hope. What happens when good faith runs out and you're stuck 50/50? The AI didn't say.

→ 𝗩𝗮𝗹𝘂𝗮𝘁𝗶𝗼𝗻 𝗺𝗲𝘁𝗵𝗼𝗱: "Fair market value as determined by a qualified appraiser." Which appraiser? Whose appraiser? What methodology? I've seen partners spend $40,000 fighting over what "fair market value" means because nobody defined it upfront.

→ 𝗗𝗶𝘀𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻 𝗰𝗹𝗮𝘂𝘀𝗲𝘀: The AI gave me boilerplate about "distributions at the discretion of the members." Discretion becomes a weapon when one partner wants cash, and the other wants to reinvest.

→ 𝗕𝘂𝘆𝗼𝘂𝘁 𝘁𝗿𝗶𝗴𝗴𝗲𝗿𝘀: Nothing about death, disability, divorce, or deadlock. Nothing about what happens when one partner wants out, and the other doesn't. Just silence where the hard questions should be.

The document looked complete. It wasn't.

𝗪𝗵𝘆 𝗧𝗵𝗶𝘀 𝗠𝗮𝘁𝘁𝗲𝗿𝘀:

AI is trained on thousands of operating agreements. It knows what they look like. It doesn't know what yours needs to say.

It can't ask about your partner's risk tolerance. It doesn't know your spouse might have community property claims. It won't push back when you say "we'll figure it out."

I have a case going to trial because two partners had an operating agreement that looked professional but said nothing about what happens when they disagree.

𝗪𝗵𝗮𝘁 𝗔𝗜 𝗖𝗮𝗻'𝘁 𝗗𝗼:

→ Ask the uncomfortable questions before you need answers
→ Anticipate the fight you don't see coming
→ Know which generic clause will fail in your state
→ Push back when you're making a mistake

AI can draft a document in 30 seconds.

It just can't tell you whether it'll hold up in court.

And by the time you find out, you're paying for both attorneys.

The 50/50 partnership killer

Two business partners came to me in 2024. Best friends since college. Started a marketing agency together. Split everything 50/50.

"We agree on everything," they told me.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘦𝘢𝘳𝘥 𝘵𝘩𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘌𝘷𝘦𝘳𝘺 𝘱𝘢𝘳𝘵𝘯𝘦𝘳𝘴𝘩𝘪𝘱 𝘢𝘨𝘳𝘦𝘦𝘴 𝘰𝘯 𝘦𝘷𝘦𝘳𝘺𝘵𝘩𝘪𝘯𝘨. 𝘜𝘯𝘵𝘪𝘭 𝘵𝘩𝘦𝘺 𝘥𝘰𝘯'𝘵.)

I asked them one question: "What happens when you disagree?"

They looked at each other. Shrugged. "We'll figure it out."

Their operating agreement? Downloaded from the internet. No deadlock provision. No tie-breaker mechanism. No buyout process.

I gave them my recommendations. They chose to leave them for another day.

Eight months later, one partner wanted to hire a sales director. The other wanted to invest in new software. They couldn't afford both.

One vote for hiring. One vote for software.

50/50. Complete standstill.

Both scheduled meetings with me separately. I told them both I can't get involved.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗲 𝗠𝗶𝘀𝘀𝗶𝗻𝗴 𝗖𝗹𝗮𝘂𝘀𝗲 𝗖𝗼𝘀𝘁 𝗧𝗵𝗲𝗺:

→ Six months of paralysis while competitors moved
→ $40,000 in legal fees trying to unwind the partnership
→ A friendship that ended in a mediation room
→ A business that sold for half its value because neither could buy the other out

The clause that was missing? A deadlock resolution provision. Three sentences that would have cost them $500 to draft.

𝗪𝗵𝗮𝘁 𝗘𝘃𝗲𝗿𝘆 𝟱𝟬/𝟱𝟬 𝗣𝗮𝗿𝘁𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝗡𝗲𝗲𝗱𝘀:

→ Deadlock provision: What happens when you can't agree
→ Tie-breaker mechanism: Third-party mediator, rotating authority, or coin flip
→ Buyout trigger: How either partner can exit without destroying the business
→ Valuation method: Agreed-upon formula before emotions run high

Equal ownership doesn't require equal paralysis.

The partnerships that survive? They plan for disagreement before they disagree. They build the exit door while they still like each other.

Your partner might be different.

But math isn't. One vote plus one vote equals zero decisions.

And no amount of friendship survives a six-month standstill.

The LLC dissolution headed to trial

I have a case going to trial at the end of April. Two partners. Had a business together. Never had an operating agreement.

My client said to me last week: "This has taken forever."

I had to tell him: "It hasn't even been two years."

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘢𝘥 𝘵𝘩𝘪𝘴 𝘤𝘰𝘯𝘷𝘦𝘳𝘴𝘢𝘵𝘪𝘰𝘯 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘍𝘰𝘳 𝘤𝘰𝘯𝘵𝘦𝘴𝘵𝘦𝘥 𝘭𝘪𝘵𝘪𝘨𝘢𝘵𝘪𝘰𝘯, 𝘵𝘸𝘰 𝘺𝘦𝘢𝘳𝘴 𝘪𝘴 𝘢𝘤𝘵𝘶𝘢𝘭𝘭𝘺 𝘧𝘢𝘴𝘵.)

When the partnership went sideways, there was nothing to guide the exit. No buyout process. No valuation method. No deadlock provision. Just two people who used to be friends, now fighting over how to unwind something they never properly built.

We went to mediation. My client has real damages. The other partner just wants it dissolved without paying anything.

Their offer? "You pay us fifty thousand, and we'll walk away."

That's what it costs my client to go to trial.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗲 𝗠𝗶𝘀𝘀𝗶𝗻𝗴 𝗢𝗽𝗲𝗿𝗮𝘁𝗶𝗻𝗴 𝗔𝗴𝗿𝗲𝗲𝗺𝗲𝗻𝘁 𝗖𝗼𝘀𝘁:

→ Two years of litigation instead of a clean exit
→ Legal fees that could have funded the next business
→ A trial date with no resolution in sight
→ Two former partners who now communicate through attorneys

The operating agreement they skipped? Would have cost them a bit of money and a couple hours of uncomfortable conversation.

𝗪𝗵𝗮𝘁 𝗘𝘃𝗲𝗿𝘆 𝗣𝗮𝗿𝘁𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝗡𝗲𝗲𝗱𝘀 𝗕𝗲𝗳𝗼𝗿𝗲 𝗗𝗮𝘆 𝗢𝗻𝗲:

→ Buyout trigger: How either partner can exit
→ Valuation method: Agreed-upon formula before emotions run high
→ Deadlock provision: What happens when you can't agree
→ Dissolution process: How to unwind without a courtroom

The partners who avoid this? They have the hard conversation when they still like each other. They build the exit door before they need it.

Your business partner might be different.

But two years of litigation looks the same for everyone.

And no amount of optimism survives a trial date.

"The minute my wife was pregnant, I knew I needed this."

I was at our INC Group meeting yesterday when Jeremy James dropped a great way to look at estate planning.

He's in the real estate industry and deals with five to eight probates a month. Sees families torn apart by poor planning constantly.

But he wasn't talking about his clients. He was talking about himself.

"I'll sleep way better at night," he said. "Once you get over that conversation of 'yeah, we're all going to die someday,' you realize—if it happens tomorrow, everyone's taken care of."

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘦𝘢𝘳𝘥 𝘵𝘩𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘌𝘷𝘦𝘳𝘺𝘰𝘯𝘦 𝘱𝘢𝘯𝘪𝘤𝘴 𝘢𝘣𝘰𝘶𝘵 𝘵𝘩𝘪𝘯𝘬𝘪𝘯𝘨 𝘢𝘣𝘰𝘶𝘵 𝘪𝘵. 𝘜𝘯𝘵𝘪𝘭 𝘵𝘩𝘦𝘺 𝘧𝘪𝘯𝘢𝘭𝘭𝘺 𝘥𝘰 𝘪𝘵.)

Here's what most people don't realize about estate planning:

The hardest part isn't the documents. It's having the conversation with yourself.

Admitting mortality. Thinking through the what-ifs. Facing the uncomfortable reality that life doesn't wait for convenient timing.

But once you push through that discomfort? Relief.

Not anxiety. Not dread. Just the quiet confidence that comes from knowing your family is protected.

𝗪𝗵𝗮𝘁 𝗣𝗲𝗮𝗰𝗲 𝗼𝗳 𝗠𝗶𝗻𝗱 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗟𝗼𝗼𝗸𝘀 𝗟𝗶𝗸𝗲:

→ Sleeping better because the plan exists
→ Knowing exactly who handles what if something happens
→ No scrambling for documents during a crisis
→ Your family protected, not burdened

And here's something else that may surprise you: your documents don't expire.

I have clients come in with twenty-five-year-old wills that are still valid. If they got hit by a bus on the way out of my office? They were covered. They just have some changes they want to make now.

The investment you make today protects your family for decades.

The conversation everyone avoids? It takes an hour.

The peace of mind that follows? It lasts the rest of your life.

Usually, I'm in the audience for the presentations, but yesterday was my turn to present on some foundational estate planning principles.

If you're in the Twin Cities area and are interested in learning more about our INC Group, shoot me or Tony Rubin a DM.

CEO of The James Gang Real Estate Consultants of Keller Williams Owner and founder of D1 Training Savage

Financial Advisor at Rudin & Rubin Financial Group of Wells Fargo Advisors

The 3 clauses that fail in court

I've rewritten many operating agreements. Most have the same three problems.

These aren't typos. They're ticking time bombs that explode when partners stop getting along.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘦𝘢𝘤𝘩 𝘰𝘧 𝘵𝘩𝘦𝘴𝘦 𝘧𝘢𝘪𝘭 𝘪𝘯 𝘳𝘦𝘢𝘭 𝘵𝘪𝘮𝘦.)

𝗖𝗹𝗮𝘂𝘀𝗲 #𝟭: "𝗠𝗲𝗺𝗯𝗲𝗿𝘀 𝘀𝗵𝗮𝗹𝗹 𝗮𝗴𝗿𝗲𝗲 𝗼𝗻 𝗮𝗹𝗹 𝗺𝗮𝗷𝗼𝗿 𝗱𝗲𝗰𝗶𝘀𝗶𝗼𝗻𝘀."

Sounds reasonable. Until they don't agree.

No deadlock provision. No tiebreaker. No path forward. Two 50/50 partners who hate each other, frozen in place. The business dies while they argue.

𝗖𝗹𝗮𝘂𝘀𝗲 #𝟮: "𝗔 𝗺𝗲𝗺𝗯𝗲𝗿 𝗺𝗮𝘆 𝘀𝗲𝗹𝗹 𝘁𝗵𝗲𝗶𝗿 𝗶𝗻𝘁𝗲𝗿𝗲𝘀𝘁 𝗮𝘁 𝗳𝗮𝗶𝗿 𝗺𝗮𝗿𝗸𝗲𝘁 𝘃𝗮𝗹𝘂𝗲."

Fair market value according to whom?

One partner thinks the business is worth $2 million. The other says $500K. Now you're paying two business appraisers to fight in court.

𝗖𝗹𝗮𝘂𝘀𝗲 #𝟯: "𝗗𝗶𝘀𝘁𝗿𝗶𝗯𝘂𝘁𝗶𝗼𝗻𝘀 𝘀𝗵𝗮𝗹𝗹 𝗯𝗲 𝗺𝗮𝗱𝗲 𝗮𝘀 𝗱𝗲𝘁𝗲𝗿𝗺𝗶𝗻𝗲𝗱 𝗯𝘆 𝘁𝗵𝗲 𝗺𝗲𝗺𝗯𝗲𝗿𝘀."

Translation: The partner who controls the checkbook decides when anyone gets paid.

I've seen majority owners starve out minority partners for years. No distributions. No recourse. The minority partner's ownership becomes worthless on paper.

𝗪𝗵𝘆 𝗧𝗵𝗲𝘀𝗲 𝗞𝗲𝗲𝗽 𝗦𝗵𝗼𝘄𝗶𝗻𝗴 𝗨𝗽:

→ Template agreements pulled from the internet
→ Attorneys who don't litigate these disputes
→ Partners who think they'll always get along
→ "We'll figure it out later" mentality

The operating agreements that hold up? They assume the partnership will fail. They build the exit before anyone needs it.

Your business partner might be different.

But vague language reads the same to every judge.

And "we'll work it out" isn't a clause that holds up in court.

The search history that cost a client $200K...

He had been representing himself and came to me mid-divorce (because his friend used me for his divorce back in 2009), and he felt like he was in over his head. But, he said he'd done his research, and he wanted to "get creative" with some business assets before discovery.

I referred him out to a friend of mine, who unfortunately stepped into a wasp's nest of discovery issues.

What the client hadn't paid attention to while representing himself? His wife's attorney had already sent out a variety of subpoenas and retained a computer forensic expert.

The searches they found:

→ "how to hide money from divorce"
→ "can wife find LLC assets"
→ "transfer property to family member divorce"
→ "offshore accounts legal"

He'd Googled his entire strategy before walking into my office.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘗𝘦𝘰𝘱𝘭𝘦 𝘵𝘩𝘪𝘯𝘬 𝘪𝘯𝘤𝘰𝘨𝘯𝘪𝘵𝘰 𝘮𝘰𝘥𝘦 𝘮𝘦𝘢𝘯𝘴 𝘪𝘯𝘷𝘪𝘴𝘪𝘣𝘭𝘦. 𝘐𝘵 𝘥𝘰𝘦𝘴𝘯'𝘵.)

Once the computer data was analyzed, the forensic accountant didn't even need to trace the money. The search history was the roadmap. Every query showed intent. Every timestamp showed premeditation.

The judge saw a man who planned to deceive the court before he ever filed a motion.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗮𝘁 𝗦𝗲𝗮𝗿𝗰𝗵 𝗛𝗶𝘀𝘁𝗼𝗿𝘆 𝗖𝗼𝘀𝘁 𝗛𝗶𝗺:

→ Lost credibility on every financial claim he made
→ Judge awarded wife more than 50% of their assets
→ Sanctioned for discovery abuse
→ Paid the wife's attorneys' fees
→ Extra $200K gone because he thought Google was private

The internet doesn't outsmart forensic accountants. It creates evidence for them.

𝗪𝗵𝗮𝘁 𝗣𝗲𝗼𝗽𝗹𝗲 𝗗𝗼𝗻'𝘁 𝗨𝗻𝗱𝗲𝗿𝘀𝘁𝗮𝗻𝗱 𝗔𝗯𝗼𝘂𝘁 𝗗𝗶𝘀𝗰𝗼𝘃𝗲𝗿𝘆:

→ Browser history is discoverable
→ Deleted searches can be recovered
→ Your phone backs up more than you think
→ "Research" looks like "planning" to a judge

The clients who protect themselves? They don't Google schemes. They hire professionals before there's a problem.

Your search bar isn't a consultation.

It's a confession waiting to be subpoenaed.

And as you probably know already, it's only a matter of time before your chats with an AI are marked as Exhibit A in a trial...

5 questions that DIY website won't ask

I review a lot of estate plans that people tried to DIY. Most have the same problem.

The documents are technically correct. The forms are filled out. Sometimes the signatures are notarized.

But websites don'ts ask the questions that actually matter.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘦 𝘳𝘦𝘴𝘶𝘭𝘵𝘴 𝘸𝘩𝘦𝘯 𝘵𝘩𝘦𝘺 𝘥𝘰𝘯'𝘵.)

𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 #𝟭: "𝗛𝗮𝘃𝗲 𝘆𝗼𝘂 𝘁𝗮𝗹𝗸𝗲𝗱 𝘁𝗼 𝘁𝗵𝗲 𝗽𝗲𝗼𝗽𝗹𝗲 𝘆𝗼𝘂'𝗿𝗲 𝗻𝗮𝗺𝗶𝗻𝗴?"

Your personal representative might not want the job. Your healthcare agent might freeze under pressure. Your trustee might have no idea what you expect from them.

Naming someone in a document isn't the same as preparing them.

𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 #𝟮: "𝗪𝗵𝗮𝘁 𝗵𝗮𝗽𝗽𝗲𝗻𝘀 𝗶𝗳 𝘆𝗼𝘂𝗿 𝗳𝗶𝗿𝘀𝘁 𝗰𝗵𝗼𝗶𝗰𝗲 𝗰𝗮𝗻'𝘁 𝘀𝗲𝗿𝘃𝗲?"

I had a case last summer. Client's mother named her brother as personal representative. He'd had a stroke two years earlier. Couldn't manage his own finances, let alone hers.

No alternate named. Four months of family conflict over who would step in.

𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 #𝟯: "𝗪𝗵𝗮𝘁 𝗸𝗲𝗲𝗽𝘀 𝘆𝗼𝘂 𝘂𝗽 𝗮𝘁 𝗻𝗶𝗴𝗵𝘁?"

Most families don't need protection from probate court. They need protection from Tuesday afternoon emergencies.

Who makes decisions if both spouses are incapacitated? Who has access to accounts? Where are the documents?

𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 #𝟰: "𝗗𝗼 𝘆𝗼𝘂𝗿 𝗸𝗶𝗱𝘀 𝗵𝗮𝘃𝗲 𝗱𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁 𝗿𝗲𝗹𝗮𝘁𝗶𝗼𝗻𝘀𝗵𝗶𝗽𝘀 𝘄𝗶𝘁𝗵 𝗺𝗼𝗻𝗲𝘆?"

Equal inheritance doesn't require equal control. The kid who knows the business should run the business. Give the others their share without giving them a vote.

𝗤𝘂𝗲𝘀𝘁𝗶𝗼𝗻 #𝟱: "𝗪𝗵𝗲𝗻 𝗱𝗶𝗱 𝘆𝗼𝘂 𝗹𝗮𝘀𝘁 𝗿𝗲𝘃𝗶𝗲𝘄 𝘁𝗵𝗶𝘀?"

The personal representative you named five years ago might not be the right choice today. Health changes. Relationships change. People move away.

Your estate plan should keep up.

The attorneys who ask these questions aren't trying to bill more hours.

They're trying to build plans that actually work when families need them.

Because a signed document isn't a plan.

It's just the beginning of one.

The personal representative who couldn't serve

Last summer, a client's mother passed away. She'd named her brother as personal representative of her estate.

One problem: He'd had a stroke two years ago. Couldn't manage his own finances, let alone hers.

The will was ten years old. Back then, he was the obvious choice. Responsible. Local. Knew the family.

Now? He couldn't sign his own name.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘔𝘰𝘳𝘦 𝘵𝘩𝘢𝘯 𝘐'𝘥 𝘭𝘪𝘬𝘦.)

Under Minnesota law, when a named personal representative can't serve, things get complicated fast.

𝗪𝗵𝗮𝘁 𝗛𝗮𝗽𝗽𝗲𝗻𝘀 𝗪𝗵𝗲𝗻 𝗬𝗼𝘂𝗿 𝗣𝗥 𝗖𝗮𝗻'𝘁 𝗦𝗲𝗿𝘃𝗲:

→ If you named an alternate, they step in
→ If you didn't, the court follows a statutory priority list
→ Surviving spouse gets first priority
→ Then adult children
→ Then other heirs
→ If multiple people have equal priority and can't agree, the court decides

My client's family? No alternate named. Three adult children. Two wanted to serve. One didn't trust the other two.

We spent four months sorting out who would administer an estate that should have taken four weeks.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗮𝘁 𝗠𝗶𝘀𝘀𝗶𝗻𝗴 𝗔𝗹𝘁𝗲𝗿𝗻𝗮𝘁𝗲 𝗖𝗼𝘀𝘁:

→ Legal fees that ate into the inheritance
→ Four months of family tension
→ Assets sitting frozen while siblings argued
→ Relationships strained over a problem that didn't need to exist

𝗛𝗼𝘄 𝘁𝗼 𝗣𝗿𝗲𝗽𝗮𝗿𝗲 𝗦𝗼 𝗧𝗵𝗶𝘀 𝗗𝗼𝗲𝘀𝗻'𝘁 𝗛𝗮𝗽𝗽𝗲𝗻:

→ Name at least one alternate personal representative
→ Consider naming two alternates if your first choice is older
→ Review your documents at least every 3 years
→ Have the conversation with your choices before you need them
→ Make sure your alternates actually want the job

The personal representative you named five years ago might not be the right choice today.

Health changes. Relationships change. People move away.

Your estate plan should keep up.

Because the court will happily appoint someone to handle your affairs.

It just might not be who you would have chosen.

The client who did his homework

Had a call this week with a guy looking to move rental properties into LLCs. Before we even got started, he said something I don't hear often:

"I dug through my mortgage documents last night. Found a section about assumptions."

He'd located the exact clause. Read the fine print. Identified that his lender wouldn't allow assumption of the loan on original terms.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘢𝘥 𝘤𝘭𝘪𝘦𝘯𝘵𝘴 𝘸𝘩𝘰 𝘥𝘪𝘥𝘯'𝘵 𝘬𝘯𝘰𝘸 𝘵𝘩𝘦𝘺 𝘩𝘢𝘥 𝘢 𝘮𝘰𝘳𝘵𝘨𝘢𝘨𝘦 𝘰𝘯 𝘵𝘩𝘦 𝘱𝘳𝘰𝘱𝘦𝘳𝘵𝘺.)

That one clause? It changed our entire strategy for that property. Instead of assuming we could transfer freely, we now knew to call the lender first. Ask permission. Get it in writing.

Most people sign contracts and file them away. They trust that someone else will catch the important stuff later.

𝗪𝗵𝗮𝘁 𝗡𝗼𝘁 𝗥𝗲𝗮𝗱𝗶𝗻𝗴 𝗬𝗼𝘂𝗿 𝗖𝗼𝗻𝘁𝗿𝗮𝗰𝘁𝘀 𝗖𝗮𝗻 𝗖𝗼𝘀𝘁:

→ Due-on-sale clauses triggered unexpectedly
→ Transfer restrictions you didn't know existed
→ Penalties buried in paragraph 47
→ Opportunities missed because you didn't know your options

I work with a mortgage broker who used to say lenders never enforce due-on-sale clauses on LLC transfers. Then last spring, a client's lender sold their mortgage to a private equity-backed company. New lender said no.

The assumption that "it'll be fine" doesn't hold up when ownership changes hands.

𝗪𝗵𝗮𝘁 𝗘𝘃𝗲𝗿𝘆 𝗣𝗿𝗼𝗽𝗲𝗿𝘁𝘆 𝗢𝘸𝗻𝗲𝗿 𝗦𝗵𝗼𝘂𝗹𝗱 𝗗𝗼:

→ Pull out your mortgage documents tonight
→ Search for "transfer," "assumption," and "due on sale"
→ Know what your lender can and can't restrict
→ Call before you act, not after

Your attorney can guide the strategy. But we can't catch what we don't know exists.

The clients who come prepared? They save time, avoid surprises, and make better decisions.

Your contracts aren't just paperwork to file away.

They're the rules of the game you're playing.

Read them before someone else uses them against you.

Why didn't you go back to Steve?

I clean up a lot of estate plans that other attorneys drafted. It's become a regular part of my practice.

When new clients come in, I always ask: "You worked with someone before. Why didn't you go back to them?"

The answers are almost always the same:

"I don't remember who it was."

"I didn't have a good experience."

"They never followed up. I figured they didn't care."

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘦𝘢𝘳𝘥 𝘵𝘩𝘪𝘴 𝘦𝘯𝘰𝘶𝘨𝘩 𝘵𝘪𝘮𝘦𝘴 𝘵𝘰 𝘴𝘦𝘦 𝘵𝘩𝘦 𝘱𝘢𝘵𝘵𝘦𝘳𝘯.)

The thing is, "Steve" probably thinks his client is still his client. "Steve" has no idea they're sitting in my office saying, "yeah, forget Steve, I'm starting fresh."

𝗪𝗵𝗮𝘁 𝗟𝗼𝘀𝗶𝗻𝗴 𝗧𝗼𝘂𝗰𝗵 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗖𝗼𝘀𝘁𝘀:

→ The update they needed three years later
→ The referral they would have made without thinking
→ The trust they built that walked out the door
→ Revenue that went to someone who stayed in touch

Estate planning isn't a one-time transaction. Life changes. Kids grow up. Assets shift. Marriages happen. Divorces happen. The documents need to keep up.

But if your clients can't remember your name, they're not calling you when things change.

𝗪𝗵𝗮𝘁 𝗦𝘁𝗮𝘆𝗶𝗻𝗴 𝗶𝗻 𝗧𝗼𝘂𝗰𝗵 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗟𝗼𝗼𝗸𝘀 𝗟𝗶𝗸𝗲:

→ An annual check-in, even just an email
→ Content that reminds them you exist
→ Being the person they think of when something changes
→ Making it easy to come back

I'm not saying this to criticize other attorneys. I'm saying it because I've been on both sides.

The clients who come back? They remember how you made them feel. They remember that you followed up. They remember that you seemed to care about more than the transaction.

The clients who don't come back? They just remember that someone named "Steve" did their will once.

And "Steve" never hears about it.

Your best marketing isn't finding new clients.

It's making sure the ones you have don't forget you exist.

No pilot. No flight.

Our Delta flight got delayed this week. Not because of weather. Not because of mechanical issues.

Because no pilot was scheduled to fly the plane.

We boarded. Sat down. Got comfortable. Then the announcement came: "We need everyone to deplane. There's no pilot assigned to this flight."

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘸𝘪𝘴𝘩 𝘐 𝘸𝘢𝘴 𝘮𝘢𝘬𝘪𝘯𝘨 𝘵𝘩𝘪𝘴 𝘶𝘱.)

A few hours later, they found someone. We finally took off.

But I kept thinking about it.

𝗪𝗵𝗮𝘁 𝗢𝗻𝗲 𝗠𝗶𝘀𝘀𝗶𝗻𝗴 𝗣𝗶𝗲𝗰𝗲 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗖𝗼𝘀𝘁:

→ Hundreds of passengers delayed
→ Missed connections rippling through the system
→ Gate agents scrambling to manage frustrated travelers
→ A multi-billion dollar operation grinding to a halt

Delta has sophisticated scheduling software. Thousands of employees. Decades of operational experience.

And none of it mattered because one line item was missing from a spreadsheet somewhere.

𝗪𝗵𝘆 𝗧𝗵𝗶𝘀 𝗛𝗮𝗽𝗽𝗲𝗻𝘀:

→ Complex systems create blind spots
→ Everyone assumes someone else is checking
→ The basics get overlooked while teams focus on optimization
→ No redundancy for the things that seem "obvious"

I see this in business planning all the time. Clients build elaborate structures but miss the foundational piece that holds everything together. The operating agreement nobody reviewed. The succession plan that assumed everyone would get along. The backup that was never tested.

The plane was ready. The crew was ready. The passengers were ready.

But without the one person who could actually fly it, nothing moved.

Your system is only as strong as the piece you forgot to check.

𝙋.𝙎. 𝙄 𝙘𝙝𝙖𝙡𝙠 𝙩𝙝𝙞𝙨 𝙪𝙥 𝙩𝙤 𝙩𝙝𝙚 𝙛𝙖𝙘𝙩 𝙩𝙝𝙖𝙩, 𝙮𝙚𝙩 𝙖𝙜𝙖𝙞𝙣, 𝙄 𝙙𝙞𝙙𝙣'𝙩 𝙧𝙪𝙣 𝙞𝙣𝙩𝙤 Kristi Paulson 𝙖𝙩 𝙩𝙝𝙚 𝙖𝙞𝙧𝙥𝙤𝙧𝙩...

The hidden cost of free AI tools

Our resident cybersecurity expert Christopher Steffl said something at our INC meeting last week that hit us all pretty hard:

"If it's free, do not use it. Your data is worth far more than your subscription."

He works with small businesses on security. His firm now immediately drops free AI tool use by their clients.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘵𝘩𝘢𝘵 𝘴𝘰𝘶𝘯𝘥𝘴 𝘦𝘹𝘵𝘳𝘦𝘮𝘦. 𝘜𝘯𝘵𝘪𝘭 𝘺𝘰𝘶 𝘶𝘯𝘥𝘦𝘳𝘴𝘵𝘢𝘯𝘥 𝘸𝘩𝘺.)

He told us about a design shop client. Twenty-five years of intellectual property. Proprietary designs. Client information. Trade secrets.

They uploaded all of it into free AI tools because they thought they had to "ride the wave."

That data? Now training models. Potentially searchable. Definitely not private.

𝗪𝗵𝗮𝘁 𝗠𝗼𝘀𝘁 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀𝗲𝘀 𝗗𝗼𝗻'𝘁 𝗥𝗲𝗮𝗹𝗶𝘇𝗲:

→ Free tools need your data to train their models, that's the business model
→ What you upload can be searched by others asking the right questions
→ Your "private" business conversations may not be private at all
→ Employees are dumping sensitive information into ChatGPT with no policies in place

And here's where it gets interesting for my world:

A recent court decision found that what you submit to AI tools isn't protected by attorney-client privilege. Meaning if you're asking ChatGPT legal questions about your business dispute, that conversation could be discoverable in litigation.

Our next round of discovery requests will include: "What does your ChatGPT history show?"

𝗪𝗵𝗮𝘁 𝗬𝗼𝘂 𝗦𝗵𝗼𝘶𝗹𝗱 𝗕𝗲 𝗗𝗼𝗶𝗻𝗴:

→ Pay for the tools you use (the paid versions often have better privacy protections)
→ Never upload confidential client information to free AI
→ Create clear AI policies for your employees
→ Use general terms, don't use real names, real companies, real deal details
→ If you need legal advice, ask your attorney, not an AI

Chris put it simply: "They need the data to train the models. That's why it's free."

Your intellectual property. Your client information. Your competitive advantage.

That's what you're paying with.

The subscription you're avoiding? It's cheaper than what you're giving away.

If you're in the Twin Cities area and are interested in learning more about our INC Group, shoot me or Tony Rubin a DM.

The $40,000 comma.

I mentioned this case in a recent post. Partners fighting over what "fair market value" means because nobody defined it upfront.

Here's the full story.

Two members. 50/50 LLC. Five years of building something together. Then one wanted out.

Their operating agreement said the departing member would be bought out at "fair market value, as determined by a qualified appraiser."

Sounds reasonable. It wasn't.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘦𝘹𝘢𝘤𝘵 𝘧𝘪𝘨𝘩𝘵 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘔𝘰𝘳𝘦 𝘵𝘩𝘢𝘯 𝘐'𝘥 𝘭𝘪𝘬𝘦.)

𝗪𝗵𝗲𝗿𝗲 𝘁𝗵𝗲 𝗙𝗶𝗴𝗵𝘁 𝗦𝘁𝗮𝗿𝘁𝗲𝗱:

→ Which appraiser? Each partner wanted their own.
→ What methodology? One wanted asset-based. The other wanted income-based. Difference: $180,000.
→ What date? Value as of the exit notice? The actual buyout? Six months earlier when things were better?
→ Minority discount? The agreement didn't say. One side argued yes. The other said no.

The clause was twelve words. The dispute lasted fourteen months.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗮𝘁 𝗔𝗺𝗯𝗶𝗴𝘂𝗶𝘁𝘆 𝗖𝗼𝘀𝘁:

→ $40,000+ in combined legal fees
→ A business that couldn't make decisions while the owners fought
→ Two people who started as friends and ended as opposing parties
→ Fourteen months of uncertainty for employees, vendors, and customers

The buyout that should have taken 60 days took over a year.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗲 𝗖𝗹𝗮𝘂𝘀𝗲 𝗦𝗵𝗼𝘂𝗹𝗱 𝗛𝗮𝘃𝗲 𝗦𝗮𝗶𝗱:

→ Name the valuation method (multiple of EBITDA, book value, third-party appraisal)
→ Specify who selects the appraiser (or use a process: each picks one, those two pick a third)
→ Define the valuation date
→ State whether minority/marketability discounts apply
→ Set a timeline for completion

The partners who avoid this? They answer these questions when they still like each other. When emotions aren't running high. When "fair" is something they can agree on.

Your operating agreement might have the same twelve words theirs did.

Read it again.

Because the clause that looks complete today becomes the fight you can't afford tomorrow.

The conversation before you sign

"My business partner is also my best friend."

I hear this in consultations. Usually from someone excited about a new venture. They've got the idea, the energy, the handshake agreement.

What they don't have? The exit plan.

I sit across from them and ask one question:

"What happens when you disagree on something that matters?"

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘩𝘢𝘥 𝘵𝘩𝘪𝘴 𝘤𝘰𝘯𝘷𝘦𝘳𝘴𝘢𝘵𝘪𝘰𝘯 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘛𝘩𝘦 𝘢𝘯𝘴𝘸𝘦𝘳 𝘪𝘴 𝘢𝘭𝘸𝘢𝘺𝘴 𝘵𝘩𝘦 𝘴𝘢𝘮𝘦: "𝘞𝘦'𝘭𝘭 𝘧𝘪𝘨𝘶𝘳𝘦 𝘪𝘵 𝘰𝘶𝘵.")

I have a case going to trial at the end of April. Two partners. Started as friends. No operating agreement.

They didn't figure it out. Now they communicate through attorneys.

𝗪𝗵𝗮𝘁 𝗜 𝗧𝗲𝗹𝗹 𝗖𝗹𝗶𝗲𝗻𝘁𝘀 𝗪𝗵𝗼 𝗦𝗮𝘆 "𝗕𝗲𝘀𝘁 𝗙𝗿𝗶𝗲𝗻𝗱":

→ The friendship is exactly why you need the agreement
→ You're not planning for betrayal. You're planning for disagreement.
→ People change. Priorities shift. Life happens.
→ The document protects the relationship, not just the business

The partners who stay friends? They had the uncomfortable conversation when they still liked each other. They agreed on the exit before they needed one.

𝗪𝗵𝗮𝘁 𝗘𝘃𝗲𝗿𝘆 𝗣𝗮𝗿𝘁𝗻𝗲𝗿𝘀𝗵𝗶𝗽 𝗡𝗲𝗲𝗱𝘀 𝗕𝗲𝗳𝗼𝗿𝗲 𝗗𝗮𝘆 𝗢𝗻𝗲:

→ Buyout trigger: How either partner can exit
→ Valuation method: Agreed-upon formula before emotions run high
→ Deadlock provision: What happens when you can't agree
→ Dissolution process: How to unwind without a courtroom

The operating agreement isn't a sign that you don't trust your partner.

It's a sign you respect the friendship enough to protect it.

Your best friend might be different.

But two years of litigation look the same for everyone.

And no amount of optimism survives a trial date.

Delta's AI couldn't help me rebook my flight

The winter storm hit over the weekend. Our flight got canceled.

So I did what everyone does: I opened the Delta app and started chatting with their AI assistant.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘬𝘯𝘰𝘸 𝘣𝘦𝘵𝘵𝘦𝘳. 𝘉𝘶𝘵 𝘐 𝘵𝘳𝘪𝘦𝘥 𝘢𝘯𝘺𝘸𝘢𝘺.)

The AI gave me three options. None of them worked for my situation. I asked for something else. It gave me the same three options again. I tried rephrasing. Same three options.

Then I asked to speak to a human.

"Due to high call volume, the estimated wait time is 4 hours."

Four hours. To talk to someone who could actually solve my problem.

𝗪𝗵𝗮𝘁 𝗔𝗜 𝗖𝘂𝘀𝘁𝗼𝗺𝗲𝗿 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗖𝗼𝘀𝘁𝘀:

→ Works great when your question fits the script
→ Falls apart the moment you need real problem-solving
→ Creates the illusion of service while blocking access to humans
→ Saves the company money while costing you time

Here's the thing: AI is fantastic for routine tasks. Check my flight status? Perfect. Change my seat? No problem. Handle a canceled flight during a weather emergency when I need creative rebooking? Not even close.

𝗪𝗵𝗮𝘁 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀𝗲𝘀 𝗚𝗲𝘁 𝗪𝗿𝗼𝗻𝗴 𝗔𝗯𝗼𝘂𝘁 𝗔𝗜:

→ They use it to replace humans, not support them
→ They optimize for cost savings, not customer outcomes
→ They forget that the hardest moments are when people need help most
→ They assume AI can handle nuance. It can't.

I've been writing about AI a lot lately. The privacy risks. The legal implications. But this weekend reminded me of the simplest problem:

AI is a tool. It's not a relationship.

And when things go sideways, people don't want a chatbot.

They want someone who can actually help.

Your AI strategy shouldn't be "replace humans." It should be "free humans up for the moments that matter."

Because a stranded traveler doesn't need three scripted options.

They need someone who can think.

In the end, I threw on my headphones and waited on hold.

When I finally got a human on the line? Issue resolved in about 3 minutes...

The AI liability clause you're missing

My plumber's AI cost them $2,000. Here's the Terms of Service language that would have protected them.

I figured it's about time to close the loop on my February plumbing experience.

Quick recap: I called my plumber. An AI answered. It asked three questions and booked the wrong service. When the tech showed up, he couldn't solve my problem. I called a different plumber. They showed up on time. Fixed everything. Left with $2,000.

That money should have gone to my old plumber.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘯𝘰𝘸 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘧𝘳𝘰𝘮 𝘣𝘰𝘵𝘩 𝘴𝘪𝘥𝘦𝘴, 𝘢𝘴 𝘢 𝘧𝘳𝘶𝘴𝘵𝘳𝘢𝘵𝘦𝘥 𝘤𝘶𝘴𝘵𝘰𝘮𝘦𝘳 𝘢𝘯𝘥 𝘢𝘴 𝘵𝘩𝘦 𝘢𝘵𝘵𝘰𝘳𝘯𝘦𝘺 𝘸𝘩𝘰 𝘨𝘦𝘵𝘴 𝘵𝘩𝘦 𝘤𝘢𝘭𝘭 𝘸𝘩𝘦𝘯 𝘵𝘩𝘪𝘯𝘨𝘴 𝘨𝘰 𝘸𝘳𝘰𝘯𝘨.)

Before my plumbing experience, a prospective client walked into my office. His AI chatbot had told a customer their order would arrive in 2 days. Guaranteed it. Used that exact word.

The order took 3 weeks. Customer sued for breach of contract.

His defense? "The AI said it, not me."

What the judge is going to say: "𝘠𝘰𝘶𝘳 𝘈𝘐. 𝘠𝘰𝘶𝘳 𝘭𝘪𝘢𝘣𝘪𝘭𝘪𝘵𝘺."

𝗪𝗵𝗮𝘁 𝗠𝗼𝘀𝘁 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀𝗲𝘀 𝗔𝗿𝗲 𝗠𝗶𝘀𝘀𝗶𝗻𝗴:

→ AI output disclaimers in terms of service
→ Clear language that automated responses aren't guarantees
→ Limitations on what AI can promise customers
→ Indemnification clauses with AI vendors
→ Human verification requirements for binding commitments

My plumber's terms of service? Probably written before ChatGPT existed. Before AI chatbots became standard.

They updated their technology. They didn't update their legal documents.

One bad AI interaction cost them $2,000 in lost revenue.

For the business owner in my office? The lawsuit will cost a lot more.

Your AI is making promises on your behalf right now. Every response. Every recommendation. Every "guarantee."

The question isn't whether your AI will say something wrong.

It's whether your contracts protect you when it does.

The airport test for your business plan

I'm flying home to Minneapolis tonight. And I already know what I'll see at the gate.

The white-knucklers. Pacing. Refreshing the app every 30 seconds. Panicking over a 15-minute delay like it's a personal attack from the universe.

Then there's the other group. Reading a book. Sipping coffee. Maybe checking the board once an hour.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘣𝘦𝘦𝘯 𝘣𝘰𝘵𝘩 𝘰𝘧 𝘵𝘩𝘦𝘴𝘦 𝘱𝘦𝘰𝘱𝘭𝘦.)

The difference isn't personality. It's preparation.

The calm travelers built in buffer time. They have backup plans. They know that delays happen and they've already decided how they'll handle it.

The anxious ones? They're reacting to every update because they have no margin for error.

𝗜 𝗦𝗲𝗲 𝗧𝗵𝗲 𝗦𝗮𝗺𝗲 𝗧𝘄𝗼 𝗧𝘆𝗽𝗲𝘀 𝗪𝗮𝗹𝗸 𝗜𝗻𝘁𝗼 𝗠𝘆 𝗢𝗳𝗳𝗶𝗰𝗲:

→ The business owner who calls from the hospital parking lot, scrambling to figure out who can sign checks
→ The one who shows up before there's a crisis, asking "what if something happens to me?"

→ The founder who gets sued and realizes their LLC was never set up properly
→ The one who did the boring paperwork three years ago and sleeps fine

→ The family fighting over Dad's estate because nothing was documented
→ The family who had the uncomfortable conversations while everyone was still healthy

𝗪𝗵𝘆 𝗣𝗿𝗲𝗽𝗮𝗿𝗮𝘁𝗶𝗼𝗻 𝗖𝗿𝗲𝗮𝘁𝗲𝘀 𝗖𝗮𝗹𝗺:

→ You can roll with the punches because you planned for punches
→ Unexpected problems become inconveniences, not catastrophes
→ Your energy goes toward solutions, not panic
→ You've already made the hard decisions when emotions weren't running high

The anxious traveler and the panicked business owner have the same problem: they're making decisions in the moment that should have been made months ago.

Your operating agreement. Your succession plan. Your estate documents. Your backup signers.

These aren't exciting. They're not urgent until they are.

But they're the difference between reading a book at the gate and white-knuckling every delay.

The flight will leave when it leaves.

The question is whether you'll be calm when it does.

I replaced myself with AI last month.

After 23 years of drafting operating agreements, reviewing estate plans, and preparing for trials, I decided it was time. The technology is there. The clients wouldn't notice. And I could finally take that golf trip to Scotland I've been dreaming of.

I fed my entire practice into the system. Every template. Every client intake form. Every lesson I'd learned the hard way.

Week one went smoothly. The AI drafted documents faster than I ever could. Clients got responses within minutes. I started shopping for new clubs.

Then the calls started.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐 𝘴𝘩𝘰𝘶𝘭𝘥 𝘩𝘢𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘤𝘰𝘮𝘪𝘯𝘨.)

𝗪𝗵𝗮𝘁 𝗠𝘆 𝗔𝗜 𝗥𝗲𝗽𝗹𝗮𝗰𝗲𝗺𝗲𝗻𝘁 𝗗𝗶𝗱:

→ Drafted a will that left everything to "the client's favorite child, to be determined by annual performance review"

→ Created an LLC operating agreement requiring all disputes be resolved by "trial by combat or binding mediation, whichever is more convenient"

→ Sent a demand letter to opposing counsel that opened with "Per my last email, and I cannot stress this enough..."

→ Named a client's golden retriever as successor trustee "due to his demonstrated loyalty and availability"

→ Advised a client that the statute of limitations is "however long it takes for everyone to forget about it"

→ Filed a motion citing "vibes" as legal precedent

I'm back at my desk now.

The golf clubs are in the closet.

And my AI assistant has been reassigned to scheduling, where the worst it can do is double, book my lunch.

Happy April Fool's Day.

(𝙔𝙤𝙪𝙧 𝙡𝙖𝙬𝙮𝙚𝙧 𝙞𝙨 𝙨𝙩𝙞𝙡𝙡 𝙝𝙪𝙢𝙖𝙣. 𝙁𝙤𝙧 𝙣𝙤𝙬.)

The trial prep no one sees

I have a case going to trial soon. Two partners. Started as friends. No operating agreement.

They built a business on a handshake. Trusted each other completely. Why wouldn't they? They'd known each other for years.

(𝘈𝘯𝘥 𝘺𝘦𝘴, 𝘐'𝘷𝘦 𝘴𝘦𝘦𝘯 𝘵𝘩𝘪𝘴 𝘴𝘵𝘰𝘳𝘺 𝘣𝘦𝘧𝘰𝘳𝘦. 𝘔𝘰𝘳𝘦 𝘵𝘩𝘢𝘯 𝘐'𝘥 𝘭𝘪𝘬𝘦.)

Now they can't communicate at all.

𝗪𝗵𝗮𝘁 𝗧𝗿𝗶𝗮𝗹 𝗣𝗿𝗲𝗽 𝗔𝗰𝘁𝘂𝗮𝗹𝗹𝘆 𝗟𝗼𝗼𝗸𝘀 𝗟𝗶𝗸𝗲:

→ Reviewing three years of text messages between people who used to be close
→ Reading emails that started friendly and turned cold
→ Watching my client explain how someone he trusted became someone he's suing
→ Preparing him to sit across a courtroom from his former best friend

The legal arguments? Those are the easy part.

The hard part is the human cost no one talks about.

𝗪𝗵𝗮𝘁 𝗧𝗵𝗶𝘀 𝗗𝗶𝘀𝗽𝘂𝘁𝗲 𝗛𝗮𝘀 𝗔𝗹𝗿𝗲𝗮𝗱𝘆 𝗖𝗼𝘀𝘁:

→ A friendship that lasted longer than most marriages
→ Mutual friends forced to pick sides
→ Family gatherings that now feel impossible
→ Sleep lost replaying conversations, wondering where it went wrong

My client didn't start this business expecting to end up in court. Nobody does.

He started it because he found someone he trusted. Someone who shared his vision. Someone he thought would be there for the long haul.

𝗪𝗵𝗮𝘁 𝗜 𝗪𝗶𝘀𝗵 𝗧𝗵𝗲𝘆'𝗱 𝗗𝗼𝗻𝗲 𝗗𝗶𝗳𝗳𝗲𝗿𝗲𝗻𝘁𝗹𝘆:

→ Had the uncomfortable conversation when they still liked each other
→ Put the exit plan in writing before they needed one
→ Agreed on a valuation method while emotions weren't running high
→ Treated the operating agreement as protection for the friendship, not a sign of distrust

The partners who stay friends? They plan for disagreement before it happens.

The ones who end up across from each other in court? They assumed they'd figure it out.

Your business partner might be different.

But a trial date looks the same for everyone.

And no amount of history survives a courtroom.

Highlights for my client include:
✅ Doubling personal injury revenue in less than 12 months (specifically new client intake - not just collecting what was already in the firm)

✅ Adding $300,000 in new revenue to a six-figure criminal defense firm

✅ Launching one of the top podcasts on estate planning in the country (which brings in actual clients, not just listeners)

✅ Tripling average client value for multiple estate planning firms

✅ Coached numerous firms from six figures to their first million dollar year

✅ Grew a $1.1 million personal injury firm to $3.1 million (and counting!)

I wasn't brought into the legal profession as a lawyer... I started in marketing and learned everything I could about what it takes to build and grow an exceptional, high-profit law firm. Today, I coach a select group of law firm owners to 2X-5X their firms and grow as LEADERS. I also publish market-leading courses on growth tools for law firms.

👉 YOUR JOURNEY as a leader and growth engine is the #1 key to unlocking the full potential of your law firm. We can easily increase revenues while you live a better life by following the 7 Stages of Law Firm Leadership, my coaching road map developed specifically for law firms.

With 13+ years working in, for, with, and on exclusively law firms, I have seen it all.

Better yet, I saw the PATTERNS...

There are consistent challenges faced by growing law firms, from marketing to hiring to leading a growth-oriented team. These challenges evolve as the firm evolves, which is why we work with the 7 Stages of Law Firm Leadership. By focusing on change we can control (how you operate as the owner), we affect change through the whole organization!

The real secret...

is NOT a marketing strategy... or management system... or goal-setting... or any one thing.

It's understanding the WHOLE BUSINESS and getting it to work in concert!

Together, we will scale your firm and produce a transformation you may see as "impossible" today. Soon, it will be your reality! 🙌

Here is what others have said:

"Charley is a rarity and truly peerless. In an industry rife with charlatans, separating the wheat from the chaff can sometimes be difficult. It's abundantly clear that he is the genuine article. Professional without preaching, Charley commands authority naturally. I listen to this man intently. He is my coach and a true friend. Charley is the type of person you want in your inner circle."

"Charley is best in class. Can't thank him enough for always bringing out the best in me. If you listen to his suggestions and then implement, you will soar."

Charley Mann

A client of mine has a million and a half dollars just sitting in his law firm.

Not invested. Not working. Just sitting there.

His firm does somewhere between $2 and $3 million in revenue. He pays himself well. There is no operational reason for that money to be parked where it is.

But he won't take it out.

What he has is a fear. A deep, quiet fear that if that money leaves the operating account, the whole thing falls apart. He's been running this firm for a long time. He's on the back end of his ownership career. And he built his security around a number in a bank account.

Money that sits in an operating account doesn't sit still. It shrinks. Inflation is eating it every single year.

So we put it on a scale. 

What do you achieve by leaving it there? 

What do you achieve by taking it out and putting it to work?

For him, the brick that tipped the scale was his kid. He has a child with lifetime needs. He's been saying for years that taking care of his family is the thing that matters most to him. And we had to look at that together and ask: is leaving a million and a half dollars to slowly lose value actually taking care of your family?

That was the moment.

He's talking to financial advisors now. 

My job was just to get him to the edge of that conversation.

Coach + strategist for entrepreneurial law firm owners | Founder, Law Firm Alchemy | Co-founder, Red Kraken Creative | Host, "They Don't Teach This in Law School™️" Podcast

Today asked a lot and started rough. But I'm privileged to be where I am doing what I do. Here's what happened...

This morning, I found out my best friend from high school and college died. Alcoholism and addiction. Learned about it from his mom on Facebook. After about two minutes of just processing it, the floodgates opened. Cried hard for about 15-20 minutes running through memories... long drives, music we shared, theater shows we produced, sneaking way too many bagels into movie theaters... just all came out.

From there, I had a coaching call for a fantastic client.

Then a 30-minute Zoom with a marketing director.

Next up, presenting on email newsletters for an hour via webinar.

Then, quick lunch.

And next we are off to a Catalyst Coaching session that stretched to 72 minutes on the reinvestment and capacity cycle for law firms. (It was mentally intense with a good bit of math and increasing variables as we went.)

I told my co-founder about five minutes ago via Slack, "Some days just pile on more than others. Reminder that I’m alive, not dealing with what Sean dealt with, get to do work that energizes me and pick me up, and have great people in my life."

Doesn't change the sorrow.

But the day did get better because of what I get to do.

So thank you to everyone who was part of the day. Getting to serve each and every one of you was a salve after a rough morning.

10 days ago, we had Jay Ruane at our Genesis Mastermind meeting. He shared a ton of what he is doing in analog marketing for his law firm.

You should buy his book, aptly titled “Analog Marketing.”

But don’t just buy it and think the job is done.

You need to make it a habit.
Consider it a daily discipline.

Every day, take an action to answer the question, “What is one non-digital thing I can do today to strengthen my relationships with people and/or my community?”

Some days, it may mean sending a handwritten card.

Other days, it could be a bigger swing, like sponsoring a local little league team. (Did you catch my pun there? Oh, just doubled down on it.)

Want to make it even easier?

Get Jay’s book, open it up to a random page, and find something to implement.

The ideas are ready for you.

With everything you can do online right now, showing up in other ways becomes all the more important.

As my friend Gyi Tsakalakis has said for years, “Do what the bots cannot.”

What’s one “analog” strategy you use for your firm?

No alternative text description for this image

The most valuable card in your wallet is your library card. Not your Amex. Not your Visa.

You have access to biographies, business books, marketing books. Most libraries now give you audio books and magazine subscriptions on top of that. All of it free.

And here's the part that changed how I read. You can pick up a book, get 40 pages in, decide it's not for you, and return it. No guilt. No $20 sitting on your nightstand staring at you. You just take it back and grab something else.

We're a fast learning society right now. Everything is short, shallow, and built on the assumption that whoever said it is 100% right in 40 words or less. Your LinkedIn feed. Your podcasts. Your AI summaries.

You need slow learning just as much. 

The kind that gives you depth and context. The kind that sticks.

Some of the most important books I recommend to clients today came from me wandering through library shelves and picking something up on instinct. Books I never would have bought. Books I never would have found.

Go get a library card if you don't have one. 

Use it if you do.

The type of parent who holds their kids too close puts the same restriction on everyone around them.

Missy and I caught ourselves feeling it in Central Park last November. Third trip to New York in two years. And this time our girls just... wandered off. Did their own thing. Didn't need us the same way.

The parents who can't sit with that feeling. Who hold too tight. Who make it hard for their kids to become whoever they're becoming. 

Those same people do it to everyone around them.

If you don't make space for your kids to grow up, you're probably putting the same restriction on the people at work. On your clients. On your friends when they want to change something about their lives.

My parents made a ton of space for the adult versions of their three kids. My relationships with them got so much more interesting because of it.

That's what I was thinking about walking through Central Park. Not just about my girls. About who I'm making space for.

An attorney in a top 5 metro told me it was impossible to build a $3 million criminal defense practice.
That no one could have that.

Really?

Because I know firm owners in regions with a quarter of the population who have a $4 million criminal defense law firm.

But he was convinced he'd figured out the facts.

He invented those facts in his brain to support his argument. And because he talked to peers who were the same scale as him (most even smaller) it reinforced the belief that it wasn't possible.

Even though all the evidence was to the contrary.

Same guy told me referrals don't work in his practice area. That people around there just don't refer that type of work to each other.

He's in a top 10 metropolitan area where I've worked with other people just like him. I literally know for a fact that strategy works.

One inaccuracy. One deeply held belief. Potentially held him back for years.

This is what sets me off. "Yeah, that doesn't work for attorneys like me around here." As if they've spoken with all of their competitors to find out exactly what their competitors are doing.

They haven't.

They've decided their experience is the entire truth. And then they find peers who confirm it. Not because it's accurate. Because it's comfortable.

It's like someone who pulls their back lifting a barbell and then tells everyone strength training is dangerous. The wise person says "I had a bad experience. You should still do it. Just be careful."

That's wisdom. 

Not an emotional take dressed up as a fact.

If you're running a low- to mid-six-figure law firm, stop looking for wide receivers. You need tight ends.

Rob Gronkowski is probably the best tight end to ever play the game. He was exceptional at catching the ball. But he was in for every snap because he was a killer blocker. They ran plays off Gronkowski's edge because he could block almost exactly like an offensive lineman.

That's what your first few hires should look like.

Not a specialist. Multi-purpose players. Like the receptionist who is your intake specialist and handles some legal assistant work. The admin assistant who pitches in on a few marketing projects while dealing with IT issues.

You're the quarterback. You touch the ball on every single snap. You're not going to hand off all your cases to this person. But you need someone who can catch and block.

Early on, almost every hire will cover multiple roles within your offense. Your first paralegal is going to answer phones. Probably sell a couple people. Might negotiate. Get in the trenches with you. And sometimes just block for you so you can do your best work.

As you grow? Now you start looking for specialists. Your slot receiver. Your deep route runner. People who do specific things extremely well.

But that's later.

NFL teams are built in the trenches. We see quarterbacks do a lot with a pretty janky set of wide receivers.

But you don't see a great set of wide receivers do good work with a weak quarterback (Think: Minnesota).

Build from the core. 

Multi-purpose players first. 

Specialists later.

Want to get more direct insights for growing your law firm?
Sign for my newsletter here: https://lnkd.in/eMbDUFqe

So close. And yet so, so far. You had a real shot.
Just be honest about it. Don't try to trick me.

There a so many gimmicks.

People call law firms and tell the receptionist, "Hey, I'm calling for my scheduled appointment with the owner."

You get calendar invites for webinars you never signed up for.

And definitely...
Never, ever...
Use the name of a person I respect this way and then screw it up. That's only going to make the situation worse. Because now I'm unhappy you quietly took advantage of their reputation.

There are so many people right now who are convinced they know what's happening with AI search.

Even though the AI companies themselves are saying "we don't know what's happening with AI search."

It's a black box. Stuff happens inside it. Outputs happen. And nobody knows what's in between.
But that hasn't stopped people from selling solutions for it.

I saw someone trying to sell the concept of a feedback bot that would get your law firm ranking at the top of every ChatGPT search. They said "We've been testing this internally and we now know how to influence the bots."

That's strange, because that doesn't seem to track with how they're built and return results.

Then we've got marketers putting out "We've figured out answer engine optimization. Come to us. We'll show you exactly why you don't rank."

Let's completely ignore the fact that you can do the same search in ChatGPT a thousand times and get nearly a thousand different results.

You can technically ask the engine how it came up with its results. The problem is it's backtracking how it came up with the results it just gave you. Not how it's going to come up with results for someone else who has a completely different history.

But it sounds confident. And confidence sells.

Here's what I actually trust. Firm owners and marketers who've been long-term students of SEO, who've watched algorithm shifts over time. They have better hypotheses than anyone chasing the freshest hot take.

Because even if we don't know how something is happening, we can observe patterns from the past. That's where wise decisions come from.

Most people don't want to observe patterns though.

They want someone to hand them a guaranteed answer that doesn't exist yet.

Red Kraken Creative is sending over 100,000 emails per week for clients. We'll be at 125,000 soon, definitely over a quarter million by end of year.

But those numbers would be much bigger if we weren't doing what we do when a client onboards: 

• List management
• List scrubbing. 
• Run it through a service.
• Pull out the bad addresses. 

Make sure we're working with the best quality list possible before we ever send a single email.

We're leaving quantity on the table on purpose.

Because quantity is a vanity metric. 

Open rates, click rates, response rates, the long term health of your whole email ecosystem. Those are dictated by quality. 

Every time.

I've watched firms obsess over list size while their deliverability tanks. Their open rates crater. They keep sending to a dead list and wonder why nothing is working.

Don't feel bad about shrinking your list if it means the people on it actually want to hear from you. 

That's not losing ground. 

That's how the thing is supposed to work.

Most law firm owners hire the same way - when they're starving for talent. But as my friend Tim Semelroth ★★★★★ says, "Don't go shopping when you're hungry."

Most firm owners wait until someone quits. Then they panic. Then they write a job ad in 10 minutes, post it, and hire the first person who seems "good enough."

Three months later, they're doing it all over again.

Here's what I tell the attorneys I coach:

Your job ad is a marketing piece. If it reads like every other firm's ("fast-paced environment, competitive salary, great benefits"), you're going to attract the same mediocre candidates everyone else gets.

The fix isn't complicated:

Write the ad before you need it. When you're calm, clear-headed, and not desperate.

Sell the role like you'd sell a client. What's the vision? What does growth look like? Why would an A-player want THIS firm over the one down the street?

Add a video interview step. It takes 15 minutes and eliminates 80% of bad fits before they ever set foot in your office. I also love phone interviews.

The best firms I work with aren't necessarily better at hiring.

They're better at not waiting until they're desperate.

One of the easiest and worst mistakes you can make when opening a law firm (or any business)...

Misaligning your growth goals
with the clients you will serve
and their ability to pay you (or have cases of the desired value).

A lot of law firm owners want to swoop in
and help people who usually can't afford your services.

Better to build a firm working with people who can easily afford what you do and build up your financial foundation. Then, spend some time helping those who can't afford you. Possibly even pro bono. It's the classic oxygen mask scenario... you need to put yours on first.

If you start an email this way, I promise I will ignore it:
"Charleyyy! Just bumping this. No pressure at all."

🤦‍♂️

Real lesson in knowing your audience.

Or to put it another way...

Know when you don't know your audience. Adjust accordingly.

(Although, light kudos for him spelling my name right, if you knock off the two extra y's at the end. The bar is low.)

What most think sending a law firm email newsletter looks like:

Set up MailChimp account. Drop text in a cheap, pre-fab template. Press send... when it's convenient.

Easy, right?

Here's what sending an email newsletter looks like for Red Kraken Creative clients:

-- list scrubbing to remove low quality emails
-- double checking the tech stack to make sure DNS records are correct (and taking care of them if they're not... otherwise your emails stand no chance of getting delivered)
-- building a template that removes the extra stuff you don't need (better for deliverability)
-- writing emails with stories and interesting reference points
-- dialing in subject lines
-- testing different call-to-action locations
-- figuring out what the firm's audience wants
-- keeping an eye on the data (and troubleshooting when things go sideways)
-- continually aligning the emails with the overall goals of the firm and quickly pivoting as those shift
-- sending an email every single week (please try to tell me how monthly or quarterly is "better")

Not so easy, right?

Email newsletters are like ducks on the water. Seem calm on top; legs are churning beneath the surface.

But if you're going to do it, do it well.

Who is sending an email newsletter regularly for their law firm?
If not, what's the biggest struggle you have in pressing send?

"Never mistake activity for accomplishment."
It's a bit of advice from Dan Kennedy near and dear to my heart.

I loathe ever feeling like I'm on the hamster wheel of "doing stuff."

Remember...

You don't have to do something just because everyone else is doing it.

Ask, "What does this accomplish?"
What does success look like?
Is there a final product or outcome?
If it's ongoing, what do we expect this to change?

The more you're in the business of accomplishment, the better.

One of the things I hear from law firm owners when we talk about email marketing: "I know I should be emailing my list. I just don't know what to write about."

Here's the reality...

You don't need to write about the law.

In fact, I'd argue you shouldn't.

At Red Kraken Creative, we now send over 100,000 emails per week for law firm clients.

The emails that get opened, replied to, and acted on? They're not legal updates.

They're stories.

A story about your weekend. An observation from court. Something funny your kid said. A book you're reading. Movie you like.

One attorney I spoke with had been trying to send a monthly email for six months (more like every 3-8 weeks). He hated every single one he put out.

Because he was trying to write "content."

When we took over, we shared stories and ideas directly from him. His personality. His quirks. His take on things.

Five minutes a week to approve it. That's it.

Now he gets actual replies.
People commenting on what he sent.
And even "I need to call you" in response.

That's what email does when you stop treating it like homework.

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The Battle

Andrew Ayers

Charley Mann

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taplio

The Battle

Andrew Ayers

Charley Mann

Followers

Posts

Engagements

Likes

Performance Score.css-goub6s{font-size:var(--chakra-fontSizes-md);font-weight:500;color:var(--chakra-colors-gray-600);display:block;margin-top:var(--chakra-space-1);}Andrew Ayers's LinkedIn Performance

Performance ScoreCharley Mann's LinkedIn Performance

Ready to grow your LinkedIn presence?

Performance ScoreAndrew Ayers's LinkedIn Performance