How to generate overseas business through your lawyer.

Doing business overseas is an increasingly important way for many companies to grow and generate income. It is also a great way to get into trouble without the right legal representation.

The success of your company in cultivating business overseas will depend in large part on personal contacts and knowledge of what it takes to get a deal done in unfamiliar territory. That's where legal representation can be of help. Many law firms now have multiple overseas offices to service international business clients. A carefully selected law firm can help your business make contacts overseas and assist in making sure that any international transactions comply with all the laws and customs of the country or countries that your business is dealing with.

The right attorneys can also provide experience in encountering problems and recognizing opportunities. Virtually no two situations are identical, so flexibility is important.

A recent project brought to my firm illustrates the point. The client, a Los Angeles-based company, contracted to purchase some raw materials overseas. When it looked like there might be a breach of the contract due in part to international politics and possible interference by one of the client's competitors, the client asked for legal assistance. Because the client had already made partial payment for the shipment, the problem was pressing.

A team of attorneys had to be assembled to protect the client's interests. Research began into the international law implications of a possible breach of contract and into the U.S. laws which related to the activities of the client's unfriendly competitor. Overseas attorneys were put on the case within hours of the client's phone call.

Not long after we began our work, we learned of a rumor that the product which was the subject of the contract was being considered for use by others in intricate arrangements involving related financing. We were able to obtain from two of our other offices information concerning the investment banking and commercial banking organizations which were identified as possibly being involved. In addition, the firm's overseas offices were able to obtain documentation from other countries regarding that potential financing transaction.

Within days, the client was in the position to consider its options and to implement the strategy that was ultimately decided upon to deal with the contract problem.

The types of international activities which create a demand for specialized legal services are varied. Other examples of our firm's recent international experience include mergers and acquisitions, arbitration, litigation and intellectual property protection.

Not every international transaction or dispute involves identical legal or factual complexities or even the same time pressures. Nevertheless, the experience demonstrates that a consistent range of skills is needed in solving a complex international problem, regardless of the direction in which the transaction runs. There is always a need for coordination and for considering and satisfying a client's obligations and rights under both domestic and international laws.

Understanding and honoring the law, language and customs of the jurisdiction in which the transaction will be accomplished or the dispute resolved is also needed. Finally, there is nearly always a need for specialized legal expertise and a wide range of useful contacts in the relevant business, legal and governmental communities. All of those needs must be satisfied and integrated to develop the best available course of action.

Every business facing an international opportunity or problem must arrange for some type of legal assistance. The question facing the company at the outset is how best to obtain what is needed. One option is to put together an ad hoc group of lawyers, law firms, investigators and other advisors, looking to each of the group's members to supply specifically delineated services. That approach is probably best suited to businesses which have already in place their own experienced international lawyers and international networks. The possible down side to this approach is that such a team requires substantial coordination efforts and is likely to require duplicative activities to keep the various team members informed about everyone else's activities.

Alternatively, the company can retain an internationally oriented law firm to provide the services through the firm's internal and previously developed external resources. This approach is can be employed both for businesses without their own pre-existing networks and those with their own international links. In order to achieve cost-savings and efficiency benefits, however, clients need to be sure they are picking a firm with offices that truly cooperate.

For a law firm to deliver integrated international law services, it is not enough for the firm's offices to share a name or to have compatible telephones, fax machines and word processing systems. What the client should look for is true integration of personnel and practices.

In selecting an international firm, critical questions are whether its members share attitudes regarding client service and confidence in their partners. A firm that is structured in such a way is more likely to provide the needed expertise most efficiently and effectively to assist the client.

Finally, in selecting an international firm, it is critical for clients to ask lots of questions. In doing so, business clients can best get the services they need as they explore and expand internationally.

Gerald W. Palmer is a senior litigation partner in the Los Angeles office of Jones, Day, Reavis & Pogue, where he specializes in international arbitration and litigation. Jones Day is an international law firm with offices in the United States, Europe, Middle East and Asia.