Lawyer Monthly - October 2021 Edition
WWW.LAWYER-MONTHLY.COM | OCT 2021 MY LEGAL LIFE - MOSHE KAHN You are licensed to practice law both in Israel and in the US and have worked in a prominent New York law firm, in addition to being involved in many transactions between Israeli and American companies. What would you say are the differences between Israeli and American companies regarding how business is conducted? The conduct in American companies is structured in a way that, to Israelis, may seem cumbersome at times. Many parties are involved in the organisation in almost all fundamental business occurrences and there is an orderly process of subject- learning and voicing of opinions by all parties, who are by definition of their roles in the organisation supposed to be involved in the finalisation of said business events. Additionally, the process of decision-making itself is orderly, as mandated by the organisation’s nature. This kind of conduct is not common in Israeli companies, where decision-making is often done hastily by a small group of senior staff. It is noteworthy that today, the more that Israeli companies and tech- focused companies in particular start to interact with American businesses, the more they are quickly learning how to conduct business in the American style. A Hebrew version of this article originally appeared in TheMarker. Who were your professional teachers and what did you learn from them? My mentor during my internship and in the early stages of the legal practice was the late Eli Zohar Adv., who apart from being a famous lawyer in Israel not only had excellent professional skills but was also blessed with praiseworthy personal attributes. Eli Zohar was definitely a lawyer deserving of the title “a lawyer and a gentleman”. I had the opportunity to work with him and learn from him not only during my internship, but also afterwards as I continued at the Seligman firm. I learned the art of litigation and cross-examining witnesses from Eli, as well as the obligation to respect the other party even when waging a fierce legal war. From attorneys Pinhas Rubin and Moriel Matalon, whom I worked beside at the Gornitzki firm, I learned how to engage in complex commercial transactions. The late Phillip Mandelker, whom I worked alongside at the Rosenman firm in New York, taught me a lot about commercial litigation in the US. I am grateful to all of my professional teachers for all they have taught me. How would you say your firm compares with its larger competitors, and what is the added value your practice gives your clients? As one who began his legal practice in the largest firms in Israel and the US, I am well acquainted with the advantages and drawbacks of their services. A large firm is a brand name and has a relatively large array of professionals to offer clients, which provides a sense of security. However, large firms have high overhead costs which raise rates, and for this reason are not right for all clients. Another fundamental difference between large firms and small firms (like ours) is in the access to the senior partner involved in the case or transaction. I often hear from clients that came from large firms that they felt “lost” in these large legal organisations, and that in the end the lawyer that worked with them had two or three years of experience. We do our best to make our experience and skills available to all our clients. I am involved in almost every case at our firm and clients have almost immediate access to me. Easy access, quick response, and good inter-personal communication are touted by your firm’s website. How important are they for the clients of a commercial law firm? Business life entails many surprises and stressful events that require immediate action. Confrontational events like lawsuits or investigations, as well positive events like the maturing of company acquisition or sales negotiations, may create a sense of urgency in clients, requiring immediate consultation with a lawyer. I have found myself, more than once, when on my way home after a long day at work, redirecting to an urgent meeting with a client because of such developments. We emphasize availability and quick professional response for all our clients, small and large, and we know from our experience that our clients appreciate this very much, and that it is one of the most important issues for our clients. About Moshe Kahn... “ It is very important to think together with the client, to understand what motivates them and their business considerations. ” 26
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