P2P

30 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | F A L L 2 0 2 0 F E A T U R E S occupancies above 40% and because trial teams will be some of the first corporate clients, you will be in high demand. Hotels have furloughed and laid off many salespeople, so it could be more difficult to reach someone and get answers quickly. However, once you get someone you should be very well taken care of because they need your business more than ever. We have and are in the process of negotiating many COVID-19 hotel agreements for trial teams. It has been a learning process for our clients and ourselves as we adjust to the unique circumstances in each situation. It is inherent that as a trial team, you have the best interests of your clients in mind. You look for every and any possible advantage to sway the jury's decision in your client's favor. While you have this focus on the court room, you can also protect your firm, your clients and your team by working with the right partner hotel. We break down some key things to consider as you get trials dates set and begin your accommodations search. The Search: Start as soon as you have an idea of the trial dates. Gone are the days (at least for now) when you had to commit to a contract within a week of getting rates and availability from a hotel. Some hotels and certain geographic locations are projecting higher occupancies in the fall or next year, but that takes into account no further conference cancellations and added demand. Starting early will allow you to get a sense of the market and which hotels are willing and able to accommodate your special needs. We always recommend sourcing at least 5 hotels in a given area to obtain a cross section of rates, suite options and the ability to provide adequate internet needs at a reasonable price. The Slow Play: In current times, it is beneficial to ask the hotels you feel could be a good fit to hold the rooms and space, while you wait further guidance from the court. Set expectations that you would not be comfortable having any financial liability until X date. If you are set on a certain hotel, ask them to draw up an agreement with no deposit or cancellation terms until much closer to your trial date. Keep them up to date on any pre-trial hearings, potential delays or changes in your requirements. Ask the hotel to provide you with the same level of communication if they happen to have a spike in demand or another group contract that would affect your rates and/ or availability. You want to have "first right of refusal" which means you get a certain amount of time to decide if you want to contract, before they release your hold to another client. The Contract: We have many clients that have been burned by a strict hotel contract and a case settlement or dismissal. Depending on which side of the case you are on, this could be a WIN for the firm and the client, but why sacrifice monies when you don't have to. If you are on the wrong side or you simply have a new set of dates, but didn't protect yourself in the contract, the sting will be even worse. A settlement or dismissal would involve a cancellation of your contract. Assuming you have not checked in, your cancellation fee is usually set on a sliding scale with higher amounts as you get closer to check in date. Negotiating fees as close to check in can save you and your clients tens of thousands of dollars. Assuming you will check in at some point, you want to be protected by an "Early Departure" clause. This will help mitigate the amount of fees the hotel will charge for the lost revenue of your early check out. Prior to check in should a trial date change occur, you always want to ensure that 100% of your deposit and/or your cancellation fees will be applied to the new booking. This shows a commitment from your partner hotel as well as a commitment to the firm, that you will stay with them and not shop around. Following these simple steps will allow you to financially protect the firm and your clients, while ensuring you have suitable accommodations should the trial come to fruition. "We always recommend sourcing at least 5 hotels in a given area to obtain a cross section of rates, suite options and the ability to provide adequate internet needs at a reasonable price."

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