Legally Easy

After a bit of thinking, I think it's possible.

2009-12-17T03:42:00.000-06:00

This post had been scheduled to go out, but I just sat on it. Here you go:

Recently I posted regarding Tim Ferriss's book, The 4-hour Work Week: Escape the 9 to 5, live anywhere, and join the new rich. I'd queried whether his idealistic view were possible in a service-based industry.

At the time of the post, I'd only ventured a mere 5 chapters into the text, so I made some assumptions based on a minimal amount of information. Since posting, I've finished the book, and have taken several opportunities to reflect on the content. I still affirm my initial conclusion that there is absolutely no way to accomplish the feats he advocates as an attorney or in any other service-based profession, at least not if you'd like to maintain your license.

However, there is still some ability to free yourself from the office, and enjoy life (although, even this has some limitations, i.e. billable hours, client meetings, etc). The key I think is recognizing one of the core principles discussed by The Positivity Blog, Jim Calloway, and Susan Cartier-Liebel. This core principle involves manipulating the 80/20 principle to your competitive advantage.

One of the things Tim discusses in the book is creating, or building efficiency, by emphasizing the 80/20 principle. Tim suggests that the reader consolidate the time he/she spends answering phone calls and responding to email, as one valuable method to build more free time. Tim suggests using email autoresponders and voicemail as a way to prompt clients to specifically articulate their needs, and stave off the multitude of unnecessary conversations. Note also that he suggests telephone conversations if email responses become too extensive.

I think this principle would improve client expectations, although it may "bite you in the butt" too. Recently, one attorney I work with attended a CLE where he discovered that sometimes client expectations aren't quite our expectations. The presenter said that more bar complaints occur because of "failure to communicate with clients" than anything else. The presenter stated that some client expectations are unreasonable, considering the attorney's workload. For instance, most attorneys believe that a same-day response to an email is okay, while most clients believe that an email gets answered within 1 hour. This divide could lead to confusion, especially if you rely heavily on email as a primary medium for communication.

I think if you're going to use Mr. Ferriss's principles, it's important to set client expectations at the initial client meeting.

WordPress Plugins to Get You Started

2009-12-14T06:46:00.000-06:00

I love WordPress and the Headway Theme. I think the two systems are very useful, and cost effective (check out this post for my Headway review). I like WordPress because: 1) it's the blogging platform supported by my webhost (very useful when you screw up); 2) it's free (I think TypePad charges for hosting); and 3) the WordPress site has millions (literally) of helpful people creating plugins, applications, and support forums.

I've decided to give you a list of my favorite WordPress plugins, and hopefully, you'll add to this mix (in no particular order).

Sociable Plug-in - this plugin adds a nifty little banner at the bottom of your posts to allow readers to add the posts to their favorite social website.
Simple Google Sitemap Generator - sitemaps are key to getting recognized in Google. This generator does the hard work, and you take all the credit.
RSS Footer - if you're a paranoid, "end-of-the-world" type guy like me, you're afraid that someone's going to rip off your content, sell it to the "gub-ment", and use it to create the next Kennedy conspiracy, of which you'll get no credit. This plugin stops that. You get credit for uncovering/creating the conspiracy. P.S., it also protects you from getting copied and reused without credit.
Google Analyticator - I use Google Analytics, you should too. This makes it easy. Analytics is it's own monster.
Dean's FCKEditor - this plugin adds extras to your simple editor.
WP-Cumulus - If you like cloud tags, this is an easy one to use.
Wordpress Automatic Upgrade - easily upgrade your WordPress site and plugins. One-touch upgrade...SWEET!
Statpress Reloaded - A great plugin to get more information about your blog's visitors, search terms, etc.

Hopefully, this list will get you started on your blogging adventure. If you find a good WordPress widget or plugin you're happy with, please let me know.

For the Times You Screw Up

2009-12-07T04:24:00.000-06:00

No attorney likes to think about screwing up, or worse, disbarment. We all like to believe that we're practicing some higher form of law, and avoid the sad reality that sometimes, bad things happen to good lawyers.

When those bad things happen, there's something comforting in knowing that you're financially protected. You need to have legal malpractice insurance. I wrote about this need awhile ago, and the importance of what I said earlier stands.

Recently a referring attorney came to me because of some "problem" cases the attorney had dealt with. The attorney explained that because of the mounting needs with the attorney's primary practice area, some clients in the office got "left by the wayside." The attorney wanted me to review the files, and help out.

I took a peek, and fortunately, could save a few. However, for an unfortunate few, the attorney missed important deadlines, which could end up destroying the client's case. In one instance, the attorney's oversight could cost the client over $50,000.

I explained this to the attorney, who informed me that, despite numerous years in practice, the attorney hadn't carried malpractice insurance. I was shocked by the response, even I know that malpractice insurance is a must. Apparently though, the attorney's number of years in practice had proved differently. The attorney had never needed it before, and therefore, didn't believe it's necessary now.

Now, even if the clients wished to sue the attorney for some malpractice, there's little value in that because the attorney has no money, at least to the point of covering the $50,000-plus claims.

The problem my friends, as I've stated before, is that this type of thinking is selfish. You're not doing yourself any favors by not having malpractice insurance. Again, this is the cheapest insurance you'll purchase, for the biggest value (mine is about $700 per year).

Having malpractice is especially important if you're in an office-sharing relationship or a solo or small firm. Your "partners" (because that's how clients view them) will screw up their cases, and despite the fact you've never handled the case or met the client, they'll likely include your name in the grievance/lawsuit. (Don't think you it won't happen either, because it's what I would do if I sued your butt for malpractice - setting aside other particular issues). Having insurance will afford some decorum and security in these solemn situations.

If you can afford to hire an attorney to defend and represent you in these matters, then, by all means, keep up your insane behavior of practicing without insurance. However, if you're like me, and you believe that your clients deserve something if you screw up, then go get your insurance. Get it now.

Why Law School?

2009-11-26T07:49:00.000-06:00

Now that I'm a practicing attorney, I can admit that I went to law school because it was an easy alternative to achieve a particular goal: have a professional degree.

As an undergraduate, I majored in Organizational Communication. After graduating, I discovered that there aren't too many jobs available in my particular degree field for someone with a bachelor's degree. Most of the professionals in the field have master's or doctorate degrees. Law school became a good fall back option to achieve the doctorate degree without having to go through a Ph.D. program.

So, like all aspiring law students, I took the LSAT, applied to schools, and waited. The rejections came well before the admission letters. I entered law school in 2005 and worked diligently. I achieved mediocre grades and status, but gratefully, I passed the bar exam.

Overall, I'm happy with my decision, and enjoy my work. However, in all honesty, there might have been something better for me, had I not been so focused on my plan.

There's a great post by Ashby Jones on the Wall Street Journal Law Blog that discusses this very issue. The author encourages aspiring law students to seriously think about law school. It's costly, it's grueling, and despite what your law school career services department says, there simply aren't many jobs available where you're making lots of money. The truth is, most graduates make less than $50,000 per year, and except for the small percentage of students with scholarships, will pay $100,000-plus in student loans. In this economy, this isn't a smart business decision.

Vacation Time

2009-11-26T07:29:00.000-06:00

I'm taking some time this week to celebrate the holiday. As such, I took my family from Oklahoma to visit my in-laws about 1200 miles away.

The problem most solos discover is that if you're not at the office, the work isn't getting done. Admittedly, there are times I hate taking any vacation time because I know when I return, the work will pile up. I'm sure many of the self-employed feel the same way. The truth is though, you need to get away and have some vacation time to recharge and renew.

This trip has been wonderful, because I've been able to relax and enjoy family time, while tackling some issues with clients, potential clients, and opposing counsel.

The first "life-line" has been LogMeIn. The web-based application allows me to connect with my office server and review files, documents, and other important client materials. It's even better because the program is free. You get the full functionality of your office desktop, without having to be in the office.

My second safety-value is Google Voic e. This program allows me to receive calls and disguise my cell phone number to connect with clients. I always try to avoid giving my cell phone number to clients because some tend to call your phone at odd hours, on holidays, or whenever. GV disguises the number to my office line, and rings their phone. I can get voice mail messages, and send SMS messages. GV is so good, one client thought I was in the office because I'd just spoke with him from my office number.

Finally, my practice management system, PracticeMaster, has saved me lots of time. I have full access to my cases and can note problems, discuss issues, and take care of business.

I have nothing to gain from any of these programs, except increased performance in my practice. I've discovered that you can enjoy some family time, and still keep an active tab on the processes in your firm.

"Blawging" 101

2009-11-14T04:26:00.001-06:00

Creating a blog is one of the best things you can do for your law practice. The blog gives you the ability to become an "expert" in your specialty. If done correctly, potential clients searching for information will discover your blog and site.

Well-known and esteemed blogger/marketing guru/practice management pro, Jay Fleischman, recently blogged about some easy steps you can use to set up your law firm blog. His tips, which you'll find here, give a brilliant summary of building the law practice blog.

It's important to remember that blogging is one opportunity to liberate yourself. The law firm blog gives you a platform to express yourself. Like Jay mentions though, blogging is difficult. It's not easy to constantly develop new content (remember: the key to getting "Googled" is vibrant, relevant, changing website content).

Blogging can be a rewarding and educating experience. Blogging can help you keep up with current legal developments and the world at large. Go get a blog!

You may also want to check out Jay's related post about fixing up or getting started with your firm website.

The Attorney-Client Relationship: the care and feeding of clients

2009-11-13T06:55:00.002-06:00

What's the "golden rule" of good client practice? Never sue a client. Why? Because lawsuit equals bar complaint equals lost time and headaches. While I agree with Jay Foonberg's recommendation, let's face the truth though: sometimes the client deserves it.

While I don't advocate that you sue every single client for an unpaid legal bill, in this economy, it's necessary.So, if you're going to do it, you'd better "CYA" (cover your ass..ets).

First, get your agreement in writing. Too many attorneys have oral agreements, known as abstract understandings, regarding their client relationship. There's a reason we have written contracts and discuss contracts as a first-year law student. Quite simply, your contract is your lawsuit lifeline. Make your contract simple enough to understand, yet dense enough with the material and other information to protect you when the relationship turns sour.

Document, document, document. You're going to improve your chances of recovering your full bill, if you document everything. My line is, "if it's not in writing, it didn't happen." When you make a phone call to your client, opposing counsel, an insurance adjuster, a witness, document the conversation. Keep copies of the letters you send, with your signature.

I used to believe that the only the actual draft on the computer was necessary. An experience with a case taught me that the more documentation showing the event occurred, the better. If you can fax (with a confirmation), why mail. If you can email (with a confirmation), why fax. The point is, document the existence of the event.

More importantly, because your client will allege that you didn't fulfill your agreement, or the issue wasn't complex, or your bill was too high, you documentation will help prove up the extent of your efforts. Your notes and file will show that the client called you five-hundred times a week, and on Christmas, to complain about the other side's behavior. It's hard to dispute the complexity and reasonableness of the bill when the notes back it up.

Third, send regular, detailed bills. Clients freak out when they see your bill, every time. They're not going to tell you, but it happens. Sending frequent, detailed bills will smooth out their overreaction. You and I both know your bill is reasonable, and reflects the amount of work you did. The problem is, unless your bill actually shows how much work you've done, your client won't believe it. If you need more information on client bill, check out this post.

Finally, when you decide to sue the client, make sure your malpractice insurance is current. What, you don't have insurance!? Get it right now. It's the cheapest protection you'll ever have (mine costs $600 per year). You can't protect yourself for less. If you're going to sue clients, you're going to need some help defending those lawsuits.

You should never practice law without malpractice insurance. It's not fair to you, and it's not fair to your clients. Malpractice insurance is for the times that you actually screw up, and the client deserves some retribution for your mistakes. In that regard, be fair to your client. Be fair to yourself because you save yourself from potential personal liability and exposure for your negligent actions.

Hopefully you won't have to sue a client, but if you remember to CYA, you'll be in a stronger position to win.

UPDATE (12/16/2009): Ed Poll has a great article in Law Practice Today about suing clients. Some great information.

Domains

2009-11-11T06:13:00.000-06:00

A lot of my recent articles have focused on marketing your law firm. As I've admitted, I'm not a marketing expert, I've just seen what works, and what isn't. One thing I don't think works is "generic" email addresses.

I can't remember where I saw the comment, but it went something like this:

You'll know the quality of your lawyer by the quality of his email address.

There's truth in that. Although I know plenty of good lawyer with generic addresses, I believe people expect lawyers to fork over the money to register their own domain address and website. I think it shows people you care about your professional image. Moreover, if you've worked on developing your marketing scheme, your email address is a crucial component in that scheme.

The same goes for law firm blogs, websites, and other online marketing materials. I'd recommend against using free services like Blogger and Wordpress.com (not the platform). Pay the little money each year, get yourself your space.

The Basics of Getting Paid - Part 3; Open Accounts

2009-11-06T06:31:00.000-06:00

Note: I started this post, but never published it to finish off the series.

The reality of any business is that you're going to have work to get paid, especially if you're billing by the hour. This is especially true if you're practicing the traditional method of billing by the hour (there's another reason flat fee pricing is so great).

The key to avoiding delinquent accounts is to bill effectively. Like your telephone sales pitch, your billing statements should succinctly and eloquently describe the services. Nobody likes to pay for a 10 minute phone call, unless the phone call had value. Clients will resent you, and will consciously avoid paying bills they feel are valueless.

One the lessons I learned early is that "drafted motion for summary judgment" doesn't nearly have the panache as, "Researched case law regarding [legal issue], using [list resources consulted]. Discovered these cases: [list cases]. Drafted argument section of motion for summary judgment based on [case name or legal theory]."

Although clients don't understand any of the legal jargon, they do understand that you did a significant amount of work. Remember, the easier you can make it on them, and the more you can justify your costs, the more likely you'll be to get paid.

To Market, To Market to Buy a Fat . . . Law Practice

2009-11-06T06:16:00.000-06:00

I work in an office with a number of different attorneys. I like my office-sharing arrangement for several reasons, but most especially because I get to bounce ideas off others and get suggestions for building my practice.

One of the regular discussions we have is about bringing in new clients. If you're already a "superman rainmaker," then "help" my bounce rate, and move onto this site. If you're like most of the lawyers in my office, then you're an average to less-than-average rainmaker, and you're questioning what needs to change.

For whatever the reason, most lawyers I talk with say that they don't have time to market their firm. This is shocking, because without marketing your firm dies. Remember, there's the practice of law, and more importantly, the business of law.

Honestly, I don't have a simple answer, and I can't claim any special SEO, rainmaking, or "superman marketing" skills in internet marketing. However, I will disclose that if I don't receive at least 1 new /potential client phone call per day, it's a bad day. So, in no particular order, here they are:

Get a web presence.

I use a combination of things (some discussed below), but most importantly are my blog and my website. I'd like to think that having a "sub-domain" makes my site stand out in Google, but the truth is, I screwed up when I designed it, and now I'm stuck because I like it. Note too, that for the month of October, the blog received 969 page visits (there's a screw-up there too, if you're interested, check the comments), and my website averaged 4 visitors per day (165 total). That's successful.

For both the blog and website, I use Wordpress as a base with a customized Headway Theme. I wrote this post about my experiences and satisfaction with Headway. Headway did in 2 months, what I couldn't do in 12.

Claim Your Google Business Listing

My listing is number 3 (sometimes 2) on each of my target search phrases. In the last 30 days, my Google listing had 50 "actions", with 12 of those resulting in direct clicks to my website, and 3 new clients (a 6% return on a $0 investment).

The Google business listing works for you, with about 5 minutes of actual labor time. Makes sense, doesn't it?

Social Media

Get involved in "social media." At a minimum, you should have a firm fan page (become our fan) on Facebook, a Twitter account (my account's here), and a LinkedIn page (here's my page).

While I don't believe these have a strong effect on your overall marketing success, they certainly don't hurt. I like the interactions I can get with people, and the ability to reconnect with friends.

If you're not sure about Twitter, just Google "using Twitter for marketing" and you'll get a number of hits. Again, if you're hoping to get clients from Twitter, you're on the wrong path. Use Twitter to connect with others and share experiences, build relationships, ask questions, and gather news.

Blog

The only proven way I've seen to get noticed by Google is to update your content regularly. This means having fresh information, targeted to those you're seeking to attract.

Therefore, in my opinion, the only true way to do that is through your blog. The blog will add fresh content to your website that Google's little web minions can hunt for, devour, and vomit to the Google search servers for the world to find.

Pick a topic that relevant to your practice area, and explore relevant issues and problems. Perhaps a new case or statute came out that's going effect your clients. Write about that. The world is open for you.

"Kiss the Babies"

There's something to be said about the importance of "kissing babies." You cannot be successful if you're not out there meeting people in person. You can't build relationships and form networking bases if other attorneys and professionals don't know who you are. You build trust by mingling with others.

Don't become a "hermit attorney" who locks himself into the office and forgets to chat with others.

The Family & Friends Dilemma

2009-11-06T05:14:00.001-06:00

There's a common question among all private practitioners about the practicality of representing your family or close friend in legal transactions.

The problem is two-fold: 1. Sometimes as an attorney (especially a new one), the only people that will hire you are your friends and family; and 2. The best referral sources for new clients are your friends and family.

There are some dicey waters when representing "kin," not the least of which is the issue of fees.

Most people are aware of the "family and friends discount." If you're not, it goes something like this:

Because we're (insert your relationship), that means that I'll get a "discount" (often interpreted as free) for the work you perform on my behalf.

I saw this happen to my father (a podiatrist) during each family vacation we took. Family members would expect him to perform complex or time consuming work, simply because he was "kin." I know that he didn't mind doing the small procedures, and I know he often invited family members back to his office to perform more complex work. The truth is, most professionals don't mind helping others because of relationships, the difficulty comes when you're also trying to make a living and protect your interests.

Therefore, I'd like to point you to a great article addressing some of the concerns and problems practitioners should consider before accepting the "family business." I think Mr. Baron's first suggestion about fees is especially important. I send a bill to my family/friends that reflects 3 things: my regular hourly/flat fee total, my discounted ("family & friends") fee, and the words, "Thank you for your business & our friendship."

I think we sometimes forget how important it is to thank our friend for their business. It's easy to forget that we're the ones choosing to reduce the fee, not the other way around. My thought has always been, business in the door is always better than none-at-all.

Remember, most of the time your family member or friend is only looking for a "bargain," not free business. If you can provide that bargain, then you're going to get their business, if not, they'll finish the question and move on to another provider.

I'd like to know what you think about Mr. Baron's article and some of these issues. he addresses Do you add special "bargains" for family/friends/special clients, that most of the general populace pays for? For instance, I give my full estate planning package to my friends/family, and I also discount or "cap" my contingent fee on cases. Please comment.

Another Chuckle & Solo Practice

2009-11-06T04:43:00.000-06:00

Courtoons is a blog I subscribe to. It has a variety of law related cartoons. I thought today's was especially funny in light of a recent push by new and old graduates to go solo.

I found this website statistic (I don't know reliability - it was #1 on Google) that showed that in 2006, 36% of all practicing attorneys were in solo practice (this document for Texas states 57% of Texas attorneys are solo or small firm lawyers).

The overwhelming trend is for attorneys to join the workforce as solo or small-firm lawyers. I think some law schools are seeing this trend and quickly realizing that their old model of "BigLaw push" is failing.

A law school organization at my alma mater invited me to speak. Of the 15 or so individuals at the meeting, more than half indicated they seriously consider entering solo/small firm practice upon their graduation. That's a serious commitment, and an absolute need that isn't addressed by the law schools.

New FTC Disclosure Rule

2009-11-02T05:44:00.000-06:00

Did you know that the FTC requires disclosure in blogs? I guess the purpose is that if you're going to be bragging about how great a product is, then you should disclose whether you're being paid to brag about it. I think it's kind of a dumb rule myself (don't most people assume you're being paid when you're raving about something?), but there are some who may be influenced.

The key, disclose the value you've received from a vendor or other person. Here's a great website you can use to disclose what value, if any, you've received for promoting a product. Of course, if your blog doesn't have sponsors or endorsements, it's quite simple not to have to do anything.

Note: In case you're wondering, I will take sponsors, and make endorsements for anything of value. See disclosures 1-6 on the link above.

Monday Laugh

2009-11-02T05:34:00.000-06:00

I love Dilbert, and today's comic just had me giggling. Hope you enjoy it just as much as I did.

Extracurricular Education

2009-11-01T06:31:00.001-06:00

I'm going to make this post into a who's-who of my favorite legal resources, with links to these individuals' sites. These are unpaid recommendations, based on the value these individuals provide me in my practice.

In no particular order:

Carolyn Elefant - her book and website give you a practical approach to starting and managing your law practice.
Susan Cartier-Liebel - through her program, Solo Practice University, Susan is providing young & old attorneys with the practical skills and advice we thought we were getting in law school, for a much cheaper rate ($595 per year). There's practical and theory-based courses to help you start, manage, and grow your legal practice. I'm a member, and I love it! (FWIW: Beginning today, if you sign up for a quarterly or annual membership, and you mention my name (Jeffrey Taylor or jbtokc) I'll receive a discount on my renewal - hopefully you believe in "paying it forward", if not, sign up for yourself and take advantage of the program)
Jay Fleischman - Jay manages Legal Practice Pro, another blog devoted helping you manage and grow your law firm. Although the blog is geared to helping bankruptcy attorneys, his tips & techniques will benefit your practice too.
Jim Calloway - Jim is the Director of the Oklahoma Bar Association's Management Assistance Program, and author of Jim Calloway's Law Practice Tips Blog. Jim's office provides a great resource for new attorneys, and their lending library is fantastic!
Tom Kane - I recently found Tom's blog, Legal Marketing, and there's a massive amount of resources and ideas for all.
Ross Kodner - Ross is the "Paper-LESS" office and law firm technology guru. Enough said, you must read his blog.
Solosez - I couldn't get through many cases without the ability to bounce ideas and problems off other attorneys. The Solosez listserv, sponsored by the ABA, provides one of those resources. Hint: set up an additional free account (I use Gmail) to manage the mass of email threads, because if you use a "regular" account, it will get clogged.

Take advantage of all the wonderful resources on the web. If you're following someone who gives you valuable tips and advice, and you think they deserve a mention, let us all know by commenting below.

Now Accepting Recommendations

2009-10-27T06:37:00.000-05:00

For your information, I will now be accepting "trials" of software, books, etc. If you'd like me to review your product, and you don't mind being assassinated if it sucks, please email me. I'll be happy to examine the product and make a recommendation to my readers. I'm adding a new review column each week.

If I like your product a lot, you might even get a top-billing link in the sidebar.

Simplify Your Site

2009-10-26T07:03:00.002-05:00

Want to make your website more manageable, and improve your SEO and Google ranking? You have to try the Headway Theme for Wordpress (full disclosure: I make a little money if you'll click the link). I'm sure there are other themes out there that do the trick, but I've found this works just as well, and costs less money.

Truthfully, the Headway Theme is the best tool for developing and maintaining a website. It's easy to set up, easy to maintain, and more importantly, the theme generates results.

I started my firm's website by coding HTML and spending hours trying to make it look right. In the end, I can't attribute any prospective clients to my hours of work. Frustrated that I had a non-operable, and basically worthless site, I switched to Headway in August 2009. I used the theme on both my firm's site, and my firm's blog.

Literally, in about 1 hour, I restored the site, and was changing/adding content without a complex database or coding. In about 1 week after that, my site and blog started receiving credible incoming links and prospective clients.

I could drone about the wonderful features of Headway, but you need to experience it yourself. Heck, it's only $87.00 (for the "newbie" version), and if you don't like it, move on to something "better." Just because it's such a great value & tool, I guarantee that if you purchase the theme from my link, and you're not satisfied with it, send me an email explaining why you don't love it & why it's not working, and I'll refund your purchase price. I'm not an employee of the company, it's just that good. You won't turn back. The Theme is simple to use, and the support is top-notch.

If you're looking for a tool to improve your marketing and Google ranking, Headway is that tool. What's more, Headway's support is wonderful, and Clay Griffiths is fantastic about answering questions (even the dumb ones) and providing the tools to help you succeed.

The forum on the Headway members' site provides excellent examples of some great law firms using the theme. Here are some of my favorites: Linarducci & Butler, P.A., Law Office of Lawrence Ballew, and Sarah White. I'm sure there are a number of other attorneys using the theme, they're just not listed.

End note: if you're looking for a great web hosting service, check out my provider, ipower(dot)com (disclosure note: I get a little kickback if you purchase). It's reliable, easy to use, has great web support, and a great bang-for-buck bargain (can't beat their current offer - unlimited space, 2,500 emails for $5.95/month).

Edit & Update (11/9/09): Check out this blogpost giving some additional reasons to utilize the Headway Theme.

On Dignity

2009-10-25T06:06:00.000-05:00

I wrote a little post over at the firm's blog about the importance of dignity.Surprisingly, I guess because of our human nature, some of us find being charitable and dignified difficult.

One of the important things I've learned during the course of my education and career, is that treating people with dignity and respect will get you further than anything else.

I believe that the reason lawyers have such a bad reputation is because we're known to lack a general decorum of dignity and respect. Heck, who could blame us anyway? The adversarial system begs for the degrading remarks and behavior.

Quite simply though, it's important to remember that everyone deserves dignity and respect. It's too easy I think because of media exploitations, to discard people because of their troubles, behavior, or problems.

Everyday attorneys meet and deal with troubled and/or problematic people. Sometimes, despite their most ambitious attempts, these people cannot get out of their dreadful situations. It's not for us to judge their behaviors, rather, as counselors, we should strive to find ways to help.

By treating clients and colleagues with respect and dignity, attorneys could improve people's general perceptions, and do good. Attorneys have numerous opportunities to give charity. It's easy to forget that people are people, and not some inanimate object or other creature. They too had dreams, aspirations, and goals, which too quickly and too easily got consumed with life.

Five (or Six) Things to Becoming a Successful Attorney

2009-10-09T06:19:00.001-05:00

If and when you make the decision to go out on your own, I believe there are essentially 5 "must-bes" for managing your legal practice. Here they are:

First, you must be a good (and fast) researcher.

I'm talking about being able to find information quickly. Whether it's legal information related to a case, or more simple problems, like simple addresses, you have to be able to know where to look for that information, and how to get it quickly.

I remember going to my first summer job after my 1L year in school. My supervising attorney presented me with a question, "How do I get a foreign judgment recognized in Oklahoma?" That was never addressed in my Civil Procedure class (although it's outlined in the Federal Rules and state rules), and I immediately panicked. Unfortunately, my education and my research/writing class hadn't prepared me to answer this simple question. Fortunately, I had Google, which helped unwrap the mystery and provide a quick answer.

Second, you must be techno-knowledgeable.

"Techno-knowledge" isn't about being able to fix and repair your computer or network (although it helps immensely). Techno-knowledge is about seeing and accepting technological enhancements in your legal practice. You can't afford to (and shouldn't), "do it like everyone else." The problem with trying to be like the big firms is that you don't have the capital or ability to support massive, bloated systems.

Techno-knowledge helps you appreciate that there are easier, and less-costly, ways to "do legal business."

For instance, there's an older attorney in my office, who I look up to as a mentor. He's a solo-practitioner who is very knowledgeable about the law. However, this attorney runs his legal practice like computers & the Internet don't exist. He can't fax documents. He barely can send emails, and he still uses standard mail to send materials.

Yesterday, he had a packet of materials he wanted to send to opposing counsel. He weighed the materials, and worked diligently to get them under USPS's 13 oz. requirement. He opted to split the packet into two mailing to save a trip to the post office. I asked why he wasn't faxing the documents to opposing counsel, or better yet, why he didn't send an email. He gave a scoffing laugh at me, and at this suggestion. The truth however was that he would spend more time/money on postage and preparation, than what the documents were actually worth.

Third, you must be aggressive and confident.

If you're solo, then the first thing you'll notice is that the other side may not take you seriously, especially if they're in a bloated big law firm. The other side may, because of your presumed "inexperience," seek opportunities to manipulate you, using your "inexperience" as a supposed leverage. This may get you discouraged. Don't get discouraged!

The truth is, you likely have more authority to decide the case than they do, and to get your client the best deal. The truth is, you're a partner in a law firm. Use this knowledge to bolster your standing at the bargaining table. Moreover, and especially if you're newly minted, let this fact be the mammoth motivator to help harness strength when you feel pressured.

I had a recent experience when I dealt with a big law "Goliath." The lead attorney partner (or more likely the attorney's assistant or associate) missed an important deadline in a litigation case. An associate called my office seeking written authorization to retroactively meet the deadline. I advised the associate that I didn't have a problem recognizing the deadline, and would agree to their correction, if they followed the proper rules of procedure. The associate expressed concerns about having to "follow procedure" rather than "accommodate the other side," and hung up.

Shortly after my conversation with associate, lead attorney partner calls. Lead partner approaches me with associate's proposal. His intent was to bully me because of my "inexperience" and supposed "fear". However, I stated that my client held the "ace-in-the-hole," and that his client missed an important deadline. I would be fine addressing any concerns about my demand to follow procedure with the judge, but I was confident the attorney didn't want to argue that issue. After a short silence, big law lead attorney relented.

Fourth, you must be humble and teachable.

Recognize your limitations now, even the small ones. Those limitations soon become huge obstacles. If you can't type well, hire someone (a virtual assistant is a great option) to help you. If you have a hard time speaking in public, learn. Your inability, even small, to do something can hinder your overall performance.

I have a hard time with procrastination; I know, it's a weakness for a lot of people. Therefore, unless I correct the poor behavior, such as setting daily goals and making to-do lists, I'd have too much to do, and never get anything done.

In the same sense, if you're really good at something, there's no need to let the world know. The thing I learned quickly in law school was that no matter how intelligent I was, someone else was better.

Take an opportunity to use your weakness or strength to help build your abilities or someone else.

Fifth, you must be appreciative and optimistic.

Take a minute to recognize that you're doing what you love to do, with as much freedom and opportunity as you can muster. Appreciate the blessing you have everyday. Have optimism that you're heading in the right direction, and are achieving goals. If you can't be thankful for where your life is, then you certainly need to evaluate.

I love what I'm doing. I am getting the fulfillment of life that I desire. I remember trudging through undergraduate jobs hating everyday I worked there. I remember dreading Sunday because that meant Monday, and my disgusting job, followed. I recently read a friend's Facebook status update that said, "There should be a 3rd option when asked if you want to log off that says, 'Hell yes.'" Don't be that person.

You must examine your life and appreciate your situation. I've found that it's much easier to resolve difficult problems when I appreciate the challenge, and become optimistic about resolving the issue.

Finally, you must always be honest.

This is the general caveat for the legal practice and for life, but specifically for you. Commit now that you will be honest to yourself and everyone else. I adhere to the philosophy that there's no great honor to have one's honor.

You will achieve more in your professional and personal life if you are honest, than you will by lying. Nobody likes to be lied or conned to. I can't think of anything less satisfying than asking another attorney about opposing counsel than to hear "if he/she says it's raining, you'd better check out the window."

What a mark on one's character. Don't let that type of behavior or reputation ruin everything you've sought to achieve professionally and personally.

As an endnote, I'm sure there are countless other words of advice to add. If you'd like to comment, please do. I appreciate all your feedback.

The Basics of Getting Paid - Part 2; But Nobody's Hiring Me

2009-10-06T10:01:00.003-05:00

Face it right now, especially if you're a newbie/soon to be newbie, you're not going to get Michael Jackson (I know, he's dead), Mike Tyson, or the latest A-list Hollywood star divorce. You're not even going to get the B, C, or F-list divorces. Unless you know the person, they're going to go with [Insert Local Family, Criminal, or etc. Law Super-Attorney's Name Here]. The people you're going to serve are just like you: middle-class Americans, trying to make a decent living, and are now having problems.

Sometimes though, you'll find that even these decent middle-class Americans aren't hiring you, despite the fact you've quote 100 fees today. You might get discouraged, or you might start to think your fees are too high, and consider changing your rates. Unless you're charging $250 per hour, don't think about it! More especially, don't change your fees or cave to your doubts.

The worst thing you can do is start to believe you've mispriced your rates. The truth is, you're just like the other 90% of attorneys in this world who aren't getting the clients. Remember, clients have a variety of reasons for not hiring, and most likely, price isn't one of them. Good pricing makes the potential client truly evaluate their situation (check out my post here for a frank firm to client discussion about fees).

When you're not getting hired, it's time to reevaluate your sales pitch. What are you doing/saying? Quick, you have 60 seconds to sell your divorce/family law/bankruptcy/etc. services, what will you the caller? Have you even thought about your telephone pitch?

There's a great blog post by Jay Fleischman, titled, What if the Client Set the Legal Fee? The post is a candid look at fees and services. Mr. Fleischman, makes the point that "[v]alue must be built from the very first moment you begin to market your bankruptcy practice (or, for that matter, any legal niche). You need to stand in the client’s shoes and determine what it’s worth to them to get out of debt, and exactly what you can do to build up that value to a point where it matches or (ideally) exceeds the price tag associated with your services." I wholeheartedly agree.

I looked at the reasoning behind my "failures" and found that I didn't think I was giving the client enough information about what I would be doing to help them. When speaking with potential bankruptcy clients, I found I simply told them, "I'll help you file bankruptcy under chapter 7." No wonder I wasn't turning phone calls into clients. What exactly does that mean? And why does that justify my fees? Heck, anyone can file pro se and save themselves hundreds.

So, after this brief evaluation, I revised my pitch:

I'll help you file chapter 7 bankruptcy. This will involve meeting with you in person and talking on the phone at least 3 time to discuss your paperwork and financial information. I'll also be filing out the bankruptcy petition and compiling the financial data you've given me. This usually takes 1 day, or about 8 hours. When the petition is filed, we'll continue to talk, and I'll probably call you 2 or 3 more times to discuss simple issues that arise. We'll meet for the 341 meeting, which is a simple hearing before the bankruptcy discharge. All these services will be part of your [Insert fee amount here] fee. Of course, you're free to call or email at anytime with questions. When would you like to meet?

After discussing these things, I'm able to answer any questions and resolve any concerns with the client, before recommitting to the engagement meeting. The script, or something similar, takes about 60 seconds to recite, and has a powerful effect on people's actions.

I believe when you've carefully explained what value they're getting, this helps resolve a client's anxiety about paying your fee, and trusting your service.

Unlike a tangible product, judging the quality and value of services is difficult. Clients will not hire you for the task if they don't feel you can accomplish the job and get them the "justice" they deserve.

The Basics of Getting Paid - Part 1; How Much Should I Charge?

2009-10-06T07:03:00.002-05:00

One of the biggest problems with being on your own is the ability to generate revenue. This is difficult regardless of your career field, but more especially in costly service fields, like law. With the challenge of new generating revenue, also comes the task of collecting the money before or after services are completed. I'm going to make a series (is 2 considered a series?) of blog posts dealing with the dirty issue of making money, because, face it, this business (or any) is about making money.

This first post will deal with some of the challenges you'll face in selling your services, and setting prices for your services. The second post will deal with collection matters, including the issue of whether you sue your client. If you have questions along the way, or would like me to talk specifics, please let me know.

How much should I charge?

The question that drives fear into every new solo's heart is, "how much do you charge?" This is especially true for recent graduates who hang their shingle. I remember when my first client confronted me with the question, and how my heart sank when I had to respond.

Sure, I'd talked to others about their fees and hourly rate, but without much else, I knew little about the market for new attorneys. Some friends I knew who worked at big firms boasted about being billed out at $250 per hour, that seemed extravagant to me though, especially when I knew most of these associates had little or no practical legal skills.

As I talked, many people offered the practical advice that I should bill $100 per hour, based on the number of decades in practice. For instance, since I had practiced law less than 1 decade, my hourly rate should be $100.

Finally, I settled on a slightly higher hourly rate that I felt confident could benefit me in two ways. First, the slightly higher rate would discourage "bargain seekers" from hiring me. In my experience, client seeking bargains can never (yes, I said never) appreciate the value of your services. Moreover, the bargain seeker will consistently challenge your decisions/suggestions, and most likely will make unreasonable demands to resolve the case. You will soon regret the lower hourly rate. You will find that a client who accepts your higher rate will become your ideal client. Believe this fact too, there's plenty of other attorneys who will take these clients, don't despair.

Second, a higher rate would allow me to adjust, my fees for the "pro bono" client, while still making enough to keep the doors open. Trust me when I tell you that you'll have plenty of opportunities to give away your services. Whether you offer discounts to friends/family/good clients, through genuine pro bono services, or to your "charity" clients (mine are kids), the opportunity to help someone will be there. What's more, these clients will appreciate your "discounts" much more than the others will.

What about flat fees?

I love flat-fees (or one fee for all services). They're the heart of my practice, and are especially valuable to clients.

The problem with the flat-fee billing method is that it's extremely difficult to "value price" your services, and account for specific, and often time consuming, nuances in cases. I found early on that it's a good idea to "bill" for everything you're doing on the flat fee case (I use QuickBooks Pro to tally time, mileage, and case expenses). This helps to give you a general idea of how "difficult" a case is, and provides a good reference point for future cases.

For instance, for a "simple" or uncontested divorce I charge $1,000. I arrived at the amount because I learned early that $500 and & $750 did not adequately compensate me for the amount of time I spent dealing with issues in the case. When I finished my first "simple" divorce (which I took for $500), I ended up making $5.75 per hour. Not even minimum wage!!

Granted, because this was my first divorce case, I cost myself more time by not knowing particular shortcuts. Moreover, because I "bill" for everything (time, postage, mileage, telephone calls, hourly casework), I increased my rates.

The important thing I learned though was that I needed to have more money to make the cases worth the time, effort and costs. Remember, you're in a business, despite the idealistic mantra your professors gave you. If you're not making money, you're not going to survive.

Anniversary

2009-10-02T05:50:00.000-05:00

Just wanted to say, "Happy Anniversary" to me.

One year ago I opened the law firm, Absolute Legal Services, LLC. We've had some great success, and I'm generally proud of my achievements so far. I started as a litigation/bankruptcy/divorce firm, and have since added services in immigration and social security disability law.

Although there's some lean times, there's also some pretty exciting ones too. I am absolutely happy with my decision, and can't say I regret looking back on anything.

Cheers to another successful year!

I Love "PMS"

2009-09-01T06:14:00.000-05:00

You must have Practice Management Software or PMS. This revises my previous opinion, wherein I waffled somewhat in fully recommending PMS for your firm.

Recently, I had the unpleasant experience of dealing with an issue outside of my legal work. I had to resolve the issue by examining my PMS for notes, memos, etc. By having quick and easy access to the information, I quickly resolved the issues and was able to focus fully on my legal work.

Again, MS Outlook is great for managing mundane items (like calendaring) and tasks (like finding contacts) (see here for my praises). However, if you're going to be serious about managing phone calls, tasks, calendaring, voice messages, documents, correspondence, emails, etc., you need a practice management system.

I've tried to use MS Outlook to keep track of client data, such as messages and communications. After awhile, and if the case grows complex, the information gets jumbled. Plus, you have to remember to notate the discussion in the "notes" section, or you'll forget or lose the conversation.

Sure, there are some similar restrictions and flaws with PMS, although I don't think they're as severe. I think it's a little easier because you're already reviewing the file information, and notations are just as easy. Moreover, because all of the information is in a centralized location, you're saving time by not having to open multiple folders to find the right documents.

Finally, and hopefully, if there's ever a need to "save your bacon", PMS may provide that one extra tidbit that your case file and it's 5,000,000 documents is missing.

Name Game

2009-08-27T10:35:00.001-05:00

I want to rename and re-theme this blog. Right now it's "Legally Easy: Helping you discover a different perspective on the legal world." I'm not particularly opposed to the Legally Easy name, although the theme or slogan is somewhat less-than-desirable.

I'd like to enlist your suggestions in developing a new name/theme (or whether it's necessary). Feel free to comment or email me your suggestions. I plan to offer a small reward ($25 gift certificate to a national restaurant chain) for the best suggestion. I promise not to use your email for anything other than notifying you if you're a winner.

Ready...set...GO!

The Power of Your Practice

2009-08-27T06:27:00.002-05:00

Basically, two companies compete for your business in the note-taking/storage field: Microsoft and Evernote.

Microsoft offers an excellent utility, which I used all through law school, called OneNote. The main idea of the program is that you can clip and paste different stories, articles, pieces of research, etc., into the program, then use those "notebooks" to organize the information you need. My biggest problem with the program is that it ran slow (not dreadful), and that it relied on me to make sure accurate backups were in place to protect my information (never a problem for me, but I know several people who lost their entire semester's worth of notes because of a computer glitch.)

Enter Evernote, an online application that functions much like it's more costly counterpart. I LOVE EVERNOTE! I use it daily in my practice to organize materials, trial notebooks, etc. The greatest feature about Evernote is the price: FREE (although paid upgrades with more features are available). Even the paid or "premium" Evernote service is arguably more affordable and cost-effective than MS OneNote. At $45 per year (versus $99 for OneNote full version), Evernote is bound to save you costs & the time consuming hassles of having to manage your own information.

Evernote features an iPhone and BlackBerry app, a FireFox plugin, and a desktop program. Together, these provide more versatility to the program than it's competitor, OneNote. Where OneNote is designed to function more in the TablePC environment, Evernote's design encourages the familiar desktop/word processing atmosphere.

Using the program to improve your practice is like using any software. The important part is to find the niche for you. I like using the program when I'm researching case law, organizing trial notebooks, and managing the everyday functions of my law practice.

Evernote allows you to create "notebooks" that handle the subjects you'd like to manage. For each case usually trial or litigation) I'm working on, I create a client notebook. From there, any notes regarding strategy, research, or special information gets placed into the client notebook. I do not use Evernote to manage the daily features of the practice or client matter, rather, Evernote is a tool to organize the big picture. The program is particularly useful in mapping issues and organizing thoughts. I've used it multiple times to organize and prepare for a deposition and trial. The utilities are endless!

Finally, some are critical about the confidentiality or risk of "cloud computing." For me, this isn't a big deal. I don't store confidential information online, and I like to believe that most judges will recognize the benefits of these systems, and rule that any information released would still be protected by the attorney-client privilege. Maybe that's my naivete, but arguably, a cyber-attack or hacking doesn't result in losing the privilege.

That being said, I don't believe that Evernote's Terms of Service would cause a heightened concern. Unlike other providers who may claim an interest in your materials, Evernote doesn't, at least to a relevant extent of sharing the information. Evernote's TOS provides, "you retain all of the rights you had in your Content before you submitted it. In fact, unless you elect to enable others to view or have access to the Content you submit to the Service, no one else should see it without your consent." Concern averted. If you can see anything I'm missing, please let me know.

P.S.: I wrote here about using Evernote to build a Practice Manual, in case you're interested.