Client service - an update and different perspective
Carolyn, in response to my comment about client responsiveness, suggests that fast response is not always possible. I agree.
There are some options, however, that one can apply to achieve a similar result. First, if you are busy and employ one or more staff, have the staff person set up an appointment for you when you will be available. That might be later that day, in the evening or the following day. The fact that the client knows you will call at a time certain is most often sufficient.
Studies have shown that most calls are process calls, calls that the staff person can answer. So much the better! Thus, you, the lawyer, have to deal with only 20% of the calls anyway ... and can call the client back when you're available.
If you're a true solo and have no one to set up such an appointment, you must find a way to manage the clients expectations. Do this in the first intake session with the client. Tell the client that if you don't answer the phone or return the call within two hours (or something of this nature), it's because you are in court or otherwise just unable to respond. But, have no fear, you will call in the evening or early morning, depending on the client's preference. Managing the clients expectations from the very beginning will avoid disappointment and anger by the client.
Departing lawyer copies firm's documents
The question was asked: Can a departing lawyer copy documents from files of the "old" firm?
There may be consensus that that is not appropriate where the objective of the departing lawyer is to take clients from the firm as he/she leaves.
There is less agreement where there is not "some other nefarious purpose" such as seeking to have a body of work, form files, from which to commence new work for new clients in the new law firm.
The "other nefarious purpose," however, relates to violation of copyright law. Even if the lawyer created the product himself, the copyright protection attaches to the documents and resides with the law firm ... analogous to "work for hire" in which the creator has no proprietary rights. Those rights belong to the person/entity that paid for the work.
Stealing the client need not be the issue, but "stealing" the work product of the firm is ...
And there is another perspective: "The file and its contents always belong to the client, and neither the firm or a departing lawyer. You need permission from your client to move the file...I personally think you can keep a copy, but you would not have property or intellectual property rights attached to it since the work product belongs to the client." Joan M. Swartz
What is correct and what is enforced, however, may be two different things ... and the suggestion that agreement and being up front is better and always the safest bet, especially if there is any possibility of getting future referral work.
Managing litigation
Noted physicist Freeman Dyson once said: "The technologies which have had the most profound effects on human life are usually simple." While he was most likely not referring to index cards in particular, he was referring to the fact that sometimes the simplest solutions work best.
Reference here is to an article about the use of 3 x 5 index cards. Very simple, yet ingenious.
I recommend that you look at www.technolawyer about this subject ... an interesting article.
26% of Your Profitability Is In Your Hands
Is your firm as profitable as it could be? How does it measure up vis-a-vis its peer group? And what defines that "peer group," precisely? Do you ever wonder what you could do to improve its margins? Structurally or strategically, precisely what would that entail?
A very interesting article. Worth the time to read ... and study the underlining information.
How do you define service?
Tom Collins makes an excellent point: "Do you believe that law firm clients are happy to have their e-mail and phone calls returned the following day? Do you think clients are happy to deal with someone hiding behind their phone system? Would they be happy dealing with someone who places a greater priority on their own efficiency than yours?"
Why Paper Still Matters
See the NY Supreme Court blog posting today for a look at my recent article on the subject of paper and the paperless office.
Contrarian View of the Paperless Office
TechnoLawyer, in its TechnoFeature, today published my article, Why Paper Still Matters: A Contrarian View of the Paperless Office
See www.technolawyer.com for more details.
Mirth comes from the strangest of places
Dr. Terry Paulsen, well-known speaker on corporate change, has started his new e-zine with the following gems, among others:
Continue Reading...Can a lawyer have a "balanced" life?
Most people think that lawyers have "no life." Being a lawyer is demanding, both in terms of skill and in terms of time spent working. Is there such a thing as a balanced life for lawyers? Is this a myth?
One law firm, Pittsburgh's Kirkpatrick & Lockhart Nicholson Graham LLP believes it will get more from its lawyers by demanding less.
The eyes of other law firms will be on KLNG and other such firms to see if they remain economically viable while allowing/encouraging its lawyers to take time off, become involved in other interests and, in effect, have a life outside of the law firm.
Continue Reading...Testimony At Ethics Commission May Stifle Sale of Law Practice
Venice, CA
FOR IMMEDIATE RELEASE
Poll suggested that the revised ABA Model Rule 1.17 currently in place achieves the appropriate compromise between the lawyer's and the client's interests and avoids the drafting difficulties currently being examined by the Commission.
This year, Illinois joined the list of states permitting the sale of a law practice. Oregon is the most recent state to modify its rule, following the ABA revised Model rule.
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Friday the 13th -- Make it the best
Here's a note from Terry Brock, a techie guru from Florida. Great advice, Terry:
Continue Reading...Why people hate lawyers ...
This is a comment from a listserv of small firm practitioners that bears repeating:
making it inside...
Continue Reading...Never discount your price!
"If your only entry point is price, you don't get their loyalty," Zhang said. "And if price breaks is your only selling point, there is always someone who can undersell you." These are the prophetic words of an attorney currently competing for business in China.
Continue Reading...Another blog to start 2006
The Wall Street Journal has joined the world of blogging and law. Last week saw its first entry.
I'm sure they will be top notch as is most of their reporting.
Creating your personal income statement
Money is a good topic for the beginnging of 2006! And, particularly, it's important to know if/how much you personally contribute to the health of your law firm. See my latest article in the December 2005 edition of the ABA's Law Practice Management Magazine. Can your firm afford to keep you?
This edition is an outstanding resource that addresses various aspects of running a law practice successfully.
M & A already!
It's only the first day of the new year, and I received notice of more large firm mergers! What does that portend for the rest of the year?
"A British trade publication reports that St. Louis law firm Bryan Cave LLP is in merger talks with Cleveland-based Squire, Sanders & Dempsey LLP. A deal would create one of the 10 largest U.S. law firms, with more than 1,500 lawyers."
This seems to reflect the American dogma: Growth is good, stability is bad.
At the same time, however, this will cause change and change creates opportunities. Keep your antennae up for new opportunities for lateral hires of lawyers who become dissatisfied with the new structure and for clients who may prefer the more personal service of a "smaller" law firm.
