I knew something was wrong
9-11 has become a date fixed in infamy. Like December 7th (Pearl Harbor). Like many other dates.
The other day, I was listening to NPR; the topic under discussion was 1945 ... another date of disaster. On that date, a B-25 plowed into the Empire State Building. Fourteen people died, but it was a tragedy nonetheless. It was an accident, not premeditated murder, not a political statement. Yet, it was a large plane colliding into a tall building in a densely populated area.
Funny how we forget history. I never learned of this. The people of the time suffered and experienced pain, but it did not become a cause celebre. But, also funny (in a sad way), how the politicians of our day used this event for their personal benefit. Sad that this one event spelled the historical demarcation for Pres. Bush's presidency and how everything done after that was tied to this one event. Sad (not funny) that so many of our civil liberties have been peeled back after decades and centuries of fighting to attain them. Contrast that with 1945 when that event was the catalyst that created the Federal Tort Claims Act of 1946 that allowed citizens to sue the federal government for injuries visited on them by the government. One might say that the government did something to soothe us ... rather than to rile us up as we have been in the last 7 years ...
Just a personal observation on the importance of leadership ... leadership that soothes us and that helps us recover, reassemble and build a better future. Lyndon Johnson failed to do this and it took us at least a generation to overcome his folly. George Bush failed to do this and I'm fearful it will take us more than a generation to recover, if ever. And here, I'm merely mentioning economics, not liberties which seem to be lost altogether.
Leadership is essential for the effective performance of a team ... There are many examples in government and in industry. Law firms need to find leaders to better serve their clients as well as the members of the firm. Leadership skills can be taught ... and law firms need to focus on this skill if they want to advance.
The other day, I was listening to NPR; the topic under discussion was 1945 ... another date of disaster. On that date, a B-25 plowed into the Empire State Building. Fourteen people died, but it was a tragedy nonetheless. It was an accident, not premeditated murder, not a political statement. Yet, it was a large plane colliding into a tall building in a densely populated area.
Funny how we forget history. I never learned of this. The people of the time suffered and experienced pain, but it did not become a cause celebre. But, also funny (in a sad way), how the politicians of our day used this event for their personal benefit. Sad that this one event spelled the historical demarcation for Pres. Bush's presidency and how everything done after that was tied to this one event. Sad (not funny) that so many of our civil liberties have been peeled back after decades and centuries of fighting to attain them. Contrast that with 1945 when that event was the catalyst that created the Federal Tort Claims Act of 1946 that allowed citizens to sue the federal government for injuries visited on them by the government. One might say that the government did something to soothe us ... rather than to rile us up as we have been in the last 7 years ...
Just a personal observation on the importance of leadership ... leadership that soothes us and that helps us recover, reassemble and build a better future. Lyndon Johnson failed to do this and it took us at least a generation to overcome his folly. George Bush failed to do this and I'm fearful it will take us more than a generation to recover, if ever. And here, I'm merely mentioning economics, not liberties which seem to be lost altogether.
Leadership is essential for the effective performance of a team ... There are many examples in government and in industry. Law firms need to find leaders to better serve their clients as well as the members of the firm. Leadership skills can be taught ... and law firms need to focus on this skill if they want to advance.
Paralegal compensation
A recent ALM Research annual compensation survey for Paralegals/Legal Assistants and Managers, suggested some interesting statistics.
Like every other profession and trade and business, the practice of law is a business ... That means we're governed by the same formula: P=R - E. Profit (take home pay) equals revenue collected less expenses.
Remember the ABA study that opined that lawyers who billed 1,500 hours per year would earn a substantial income? Apparently, the standard today is between 1800 and 2200 hours of billable time. That doesn't leave much time to eat, brush your teeth or say hello to your kids. And, of course, this does not include the hours spent on visioning the future of and operating your practice today as a business, which it is.
We need to spend many hours tilling the soil if we want to advance, both professionally and economically. "The grass is NOT greener on the other side." It's just a different set of challenges.
- Compensation increases averaged between 3 and 5%
- The highest paid paralegals are litigation support/technology managers who earned a median annual base compensation of $115,000
- The average billing rate for paralegals was more than $150 per hour, with rates for most positions exceeding $175
- Paralegal case managers in law firms averaged 1,642 billable hours, followed by senior paralegals at 1,530 hours
Like every other profession and trade and business, the practice of law is a business ... That means we're governed by the same formula: P=R - E. Profit (take home pay) equals revenue collected less expenses.
Remember the ABA study that opined that lawyers who billed 1,500 hours per year would earn a substantial income? Apparently, the standard today is between 1800 and 2200 hours of billable time. That doesn't leave much time to eat, brush your teeth or say hello to your kids. And, of course, this does not include the hours spent on visioning the future of and operating your practice today as a business, which it is.
We need to spend many hours tilling the soil if we want to advance, both professionally and economically. "The grass is NOT greener on the other side." It's just a different set of challenges.
"No regrets - I gave it my best shot"
Tonight, ABC did a program about Randy Pausch, the Carnegie Mellon University computer professor who recently died of cancer. His "last lecture" has become famous, is a book and apparently will be a movie in the near future.
His story is inspiring. His last comment: When you walk off the field, can you say that you gave it your best shot, that you "left it on the field," and that you have no regrets, even if the end result was not as you would have liked. One of his last comments was to say that he waited until the age of 39 to marry because it took him that long to find a woman whom he loved more than himself. The love and support between these two humans, and their children, also, was a joy to witness.
His comment is an outstanding rule for life, a mantra to live by ... and it's also a very good rule for your law practice. Are you truly committed to your and your law firm's success? Are your clients the focus of your attention and your primary concern? Can the circle of your joy be extended to include your colleagues and staff? Do you have a toxic law firm environment? What can you do to eliminate this toxicity? What can you do to have a life and a law business you enjoy and value?
His story is inspiring. His last comment: When you walk off the field, can you say that you gave it your best shot, that you "left it on the field," and that you have no regrets, even if the end result was not as you would have liked. One of his last comments was to say that he waited until the age of 39 to marry because it took him that long to find a woman whom he loved more than himself. The love and support between these two humans, and their children, also, was a joy to witness.
His comment is an outstanding rule for life, a mantra to live by ... and it's also a very good rule for your law practice. Are you truly committed to your and your law firm's success? Are your clients the focus of your attention and your primary concern? Can the circle of your joy be extended to include your colleagues and staff? Do you have a toxic law firm environment? What can you do to eliminate this toxicity? What can you do to have a life and a law business you enjoy and value?
Earthquake land
We just experienced a major earthquake! One of the largest I've ever felt, with the house swaying back and forth. Also, this is the first one in the mid-day. The others I've experienced have been in the very early morning. Not sure whether this part of the earth warming or just Mother Nature speaking her piece again!
Hope y'all are o.k. wherever you may be.
Hope y'all are o.k. wherever you may be.
Lawyer rating
We've spoken about lawyer rating services before. In one such post, we even mentioned the opposition one State raised about one such service.
How would you like to be a doctor and rated by several such services? Check out www.RateMDs.com, www.DrScore.com, www.Healthgrades.com, www.vitals.com, www.nursesrecommenddoctors.com, www.angieslist.com. There's a lot of "rating" going on these days.
Also, check out what your State Bar is doing about placing more, unwanted, information about you on their member websites. California Bar, for example, recently adopted a provision that will compel lawyers to notify clients if they (the lawyer) don't carry malpractice insurance ... and this information will be posted on the California Bar directory in the membership records segment that is open to the public. Other information, such as if there has been a complaint (not a conviction!)against the lawyer will also be posted. (Note that according to the Bar, about 8% of all complaints are dismissed or the lawyer is found to be innocent of the charge - but the posting will remain on the internet!) Big Brother may, in fact, be watching.
Be kind to techies -- or else!
Checks and balances is a key element of American democracy ... and our economic success. Apparently, San Francisco forgot the lesson ... and has paid dearly. This is a lesson that all law firms must learn ... and practice ... or possibly be guilty of multiple counts of malpractice and violation of Rules of Professional Conduct! It is a basic rule of the Business of Law.
Continue Reading...
Bruce Callow talks about the "dashboard" concept
Bruce Callow a CPA and partner in the Seattle, WA accounting firm of Clothier & Head talks about the "dashboard." His comments were made to the Financial Core Group of the Law Practice Management Section of the American Bar Association. His comments identify the new "dashboard" concept of having important financial metrics for a law firm displayed in an easy to understand format. Bruce discussed the most meaningful law firm financial measurements and how to show them to law firm management.
16 minutes, 44 seconds
6.9MB
Churn & Burn
Facts:
1. In 2000, 60% of associates left their firms within 5 years.
2. In 2005, 80% of associates left their firms within 5 years.
3. Every time an associate leaves, it can cost a firm from $200,000 to $500,000!
4. "De-equitization" is no longer unusual; in fact, at least one firm has paid millions of dollars in penalties for firing partners -- the EEOC called it age discrimination against employees.
5. Today, many firms are terminating relationships with their attorneys, and corresponding staff.
One could argue that law firms are businesses and merely reacting to the vagaries of today's economy. While that is true, it seems that we are stuck on the horns of a dilemma. Rather than terminating lawyers in one area while at the same time seeking other lawyers (laterals and others) for different practice areas, it seems far more prudent to teach new skills to the lawyers you now employ. This would save the firm money and, perhaps more important, it would enhance the morale of the law firm ... Also, how about preserving the client relationships that the departing lawyers have enjoyed while with the firm?
Something is wrong with this picture ... and until law firm management "gets it," there will continue to be turmoil in the legal community.
1. In 2000, 60% of associates left their firms within 5 years.
2. In 2005, 80% of associates left their firms within 5 years.
3. Every time an associate leaves, it can cost a firm from $200,000 to $500,000!
4. "De-equitization" is no longer unusual; in fact, at least one firm has paid millions of dollars in penalties for firing partners -- the EEOC called it age discrimination against employees.
5. Today, many firms are terminating relationships with their attorneys, and corresponding staff.
One could argue that law firms are businesses and merely reacting to the vagaries of today's economy. While that is true, it seems that we are stuck on the horns of a dilemma. Rather than terminating lawyers in one area while at the same time seeking other lawyers (laterals and others) for different practice areas, it seems far more prudent to teach new skills to the lawyers you now employ. This would save the firm money and, perhaps more important, it would enhance the morale of the law firm ... Also, how about preserving the client relationships that the departing lawyers have enjoyed while with the firm?
Something is wrong with this picture ... and until law firm management "gets it," there will continue to be turmoil in the legal community.
This is truly scary -- Laptops can be searched!
A recent 9th U.S. Circuit Court of Appeal allows the government to search, seize and download laptop data at border crossings despite the Fourth Amendment! Suspicion is not required. A warrant is not required. No protection is available for the individual under this ruling. Just one more liberty removed.
The panel suggested that travelers should no longer expect privacy!
Rules of professional conduct require confidentiality. ABA Model Rule 6.1 provides that "A lawyer shall not reveal information relating to the representation of a client ... " Thus, a lawyer should not have any information on the laptop about clients' matters. If that's true, then can a lawyer travel across the border with a laptop? Arguably not!
The panel suggested that travelers should no longer expect privacy!
Rules of professional conduct require confidentiality. ABA Model Rule 6.1 provides that "A lawyer shall not reveal information relating to the representation of a client ... " Thus, a lawyer should not have any information on the laptop about clients' matters. If that's true, then can a lawyer travel across the border with a laptop? Arguably not!
Are we whiners? Is Phil Gramm correct?
Larry Bodine suggests that our economic doldrums may be over, that thee are signs of recovery. I wonder if Larry talked with former Senator Phil Gramm of Texas?
Is marketing working for you?
Marketers have frequently complained that marketers are not given a “seat at the table” of law firm management. The Legal Marketing Association, in Strategies: The Journal of Legal Marketing, recently expressed the organization’s new definition of marketing: “Marketing is the activity, set of institutions and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners and society at large.”
That’s a pretty broad statement, yet lacks simplicity and directness. This may be one reason why the seat at the table is still denied to many who claim the title “marketer.” Continue Reading...
That’s a pretty broad statement, yet lacks simplicity and directness. This may be one reason why the seat at the table is still denied to many who claim the title “marketer.” Continue Reading...
Be proactive
"Business is a team sport," says Ann Livermore, head of one of Hewlett-Packard's business units. But, she says that this sentiment is not common, even among other business executives. They seem to be more focused on their personal agenda rather than on the well-being of the company.
Does this sound familiar? Is this why law firms, no matter how large, act as though they are hotels for sole practitioners? Is this why even large law firm lawyers talk about "their clients" rather than talking about "firm clients"?
If you can keep your eye on the "team," does your firm have a strategic plan? Is your firm planning proactively for its future, or are you merely reacting to the marketplace and your existing clients?
Does this sound familiar? Is this why law firms, no matter how large, act as though they are hotels for sole practitioners? Is this why even large law firm lawyers talk about "their clients" rather than talking about "firm clients"?
If you can keep your eye on the "team," does your firm have a strategic plan? Is your firm planning proactively for its future, or are you merely reacting to the marketplace and your existing clients?
High Compensation for Poor Performance
British CEO pay rose 287% in the last decade; private sector workers' pay rose only 47% in the same period. Workers' contributions are measured; CEO contributions often are questionable and substantial severance packages are given even when corporate stock prices and earnings have decreased. Under these circumstances, It's hard to ask ordinary workers (who generally live paycheck to paycheck) to take cuts in compensation. (See June 30 article in USA Today.)
The U.S. corporate figures are similar, only bigger.
Now look at AmLaw 100. Are the numbers different? Not by much ... When partners are earning in excess of $1,000,000, some in excess of $5,000,000, how can you complain about associates seeking $160,000? Because the firm will feel compelled to raise its rates to clients? Because some clients will resist? And the C-Executives complaining are earning how much? How many millions?
Sorry, but in this circle, there is little sympathy for the corporate client with those numbers who complains ... This corporate client has options: Why not engage regional law firms with equal skills and lower rates? Is it necessary for large firm partners to earn such large sums in order to be at the table with CEOs as a colleague, not as a vendor, or can their expertise be sufficient to earn them the seat at the table?
Interesting difference, though, between law firms and corporate clients. The corporation pays a high severance package while the law firm does not. Another difference is that the corporate executive is able to negotiate the very attractive severance package before entering his/her employment and the lawyer generally is not.
One day, I'll create a listing of the differences between the C-executive and the lawyer. I think this would be very enlightening for us. But, that's for another day.
The U.S. corporate figures are similar, only bigger.
Now look at AmLaw 100. Are the numbers different? Not by much ... When partners are earning in excess of $1,000,000, some in excess of $5,000,000, how can you complain about associates seeking $160,000? Because the firm will feel compelled to raise its rates to clients? Because some clients will resist? And the C-Executives complaining are earning how much? How many millions?
Sorry, but in this circle, there is little sympathy for the corporate client with those numbers who complains ... This corporate client has options: Why not engage regional law firms with equal skills and lower rates? Is it necessary for large firm partners to earn such large sums in order to be at the table with CEOs as a colleague, not as a vendor, or can their expertise be sufficient to earn them the seat at the table?
Interesting difference, though, between law firms and corporate clients. The corporation pays a high severance package while the law firm does not. Another difference is that the corporate executive is able to negotiate the very attractive severance package before entering his/her employment and the lawyer generally is not.
One day, I'll create a listing of the differences between the C-executive and the lawyer. I think this would be very enlightening for us. But, that's for another day.
Never say no to a prospective client
Alan Weiss, The Million Dollar Consultant® asked the following questions: “What do you do when you have a great deal of work and still more requests? In other words, what do you do with an embarrassment of riches to ensure that you retain as much business as possible?”
Continue Reading...
Intake Session Critical to Collecting Legal Fees
The intake process of the first session between attorney and client is critical for collection purposes. One could prognosticate collection success by understanding the effectiveness and completeness of the lawyer's intake session with the client.
See Collecting Your Fee: Getting Paid From Intake to Invoice for more information about the intake process.
Interestingly, Wall Street Journal wrote an article about Countrywide and the source of its problems. The headline mentions the underwriting process being inadequate with many clues being overlooked and ignored. Hence, the credit crisis.
See Collecting Your Fee: Getting Paid From Intake to Invoice for more information about the intake process.
Interestingly, Wall Street Journal wrote an article about Countrywide and the source of its problems. The headline mentions the underwriting process being inadequate with many clues being overlooked and ignored. Hence, the credit crisis.
The Future of the Law Firm
A recently released report from the Eversheds international law firm discusses some conclusions for the future of the legal profession. One of the elements not really addressed in my reading of the release was the disconnect between lawyers and their clients in large corporate enterprises. Why should this be the case? Why should lawyers and the folks they represent be far apart in their thinking about the profession and how it is being conducted?
There is no simple conclusion. But one element may very well be that clients (General Counsel) feel pressure down from their CEOs and Boards of Directors. They need to be more price and cost sensitive. Partners in larger law firms, on the other hand, want larger compensation packages for themselves in order to be seen as peers of the CEOs who are earning far more than in the past; lawyers do not want to be seen as vendors, but as peers ... and frequently compensation is a factor in this perspective. Of course, it's hard to be a peer with a CEO whose average compensation went from 4:1 to 17 and even 34:1 between him/her and the average employee working for him. And it's a bit disingenuous for that executive to say that lawyers' fees are too high. Even in companies whose stock is falling, or whose profits are falling, it is rare to see the CEO offering to reduce his/her compensation.
There is no simple conclusion. But one element may very well be that clients (General Counsel) feel pressure down from their CEOs and Boards of Directors. They need to be more price and cost sensitive. Partners in larger law firms, on the other hand, want larger compensation packages for themselves in order to be seen as peers of the CEOs who are earning far more than in the past; lawyers do not want to be seen as vendors, but as peers ... and frequently compensation is a factor in this perspective. Of course, it's hard to be a peer with a CEO whose average compensation went from 4:1 to 17 and even 34:1 between him/her and the average employee working for him. And it's a bit disingenuous for that executive to say that lawyers' fees are too high. Even in companies whose stock is falling, or whose profits are falling, it is rare to see the CEO offering to reduce his/her compensation.
Here are some of the key findings of the research report and my thoughts related thereto:
