Happy Leap Year
Do you feel as though you're being given a gift, a free day? Best wishes for a great day! Today, we leap forward. Make it a very special day!
Language is Everything ...
We couldn't wait to "get out o' Dodge!"
Now I know the origin of the expression. No offense intended to the good people of this community, but it was hotter than H... when we were there and the people in this business were not dog friendly.
What do you do with your pet when it's over 100 degrees in the shade? Can't take your dog into the mall, into a restaurant, into a movie and not even into this outdoor museum.
Quaint city with some nice features, but not in this heat! :-)
The Virtual Law Office
In this technology-driven age, a lot of lawyers' work can be moved online. Today Ed discusses the virtualization of law offices to help you consider whether or not that move makes sense for you.
Language is Everything ...
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You got that right, by golly!
This should be the slogan of the legal profession. :-)
Managing dockets of small or solo firms
From time to time, we have guests on our blog.
This week, Erik M. Pelton with Erik M. Pelton & Associates, PLLC is our guest blogger.
Excellent management of calendars and deadlines is critical for all attorneys. Big firms can afford dedicated staff and/or software for these matters, but small or solo law firms must properly and efficiently manage firm calendar and deadlines without such luxuries.
A law firm “docket” consists of calendar items such as meeting schedules, court deadlines, discovery deadlines, client obligations, marketing schedules, hearing dates, and more, for each of the members of the firm. Timely tracking of these matters is critical to increasing the chances for successful outcomes of matters. The key to successful docket management is to develop procedures, routines, checks, and backups so that the docket takes care of itself.
Here are some tips for setting up a docketing system:
- Find what works. There is no magic solution and there are many ways to reach the same goals. Be creative and experiment with different possibilities.
- See the big picture. Use a physical master calendar centrally located in the office. For example, I have a wall filled with four large calendars for the current month and the next three months (see photo below). Deadlines, travel, planned absences, meetings, and more are all labeled on this central calendar. I use dry erase so it can easily be changed, and it is color coded for different types of items. The calendars hang so that they can easily be rotated and updated as one month ends and a new month begins.
- A system for intake and inputting new docket items is key. When a new matter or item with a deadline comes in or is created, do not hesitate. Docket it immediately before any chance to forget is created. For example: when I receive discovery requests in a case, I docket the deadlines for when the responses are due before I even read the requests. I set a reminder of the deadline in Outlook as well.
- Err on the side of caution. I docket even potential deadlines and items. If I have to cross them out or erase them, it becomes one less thing to do. Proactively docketing saves having to scramble at the last minute if a “maybe” becomes a “yes.” (Example: a tentative deposition date in a case that might be settled first.)
- Document the office docket procedures and make sure everyone understands how to use and access them.
- Mistakes inevitably will happen when a new system is set up. Learn from them, and tweak the system to make sure that type of mistake will not happen again in the future.
- Have a backup. Even better, have two! (Example: I have a software-based docket, with backups in Outlook and on the dry erase boards.)
A solid docket with a backup does more than help you work efficiently and manage your time – it may reduce potential liability for malpractice and can also reduce malpractice insurance rates.
Managing a docket can certainly be stressful. The time and money invested into a great docket that works for your particular situation will not only serve clients and attorneys well, it will reduce an enormous source of stress and worry.
© 2012 Erik M. Pelton. All Rights Reserved.
Lawyer advertising - Testimonials now permitted!
In our video (see blog post below), we talk about lawyer advertising. That commentary now must be supplemented. A twist to advertising for lawyers ... at least in South Carolina ... is that testimonials from clients are now permitted. Yes, there is a restriction: A disclaimer must be included to the effect that results for one client may not be duplicated in another matter.
But, the entire notion of confidentiality has now come into question. We could not disclose our client list, that violated the confidence of the client. We had to get permission to make any such disclosure. And most were reluctant to even ask clients for this permission. What now?
This will only be the first step toward the complete erosion of this rule and others like it. Yes, the client must participate. Yes, we must tell the truth. And, yes, the results in one matter do not guarantee that the same results will be achieved in a second matter.
We continue down the slippery slope of eroding those vestiges of the legal profession that are different from all other businesses.
Lawyer Advertising
Ed talks about restrictions on how lawyers use advertising on social media websites.
Stress can be a killer
Dr. Oz, the popular television medic, recently said that high blood pressure is the "silent killer." Stress, he said, is one of the major causes of high blood pressure.
Lawyers I talk with almost universally tell me about the stress under which they labor. Because of this, I am on the lookout for ways that my advice about improving the lawyer's operations may also have the impact of reducing his/her stress level. Thus, I am always viewing the practice from a holistic perspective, addressing revenue improvement, operations changes that impact profit, and stress reduction that improves both the professional and personal life of the lawyer. Just knowing that you now have an accountability partner (me as the coach) goes a long way to reduce the stress. For the first time, you really have someone to talk with who can be objective and with whom you can show vulnerability.
In the February 13th edition of the L.A. Times, an article featured a lawyer who clearly is a workaholic. But, she has a marvelous and somewhat unusual perspective of her workload. As the headline says, "stress can hinge on attitudes about work." In other words, if you love what you're doing, it's not work; if it's not work, you may be exhausted at the end of the day, but you won't be stressed out and unable to cope with your environment. Clearly, this lawyer enjoys what she does. Of course, the feature article didn't hurt her publicity efforts either.
With this article, came a new word or label, at least for me: "engaged workaholic." Said differently, if you are engaged with what you're doing, if you love what you do, then it's not "work." It's play ... and how can you get too stressed when you're playing.
Or, as my father used to say about his work, "... This is my hobby. This is what I love to do."
My hope for you (and therefore your clients) is that you love what you do ... and enthusiastically show your clients how to successfully address the challenges they bring to you.
Internal financial controls
One would think that lawyers could keep their eye on the ball. But, somehow, despite the importance of cash and cash flow to the very survival of the law firm, lawyers tend to focus their attention elsewhere. I find this to be true not only in the small firm, but also in some of our larger brethren as well.
Recently, I was asked to consult about "missing cash." The bottom line is that it's easy, for even a longtime and trusted staff person, to lose his or her moral compass ... when money is readily available ... and not regularly monitored! Establish policies for handling cash and for paying bills, the two easiest areas of manipulation by one so inclined. Be persistent in the application of these policies. Ask for an external review of these policies periodically ... and their application. Insist that there be no shortcuts in handling the finances of the firm.
Nothing less than the firm's reputation and standing is at stake! ... And the lawyer's license to practice law.
Language is Everything ...
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Are you Abel or Able?
Are you “for sale?” (See the sign in the background.)
Is this a sign or is this a sign?
The building and the land on which it sits are equally large.
Must be a personal injury law firm.
Non-lawyers running the law firm
In 1995, the U.S. Government recognized my service mark, The Business of Law®. At that time, no one used the word “business” in the same sentence as “profession” when talking about the legal profession. Since then, more lawyers recognize that they are in a service business, but a business nevertheless. And the principles of business are now being reviewed and considered by more lawyers than before. Years ago, I wrote a piece that suggested that even sole practitioners would be well-advised to engage an executive director. The cost-benefits favor the lawyer many fold, though too few sole practitioners recognize this.
Today, large firms are engaging professionals to run their practice, their business. For example, Pepper Hamilton recently engaged a non-lawyer to be the CEO; this isn’t the first firm, though still only a select few, have moved in this direction. They are beginning to understand that it is the lawyer who can set the strategy ... and it is the lawyer who must do what only the lawyer can do, get the business (marketing) and do the work (production). But, others – professionally trained and skilled as support for the law firm – can take the law firm to higher levels of success than would otherwise be the case.
Five Cards & Three Feet
Today Ed talks about a basic sales mantra: "Meet People! Meet People! Meet People!" He shares how Five Cards and Three Feet can help do this.
Language is Everything ...
St. Louis has not yet realized that the legal age for having fun is 18!
Tips for Hiring and Managing Staff at Small/Solo Law Firms
From time to time, we have guests on our blog.
This week, Erik M. Pelton with Erik M. Pelton & Associates, PLLC is our guest blogger.
Unless you are truly a solo practitioner, you will experience hiring and managing a staff (even a ‘virtual assistant’) at some point. In fact, unless you are super-efficient or already established, some form of staff is likely necessary to manage a growing firm and the marketing needs. For example, in my 12 years of practice (starting and managing a small firm), I have hired and supervised numerous associate attorneys, paralegals, and interns, as well as a variety of subcontractors.
Hiring and managing is no easy task – especially when you have no relevant training or experience. Law school gives most of us the experience of being interviewed, not interviewing others; of writing resumes, not reviewing them; of taking instructions, not giving them.
Use the following keys for making successful hires in a law firm, and you should fare well:
- Personality and character are at least as important as experience and skills. Skills can be taught, but bad character or clashing personalities cannot be overcome.
- Reward staff that are trusted and hard working. When financial raises or bonuses are not available, provide additional vacation time. While this represents and increase in expenses, the financial and other costs (time, risk, productivity) of replacing someone good who leaves for another job and training a new hire are generally far greater.
- Let employees develop their own “brand.” Encourage them to participate in associations, chambers of commerce, or other activities that are good for the firm and good for their professional development.
- Provide occasional non-work opportunities to socialize with employees and their families and significant others. Take them out to dinner, sporting events, or the like.
- Lead by example. Actions speak louder than words. These clichés are generally true and can have a big impact. If you expect your staff to do something in a certain manner or act a certain way, you must lead by example.
- Don’t micro-manage. Delegate and provide support to your staff, but allow staff the room to grow and to figure things out on their own.
- Provide periodic reviews. Offer constructive criticism and positive reinforcement. Provide a steady stream of feedback to your staff and encourage them to provide the same to you.
- When staff members do not work out, cut your losses and move on. Letting someone go is difficult, uncomfortable, and creates short-term stress and additional work. However, it is worth it. Bad situations only become worse over time, and the lost time and stress produced by bad or unproductive relationships can never be replaced.
The only way to get experience in a position of authority is to do it! Hiring and supervising can be great fun and lead to great successes by training and mentoring staff persons that blossom.
© 2012 Erik M. Pelton. All Rights Reserved.
When Leaving a Firm
How do you formulate a plan when leaving your firm? Do you make a list of contacts, or create your own forms? Today's clip from Ed is full of helpful tips when you're thinking about leaving your firm.
