The Business of Lawâ is continuously changing— from fee structures, to marketing strategies, to client preferences. In today’s economic climate, law firms have no way to catch up once they fall behind.

The good news is that the success or failure of your firm is completely in your hands. If you learn the newest practices, develop your business plan, and understand the economic situation you’re operating in, you can achieve financial performances you’ve only dreamed of.

So what’s the fastest, easiest and most innovative way to update traditional methods and boost business to the next level? 

Introducing the 2^nd Annual Midwestern Law Firm Management Conference- The New Norm: Understanding How To Thrive in the New Economy.

The conference provides the most current actionable strategies law firms need to thrive. As chair for the conference, I’m extremely happy to be part of an event that offers a line up of world-class industry leaders and will deliver the latest knowledge on strategic factors vital for success. The event will cover topics such as:

• The Outlook for Mid-Sized Firms

• Trends and Practices in the Future of the Legal Profession

• Alternative Fees

• Succession Planning and Business Survival

• Marketing in the New Ocean – Putting it all Together

• And much more…

There will be a buffet style lunch and a post-event reception, allowing the chance to network with other leaders in the legal profession. Also included in your registration will be 4 webcasts and membership in the LawBizÒ Forum, a community for lawyers with on-going networking and dialogue on challenges we all face in the management of law practice.

Don’t miss this opportunity! The event takes place in Chicago on September 21^st, 2010 from 8:30 am to 5:15 pm. Mark it on your calendar. For additional details or to register for the event, please visit the Midwestern Law Firm Management Conference website. Even better, give me a call directly at 800-837-5880 and I will offer you a substantial discount off the listed price. If necessary, you can register the morning of the event but my advice is not to wait until the last minute. Seating is limited.

Isn’t it time you took The Business of LawÒ into your own hands? Register for the 2^nd Annual Midwestern Law Firm Management Conference today!

Can’t wait to see you there!

Pearl Harbor, December 7th, 1941, put an end to this effort. The entire effort of everyone was turned to the War ... Though I didn't know about this group, they surfaced again in the early 1960s, if not earlier. It was Pat Brown, the greatest governor (IMHO) California ever had. It was his focus that built the University of California into a powerhouse, and it was he that successfully lead the Feather River project on the ballot. This assured that water from the north would flow into southern California. This brought water for the farmers in the area as well as the growing population. With water connecting the State, there is very little likelihood the two segments will be separated at any time.

But, the State of Jefferson is still a state of mind. There are many folks who would like to see the separation. But there is no consensus. So, it appears to be more of an historical society.

In working with your clients, are you separate from them? Or are you able to create an inseparable bond, as Governor Pat Brown did for the people of California?

We were staying in Yreka, CA, using that as a base to commute to Ashland, OR for the annual  Oregon Shakespeare Festival. Got to see two great plays, She Loves Me and Twelfth Night. Then, today, my wife said her patience will permit us to stay in one spot only for 3 days. So, we got up and left Yreka.

En route, we developed a flat tire in the trailer. Had to call Good Sam to bail us out. They were great, get us help within the hour. The RV park my wife selected not only is one of the best, but also has a truck and tire facility adjacent to it ... the only one open today, July 4th! What a coincidence. They looked at our tire; they believe it was the stem, not the tire ... and took care of it. They will even come to the RV Park tomorrow to check it again, making sure the tire pressure holds, before we embark on our next phase of the trip.

That is service! That is caring for the customer ... What have you done with your clients lately to compel them to say such things about you?  His name and number will go in my book ... and should I ever need someone of his skill set anywhere in the State of Oregon, he's the first one I'll call. Will your clients and former clients call you before they call anyone else? Will they call you on behalf of their friends and colleagues before they call anyone else? If not, why not? Look inward to address your operations and client management challenges before you look outward ... Why waste your money on marketing if you can't satisfy your clients once they arrive?

1. Embody creative leadership (take prudent risk, invite disruptive innovation)
2. Reinvent customer relationships (set priority of customer intimacy)
3. Operating dexterity (flexible cost structures and opportunistic capabilities)

Shouldn't this be what law firms do? Take prudent risk to grow the practice and enhance the well-being of its members and staff; focus their energies outward, to benefit their clients, which would include both pricing and costing flexibility.

Too often, law firms are all about their lawyers, and they forget the well-being (intimacy) of their customers/clients.

That tells me that the economy is in recovery mode; that lateral partners are still being pruned from large law firms; that partners are getting tired of the politics in larger law firms where they see no rational basis for decisions being made that may very well impact their economic future; and that most law firms have yet to act as enterprises rather than as hotels for sole practitioners. Laterals with good books of business can just as easily move to another firm that will provide them with a larger umbrella and greater opportunity ... or even start their own boutique law firm.

This further suggests that while the economy has forced changes in law firms, the sea change some discuss hasn't yet taken place ... and may never. As I've said before, we're in an evolutionary, not revolutionary, mode. Write me with your thoughts and experiences on this.

On a recent trip to Castle Inn, in Newport, Rhode Island, I was very impressed with their facilities. I was there for a conference. The weather was cool and clear and scenery exquisite. Castle Hill is on the point of a bay. Let your imagination flow. It was that pretty.

But, I digress. The day after departing, I received an email with a request to take a survey. Most often, I ignore these. But, this time, I did respond. I wanted to let them know that their food was superb; the chef had been accommodating to my request to prepare a vegan menu for me in addition to the exquisite quality of the food in general. But, I had been mildly upset by their absence of a workout facility on the premises.

No more than a day later, I received a follow up letter from their manager, thanking me for my response. This was not a form letter. This letter i) thanked me for my response; ii) said my compliments about their food would be conveyed to the chef, with their appreciation; and iii) explaining their rationale for not have a fitness room on premises.  My survey response had been read and a personal note in reply was crafted. That has never happened to me before.

In asking for survey responses, be sure you act. In some fashion, respond to the survey responders. Let them know what  you will do with their voluntary critiques, given at your request. There are 3 responses possible:  1) Thank you, we will consider and review your comments, and let you know what we intend to do;  2) Thank you, we disagree with your suggestion or we are unable to make the modification you suggest because of .....;  3)  Thank for pointing this out to us, we will make the change you suggest in the very near future.

People want to know what you will do with the response that you asked for. Theirs was not an unsolicited piece of advice. You have an obligation to continue the dialogue. Failure to do so will cause more enmity than if you had never asked questions.

This philosophy suggests you don't have to market your services, you don't have to speak in public, you don't have to write articles, and you don't have to be concerned with clients' wishes, even if their desires conflict with what you think they really need. In today's world, irrespective of the past, that clearly is not the case.

In my earlier days, owning and operating manufacturing companies, my focus was to serve my customers. By doing so, I am proud to say that I earned not just their continuing business, I also earned their loyalty. That loyalty assured my companies' continuity and growth.

As a lawyer, what are  you doing to earn the respect and loyalty of your clients? If you can't answer quickly with specifics, you ought to go back to the drawing board. Better yet, you ought to ask your clients how they feel. In some circles, this is called a survey ... However, I don't mean the traditional survey ... More on this in a later post.

Before I conclude here, though, I want to share an example of the type of service I'm talking about. Several weeks ago, during a trip Chicago, I shopped at Paul Stuart, a menswear store. (I've purchased clothes there before). This time, I bought an raincoat. The sleeves needed to be shortened. The first opportunity I had to wear the coat was in the wet and cool climate of New York two weeks later. To my surprise, the sleeves were cut too short.  I called Paul Stuart in Chicago. To their credit, their immediate response was to suggest I either go to their New York store or to a trusted tailor and then send them the bill.

I chose to go directly to the New York store; we were close by; we explained what had happened. They looked at the coat, agreed it was too short, and checked to see if it could be repaired. They said it could not be and offered to replace the coat with a new one. The sales manager, Mr. Barry Goldsmith, and his colleagues who assisted us were all very pleasant, professional and conciliatory -- exactly what I would expect from a quality organization. While I expect this, I also know that it is rare to find in today's business world.  I appreciated the attitude and actions of the Paul Stuart staff. This approach usually creates loyalty ... and more business. And it did here.

Remember: The “Growing Your Law Practice in Tough Times” contest is running through the entire month of April, so there’s still plenty of time to enter! Look back at this post from the beginning of the month to learn about all the ways you can participate.

It’s easy (and fun!) – in a nutshell, all you have to do is become a fan of LawBiz Management on Facebook and post a photo with you and the book on the Facebook wall or…for more points, write a review on our publisher’s site and post a link to it on the Facebook wall.

The winnings for this contest are big, so don’t forget to enter! The first place winner will receive a Fujitsu ScanSnap S1300 Mobile Scanner – valued at $295! Second place will get a half hour coaching session with me (which is priceless), and the third place winner will get my set of 4 Special Reports (PDF versions), which retails at more than $200!

But only those who enter will win…

I'm very excited about the new book ... and encourage you to take advantage of West's offer. You can also see the new offering at LawBiz.

It's also the time of year to wish y'all the best for the holiday season. My wife and I, and our latest family entrant, Bandit, of our photo contest fame, have come together to express our thanks for what we have, hope that you are enjoying the fruits of your labor and to wish that the contentiousness of 2009 fades away into a more peaceful 2010.

The same advice is true for when the press calls for they have deadlines that generally can't be moved. If they reach you, you are likely to get quoted. If they don't reach you, you'll read someone else's quote.

This week, I was fortuitously by the phone when two reporters called.

The article in the LA Times (and the following day in the Chicago Tribune, the Times' parent) was about Facebook.

The CNN.com article was about the employment plight of recent law school graduates.

Very cool to sit by the phone and actually have it ring with a reporter at the other end.

Of course, reporters don't call people who have little expertise. The challenge, then, is to increase one's expertise and to increase the awareness of that expertise by others. As marketing folks have told me for years, it's a "snowball effect." Once the ball starts rolling, others will see who you are ... learn how much you have to offer your client base ... and then seek you out even more.

Thanks go to all of my clients and readers.

This highlights the difference between the large firms and others. The large firms deal with large clients ... who have purchasing power others don't. 

The real question is not whether large firms will accept this new way of billing/pricing, but rather whether small firms will create a laundry list of unbundled services and fixed prices/fees.  If they all do, then the consumer of these services may ultimately have more power ... by walking among lawyers to opt for the least expensive ... Until then, there are few ways, if any, for the consumer to make price comparisons among small firm or sole practitioners.

If they all don't, my prediction is that the billable hour will remain as the last vestige of a maturing legal community. On the other hand (said like a true lawyer), perhaps some will break with tradition and create that laundry list in order to differentiate their law practice from others ... and urge clients to come to them so they can know, in advance, what their cost exposure will be and so they can budget for their legal cost. 

Where do  you think your firm is headed? ... to undbundle and create fixed fees as in a laundry list ... or retain the billable hour? Please comment with your prediction.

In today's analysis, the drug companies are joyous. If universal health care is adopted, the pharmaceutical industry benefits ... with more folks insured, more drugs will be prescribed that will be covered by insurance ... to their benefit.  However, insurance companies will hurt a bit ... no one is yet sure how much. With more people insured, their costs presumably increase. With the right to maintain - retain insurance despite the loss of employment, COBRA income goes down. With prior medical history being irrelevant for coverage, insurance carriers will have to take on some risks they would have eschewed earlier. Hmmmm. Sounds a bit like mandatory auto insurance. The details are not so significant to the ideas here and certainly not to some of the stakeholders.  Can you name them all?

In your law practice, even if a sole practitioner, can you name all of the stakeholders? How do you seek to reconcile the differences among all of your stakeholders? As I mentioned in an earlier article, providing value is the name of the game in today's world. And how much more value could you provide with the stakeholders on "the same page," all working together for you and the same goal? And with that, how much more profitable would your firm be -- how much more income would you receive -- if you could create harmony among your various stakeholders .... such as clients, associates, staff, assistants, et al.?

Congratulations to Anthony Bushnell of Minnesota! He submitted the winning caption, which you can see above. Anthony will receive a copy of The Business of Law (2^nd edition) and a free ½ hour consulting session with me.

Thanks again to everyone who participated. There were many great captions, which made the decision tough.

Remember, The Business of Law, 2nd ed., along with all of my other books and products, are available for sale at our web site.

Welcome to the first ever LawBiz® photo caption contest! All week you’ll have the opportunity to post captions for the picture above of the newest edition to my family, Bandit, a 2-3 year old boxer. Be creative, be serious, be funny – post whatever you think the caption for this photo should be.

At the end of the contest period, we’ll choose a winner who will receive a FREE copy of my book The Business of Law2nd ed., (valued at $120) and a FREE ½ hour consultation with me.

There are a few rules to this contest, so please take note:

·             No more than five (5) entries may be submitted per person. Limit of one (1) per day.

·             Entries should be submitted as comments and must include email addresses.

·             Entries must be received by 5pm PST on Friday, September 25, 2009 to be considered.

·             No lewd language or vulgarities. Such language will disqualify entry and will be removed by the administrator.

·             Have fun!

A winner will be picked by Wednesday, September 30, 2009 and announced here on the blog. Good luck!

But, when you turn to the Personal Journal section of the paper, the article talks about hospitals' negligence and the fact that many deaths and serious injuries/illnesses are caused by the hospitals and their staffs after the patients enter for other maladies than that which resulted in death.

The writer states that some hospitals are admitting their negligence and approaching the patients and their families with apologies and financial offerings that make sense. Under such circumstances, of course, the patients don't need to work with lawyers ... and that's one way of keeping lawyers out of the discussion. (There are other issues here from the perspective of the patient's protection; that's a subject for another time.)

The real reason for the lawyer is that the institution denies culpability and seeks to stonewall the injured party. What a novel idea -- actually talk to the injured party, admit responsibility and seek to negotiate/mediate a solution acceptable to all parties.

That, however, is not the tone of the headline, nor the attitude of the newspaper. Too bad. Truth should be the standard, not paper sales. I should admit that the headline is not false, just conveys the wrong impression of the article's content.

What a bonanza for lawyers ... in addition to being forced to deal with changes in the market place, we now have the opportunity to add to our intellectual skills and help people with new ideas never before faced ...

"Those who are waiting for the old way of life to return are likely to find themselves quite hungry for some time. They're hunkering down and waiting for things to come back to "normal," to the way things used to be. There's no question that we will achieve a semblance of business normality very soon, but it's highly unlikely to be what we were used to before. The world has changed – the strategies and approaches, tactics and approaches we used before are unlikely to be as effective in today's environment.

"Maybe it's time to change the recipe. Time to replace outdated assumptions and processes with ones that reflect the new reality. Time to find substitutes and alternatives to grow your business: new markets to targets, different ways to provide value to customers, innovative ways to be competitive..."

Is this what some of the now defunct law firms did? Did they wait too long before realizing that the world had changed? Today, we criticize law firms that lay-off lawyers and staff ... "right size." But, aren't they the wiser ones who are seeking to adjust to the realities of the new world?