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The College of Law Practice Management sponsors the InnovAction Award to identify and honor innovation in law practice management. The application deadline is June 1st.
Are high student loans equal to unfitness to be a lawyer?
In the case of Robert Bowman, New York judges overruled the Bar's entrance committee. He lacks the requisite character and fitness to be a lawyer, according to the judges, because of his extensive student loans accumulated over 26 years of study. He will not be granted the license to practice law.
Because of a very tough youth and at least two major accidents that required extensive rehabilitation, his education was extended ... and during that time, Mr. Bowman accumulated somewhere between $270,000 and $400,000 in student loans. He admits to not paying any of it back ... yet. He needs a job to do so. He's passed the bar and been deemed to be morally fit and of good character by the entrance committee. Oh, yes, except for the student loans he's not repaid or even paid down. (A side question might be, who made such loans, and why? But, I digress.)
As with a number of our politicians of recent note, I find it both interesting and disturbing when small-minded (yes, I know, this is a moral characterization) people sit in judgment on others on issues of this nature. Mr. Bowman apparently faced incredible physical odds in his life, not of his own making, and overcame them. But, in the process, he needed financial help.
I guess it was just bad timing for Mr. Bowman. Because had he accumulated this debt after he were licensed, and then went into bankruptcy, there would be nothing said about his character fitness. Before today, I had not experienced lawyers going into bankruptcy. Today, that is no longer an uncommon occurrence. In fact, bankruptcy is an approved strategy to avoid debt payment, used by a number of large law firms, including the Heller Ehrmann firm recently ... to avoid payment of the firm's lease obligations ... and therefore protecting the financial interests of their equity partners who might otherwise be exposed to collection efforts. I have difficulty understanding why the lawyers of Heller are morally fit to practice law, owing millions of dollars, and Mr. Bowman is unfit because of a few hundred thousand dollars.
Oh, and how about some of the lawyers in our community who give the profession a bad name by virtue of the way they practice, and the scams they pull on their clients ... and theft from client trust accounts that result in slaps on the hand or temporary suspensions? No, that seems to be o.k., but somehow, Mr. Bowman's case is different.
Perhaps moral integrity and character fitness should be grounds at least every five years for investigating every lawyer who renews his/her license. After all, don't we do that when we renew our driver's license?
Proud parent
Today, I'm a super proud parent (though I'm always proud of my kids!)
My daughter received a certification as a WCS (Women's Health Certified Specialist), 1 of only about 50 in the country.
Hold your head high
Take a look at today's WSJ in the Personal Journal section ... talks about our personal critic ... our worst enemy ... and suggests that challenges to our self-esteem are so devastating to our well-being. This may be one of the most important lessons I've learned and re-learned ... and continue to deal with ... in recent years! I always knew it, but never put it in the right context before listening to my coach. Self-esteem goes beyond the bravado attributed to lawyers and that has been dubbed "arrogance" by those outside the legal community.
Just one of many benefits I've received over the last few years from being in my own business coaching program with someone I trust and have a high regard for.
Self-worth may be more important than any other attribute. It allows one to hold one's head high, a very important angle for the human anatomy.
Senior Olympics - Why so special to me
I competed in two events at the Senior Olympics held this week in Los Angeles. I previously reported my results. I've been thinking further about the process of the competition and came up with ideas about how the competition relates to my life, and the lives of many people in our profession. Below is how I see the Senior Olympics on the one hand and how they are a metaphor in real life. If you have other events in your life that you care to share, please write me.
Senior Olympics - Another cycling time trial
Just returned from the 10K … can’t believe I did it … yesterday's 5K was 10:03 minutes; today's 10K was 19:57 minutes… Today equalled two 5Ks, back to back. And my time for the first half of today's ride was 6 seconds faster than the time from yesterday … With my average speed for twice the distance today being the same 18.4/18.5 mph. Verry good for me...
So, I did better than I’ve ever done. I wasn't first, but I wasn't last. I was 8th out of 9 in yesterday’s competition … a bummer … but then I was ahead of thousands who didn’t even show up …
Senior Olympics
Tomorrow, I ride in the cycling 5K Time Trial event of the Senior Olympics. This will be my third competition on the bike in my life, and I'm eager to ride. I chose to ride the Time Trials rather than the road races because I want to compete against myself without fear of an accident. Lance Armstrong can go down in a road race, but then he's riding for millions of dollars; I'm riding for fun!
I'll let you know how I did. :-)
Indefinite detention
I normally refrain from any political observation or commentary. But, in a speech in front of the US Constitution, President Obama made an important observation. President Obama said: "Prolonged detention should not be the decision of any one man.."
In other words, if several people agree, we can imprison people without charges and without power. In Britain, 28 days is the longest someone can be detained without charges. Wow! I didn't really appreciate the discussion in England when Tony Blair proposed 3 months' detention as the maximum detention without being charged with a crime. The House of Commons finally adopted a 28 days standard. I guess I figured that discussion was there, and we don't have that here, so not my problem.
But, we now have it here!!!!
I'm sorry, but threat of future criminal activity has never been allowed in the US ... But, then, perhaps I'm too much of a Constitution stickler ... Some might call this "too liberal." I call it "conservative." Conserving the principles of our founding ancestors who left such behavior to create a new, safer and more open society.
What happened to us?
Law of the Garbage Truck
Yesterday, I took my restored 1983 Porsche Cabriollet out for a spin. I've always loved this car, but some of its aging has caused me to enjoy it less. No more! It's as fit as new, even with a new coat of paint.
I returned to the car from an appointment. As I was standing there, opening the door and getting ready to get in and return home, a garbage truck pulled up next to me. All kinds of images went through my head, but I certainly didn't expect what happened next.
Continue Reading...Even bloggers must tell the truth
In today's WSJ, there is an article about a blogger being sued for defamation. There is greater leeway for "reporters," and this may be a threshold case. Is a blogger a "reporter" or "journalist" that would provide the writer with greater latitude? But, even reporters cannot defame others. As a regular blogger, I will be interested in the outcome of this case.
Arrogance of lawyers
I just received this note from a Michigan Circuit Court Judge ... Her comments are well taken.
I am a Circuit Court Judge in Lenawee County. I want to thank you for your comments in the May 18, 2009 Michigan Lawyer's Weekly Coach's Corner encaptioned "Arrogance Of Lawyers."
I grow increasingly concerned about the inability/unwillingness of people to accept responsibility for their actions or their failure to act in many cases. I served as a Probate Judge before being elected to the Circuit Court. I know our adults are sending a dangerous message and setting a bad example for our children. I have often said "accept responsibility for your actions, put on your big girl/boy pants and move on."
Thank you for summing it all up. I will investigate your other writing at the Lawbiz website.
Lawyer layoffs can be tragic
What do you do when you reach 60 years of age, are a partner in a major law firm, and suddenly get laid off? More than 4,000 lawyers and 6,000 staff persons are facing this dilemma.
One such lawyer went to the extreme. As I've said previously, we are in a depression, not just a recession. And with that, as in the 1930s, people take drastic steps, even life-ending steps, when the one involved sees no way out of the depression. Heather Milligan puts a gentle spin on this; she suggests that we are more than economics ... we are people with hopes, fears and aspirations. How does the organization meld all of this during hard economic times? A tough challenge for all.
Continue Reading...What do you do with a complaint?
Recently, I had cause to complain to the Motel 6 chain.
I had requested a non-smoking room. Yet, it was clear that many people had smoked in this room before. On departure, I complained to the agent at the desk. She expressed her sympathy with my failed expectations and said that she had proposed to management that they assess a penalty against anyone who smoked in their room. But, her idea had been rejected.
So, I wrote a letter to both the president of the parent company, Accor, and to their customer service department. Quickly, in the same day, I received a response. In fact, two responses, one from the corporate headquarters and one from the regional supervisor. Both, however, were form and electronically generated letters. I have yet to hear from the president.
It is clear that I am not the first person to complain about this ... and it is also clear that this hotel chain is not willing to follow other major chains that have converted all their properties to non-smoking venues. The light of Motel 6, Tom Bodett notwithstanding, will no longer be lighted for me, however.
I’m reminded of a sales mantra by this exchange between me and the hotel. An objection or complaint is a way to further engage the customer; it’s a way to learn what the customer really wants and to provide it. Here, by merely sending form responses, Motel 6 has missed an opportunity to engage me in a serious way. They do not feel my pain, they do not understand the seriousness of their action to my health and they have done nothing to make me want to return to do business with them.
What are you doing in your law firm to engage your clients? What are you doing to understand what your clients want? And how are you handling any complaints that the clients might be raising for your consideration?
April Fool
It's that time of year again, April 1st.
The greatest April Fools' Day joke was the Swiss spaghetti harvest. In 1957, the BBC said Swiss farmers ere harvesting a huge spaghetti crop due to the near-elimination of the spaghetti weevil. Coverage showed peasants picking spaghetti from trees.
I believed this hoax. As a kid, what did I know? And, if it were on television, it had to be true! I've learned a lot since then. But, I believed this story for years ....
What hoax's are floating around in your law office on this day? How long have they been floating around? Do you want to perpetuate them, or clean them up and enhance the morale of your colleagues? You do have the choice on how your firm operates, even in a depressed economy.
Do you know when you've succeeded?
The other day, I was cycling up Red Rock Canyon in Las Vegas, NV.
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I went from about 2500 feet to 4713 feet. En route, the road was rolling hills. So, sometimes I went down, but then there was an ascent next ... all the way to the top, about 7.75 miles from the start.
Before I reached the top, however, I was complaining to myself about how hard this ride was ... and whether I could complete the ride as I had intended. When I reached the final plateau, not having ever ridden there before, I was not sure that was the top. I thought there were more rolling hills ahead of me. I asked a couple of cyclists who were descending. When they told me this was the top, I was elated I had made it to the top, relieved that the pain of the trek was over and quite surprised at how hard I had fought with myself.
How many of our clients don’t realize or appreciate the success we bring to the table for them? What have you done to educate them about the process of your representation? I was fighting myself because I had never been in Red Rock Canyon before. Most of your clients have never been involved in the judicial process before. And even sophisticated clients with previous involvement don't truly appreciate what lies ahead. What have you done to show them a preview of what’s to come? What have you done to make their journey easier? What have you done to shine a flashlight on the road in front of them?
When you shine the flashlight, and they still agree to move forward, the likelihood is that they will pay you your full fee without question and promptly in accordance with your engagement agreement.
Use the flashlight!
Are lawyers agents?
Seth Godin suggests an interesting question:
"Travel agents... gone.
Stock brokers... gone.
Real estate brokers... in trouble. Photographer's agents, too.
Literary agents?
The problem with being a helpful, efficient but largely anonymous middleman is pretty obvious. Someone can come along who is cheaper, faster and more efficient. And that someone might be the customer aided by a computer."
We've seen this happen in the legal community. Many more people are representing themselves, pro se, because they can't afford lawyers or ... heaven help us ... they can serve their own interests just as well as the lawyer.
Lawyers must bring creativity, judgment and experience to the table to maintain their position in the affiars of business. Being a commodity, or being "run of the mill," just isn't enough anymore. And a major differentiating factor for most clients is the "care and feeding" offered by lawyers. Impersonal and expensive (a relative term) is no longer accepted. We've got to move past the point where the single largest complaint against lawyers is their failure to return phone calls, the failure to respond quickly to the concerns, wants and needs of the client. Until that happens, the legal profession is in jeopardy of losing its franchise.
Airstream and Today's New Wealthy Class
I knew there was a reason for us to get into an Airstream. For those who have followed our adventures, here's how we now feel.
Yes, Joe, the plumber, needs more education than lawyers
Bruce Crist, mentioned in my previous blog post, sent me another note. Seems I'm wrong again. 
I mentioned that California attorneys are required to take 12.5 hours per year. The actual requirement is that lawyers receive 25 hours (down from 36 by recent amendment) of MCLE approved education. That works out to be, according to C.P.A. Bruce, 8.33 hours per year.
And Bruce admits that this is less than plumbers are required to take in MA. Bruce says now that plumbers are required to have 44% more education than most lawyers. Taking a line from Bruce, "... and the point is?" I made my point earlier.
Bruce, thanks for the "joust" and for reading my article.
Have a great day!
Without credit, we won't get out of our morass
Our economy is in the doldrums ... or better said, we're experiencing a depression. Signs abound. From unemployment exceeding 10% and more in some areas, to now thousands of lawyers and staff terminated from the large firms. Who knows how many more there are in small firms ...
One large firm managing partner cited an even more frightening fact: Many lawyers have been given generous severance packages in order to obtain liability waivers/releases and to keep the goodwill of those departing. In other words, they won't feel the impact for 6 to 12 months after leaving. We will see a ripple effect. As bad as it is now, it will get worse .... Unless the federal government is able to pull the rabbit out of the hat.
Our country was built with credit. One of the major thrusts for the Obama administration is to get banks to start lending again. Banks didn't do this with the first half of the major funding passed in the Bush administration. They horded the money to protect their own balance sheet. Will they do it with the second half, and with other bailout handouts?
Today, I had a conversation with a banker. He said that the federal regulators are requiring a higher capital input from the buyer than ever before. "In the old days" (not that long ago), one could buy a building for very little down payment (10%, e.g.), Today, loan to value ratio has to be 30% and in many cases 40 and 50% This is not the way to growth.
With this type of stagnation of credit, one can be assured that the prices for real estate will continue to slide downward with ever greater consequences. And with continued worsening of our finances, law firms and lawyers will be further impact. If we have too many lawyers today for the work available (as discussed in an earlier post), demand will continue to shrink, and additional law firm layoffs will result.
Cycling - A Lesson
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Wearing the Bruins logo, I "trucked" up a canyon in the Buellton, CA area last week. It was a great riding week.
Pushing oneself to improve is the essence of our journey here. Helping others is the essence of being a lawyer. And continuing professional education enables us to be better qualified to help others. In one survey after another, staff have said that they make job decisions, all other things being equal, based on the availability of paid education support by the firm for staff as well as for lawyers.
Think about what skills your staff should have to better serve your clients; how can you provide more education to your staff to enhance these skills?
Make a plan -- Trust your plan
I recently returned from a week in the Santa Ynez Valley, CA area. The purpose of my vacation was to ride a bike with 35 others from around the world who were similarly enthusiastic about cycling, plus coaches and staff. The Amgen Tour of California started in Northern California and went south, passing through this area (Solvang, Los Olivos and surrounding communities). I watched the Tour’s time trial held in the valley. It was exciting to see Lance Armstrong and other elite cyclists pitting themselves against the clock to see who was the fastest.
Armstrong finished 12th in the time trial, one of his specialties before retiring 4 years ago. And he finished the overall Tour in 7th. In other words, in two races he's entered (the other last month in Australia), he's finished in the top 10 ... after only a few months of training ... and 2 competitive races! And he is 37 years old, an age past which most cyclists are not seen in competition. What a remarkable achievement.
From a psychological perspective, the man is unhappy at not finishing higher up the ladder, because he has such high expectations of himself. He has to continually be coached to greater success as well as to recognize his progress, to keep reality in place. His plan is working and is on target.
Trust the plan. Work the plan. Good advice for Lance Armstrong, a winner in all respects. And good advice for lawyers wanting to achieve greater success.
Prepare a plan. Work the plan. Trust the plan. Make adjustments where and when appropriate as you progress through the benchmarks of your plan.
Cycling camp
I'm in Cycling Camp this week, a camp run by Chris Carmichael, the former and current coach of Lance Armstrong. This is my 6th year at the camp ... a remarkable experience, run just like the pros.
Today, we rode in the rain and cold, just like the pros did in the Amgen's Tour of California. Being from Southern California, it was particularly hard for me since we have so many warm, sunny days - so few rainy days that I stay in when it rains. Even had to go out and buy rain gear!
But, it's great ... the people are outstanding professionals who understand their customers pleasure in cycling and do everything in their power to address the wants and needs of the customers. Boy, what a lesson lawyers could take from this experience.
Ed's People
In the State Bar meeting referred to in a recent post, I was the one who raised the issue ... who are we talking about when we ask questions like "affordability" and "availability" of malpractice insurance? These folks were not mentioned by name ... it's the approximately 18% of the California Bar, 30,000, who have no malpractice insurance. If we don't mention them specifically, we can draw all kinds of conclusions ... they're not good lawyers, they're marginal folks, they are the ones clogging the disciplinary system, etc. Yet, there is no empirical data to this effect.
The Bar wants to survey lawyers to determine why they don't have insurance (they'll never send surveys to these people, I'll bet!). They want to find out what lawyers think is affordable malpractice insurance ... how much are you willing to pay to be covered against claims against you from clients. Response to this question should be interesting, though I'm not sure how illuminating, since the market place will govern anyway. And there seems to be no political will to create a mandatory State-wide program.
I was invited to join this group because of my original vocal opposition to the concept of forcing lawyers (these very same 30,000) to affirmatively tell their prospective clients (the word used is "disclose," as though it otherwise were a deep, hidden secret) that they have no malpractice insurance.
Someone referred to this group, after a bit of discussion, as "Ed's People." I was flattered to be their representative. But, throughout the conversation, I think it was intended as a pejorative, as though these 30,000 lawyers were not successful ... and perhaps didn't deserve the same protection and service as other lawyers in the Bar. Rather, it is the "public" that deserves the protection of the Bar. Who will preserve the rights of these 30,000, "Ed's People?"
Am I being paranoid?
Unemployment Insurance Not Applicable to Lawyers
I came from an immigrant family as many people in my generation did, and still do. Growing up, my parents were involved in the labor movement and unemployment insurance was a big deal. In today’s context, unemployment insurance s hardly significant. But, don’t tell that to the many who are seeking this benefit and can’t crash through the long lines and busy telephone lines.
NPR did a piece today on what unemployment insurance is today and what it means.
Here are some statistics that I find fascinating, and which I did not previously appreciate. There are about 10 million unemployed workers, about half of them being in only eight states including California, Florida, Michigan and New York. There are millions more who don’t even qualify because they were self-employed or have been out of work too long ... they sort of get lost in the system.
LawBiz® Tips for this week is now posted
For those who don't yet subscribe by RSS feed or direct e-mail, our current edition of LawBiz® Tips for this week is now posted.
The Question
The Edge Annual Question Center asks the question for 2009: What will change everything?
Profound question, indeed. And the answers are equally profound. Scroll down the pages and see the responses from the brightest minds of our time ... my head was swimming just reading the titles of the responses.
Thank you Matt Homann for bringing this to my attention.
Bankrupt lawyers
Bankruptcy will be an important practice area for the legal profession, obviously, in 2009 and 2010, as we continue to move through the major upheaval in our economy. And our law firms will benefit.
However, one aspect I did not expect was that lawyers and law firms will likewise face economic hardships … And I'm not addressing the obvious issues coming from the collapse (for other reasons of the large firms such as Heller, et al.).
I'm addressing the more mundane, the traditional, average lawyer, the lawyers that make up the bulk of our profession. When these lawyers are in trouble, the entire profession needs to wake up and pay attention.
I was just contacted by an attorney asking me to value a law firm for purposes of the lawyer’s personal bankruptcy. His law practice is an asset of his personal estate. Times are hard when the helpers need help themselves.
Is everything o.k.?
I like Seth Godin's response to this question:
"We spend so much time smoothing things out, we lose the opportunity for change, or for texture or creativity. Instead of working so hard to make everything okay, perhaps it is more helpful to work hard at living with a world that rarely is."
When things are out of sync, that is the time to seek change for improvement ... what a concept!
I don't know about you, but I've never really been taught how to live with tumult and "not o.k." Another term for this is conflict avoidance, a phenomenon that most people understand and seek to emulate. How do we live in a world with conflict and still be o.k.?
What is the normal state of affairs in your law office? Piled on top of the anxiety of your clients and the pressures of seeking the best results possible for your clients, how does your team fare? Do you have a peaceful place of work where everyone likes and respects one another, treats one another as a healthy family? Or is there something missing from this picture? And, if yes, what can you do to change the picture? That might be a good project for 2009!
Litigation is not the answer - usually
Forty years after the Pueblo was captured by North Korea, the sailors received judgment for damages. This merely gives the sailors a piece of paper. Go collect! Not, that's the rub. And ask the Goldman family how much of their 33 million dollar judgment they've received from the assets of O.J. Simpson.
In the beginning of 2009, we need to hearken back to the words of Rodney King, "Can't we all just get along?" The obvious answer is "no." But, litigation may not be the best answer either; it's certainly not the only answer.
Law firms, even the major law firms (like Heller used to be), whose litigation work makes up more than 50% of their revenue, will need to focus on greater diversity in their offerings if they want to protect their future. More than 10% in any one area always puts a business at risk. Sometimes the risk pays well; sometimes it doesn't. Just ask the lawyers who were at Heller about the high times and then the implosion.
Innovation and the Law: Is the ABA the problem?
AmLaw Daily, in an article by Susan Beck, writes about a recent conference on innovation and the law. Here is an excerpt from that article, the third in a series of three:
Several professors complained that the American Bar Association--and its outdated accreditation standards--is the main bulwark against innovation.
Self Esteem -- How Is Yours?
Last week, I attended a self-esteem conference conducted by Alan Weiss. The lack thereof is one of the most debilitating psychological factors affecting so many people, even very educated and successful people.
The conference, held in Rhode Island, was well worth the travel. I don’t know exactly how to describe it, but it caused significant introspection; most people shared their experiences and concerns as well. That, alone, was worth attending. We found out that many of us share the same journey, a sharing that seldom occurs, even with loved ones.
Here are some learning points suggested by Alan:
Are lawyers guaranteed a profit?
I like the thinking of Patrick J. Lamb who, in August 2008, said that a lawyer can negotiate a fixed fee even in litigation. In other words, he contests the old rubric that since one doesn’t know what the “other side” will do in litigation, fixing a fee is not possible. He also suggests that creating a budget for litigation doesn’t guarantee a profit, just that the lawyer will not bill more than the budget.
But, the point that Mr. Lamb raises is that no business is guaranteed a profit. Yet, ...
Economic statistics
Today's economic numbers are scary. Nearly 10% of our employment is in the retail sector; and 25% of jobs lost since November 2007 are from this sector. Looks like a bleak holiday season is approaching. Years ago, 5% unemployment was thought to be the right amount for fluidity in the economy. For a long time, now, that number has been substantially lower, giving rise to some inflationary pressures. Today, however, we're looking at a current 6.5%, likely to increase to 8 to 10%!
Years ago, I visited China. I saw many people employed as manual laborers. I was told they were being kept busy to allow them to have their dignity and self-respect in contributing to the well - being of the society. They could have mechanized much of what they did, but that would have meant even greater unemployment. I remember thinking that the amount of their unemployment was equal to the entire population of our country!
Today, China is investing heavily in its infra-structure by building highways and public buildings to aid its economy and, as a result, the world economies. This same tactic was used by Pres. Eisenhower in the 1950s and is being discussed today as part of our economic alternative solutions. This also was a favorite tactic of FDR in the 1930s. It has worked. And we do need infra-structure repairs as evidenced by falling bridges and highway potholes.
While the numbers are scary, now that the election is behind us, perhaps we can come together to focus on what unites us and will allow us to achieve improvements. Perhaps we can put our differences (political party, gender, special interests, etc.) aside for awhile. I keep returning to Rodney King's "Can't we all just get along?" Only by doing so will be come out of the depths of economic depression.
As lawyers, our challenge will be to serve a society with a shrinking economic base. But, where there is change, there is generally opportunity. We just need to stay alert to see the opportunities in front of us. Lawyers will benefit in either event. If we can't get along, our litigators will be beneficiaries. For example, litigation has already begun over the issues relating to California's Proposition 8 (same sex marriage ban). If we can tolerate differences, at least for awhile, our transaction lawyers will be the beneficiaries when they negotiate and draft agreements, write new legislation, etc.
To survive in this environment, lawyers will need to be flexible, seize new opportunities, and serve and bond with their clients as never before.
Rules of Professional and Beautiful Lawyers
The September 15th edition of Massachusetts Lawyers Weekly has two articles, one on top of the other, each with the photograph of a rather attractive woman. No sexism intended here, but this is the oldest tactic in the business to sell newspapers!
The first article discusses a proposed change in a Massachusetts rule of professional conduct that would require a successor contingency fee lawyer to be responsible for the predecessor counsel’s fee, unless there is an agreement to the contrary in effect. Obviously, this rule has prompted controversy. Lawyers in Massachusetts should be quite wary of this proposed rule and make their voices heard.
The second article features a well-endowed lawyer who will be the cover photograph for the 2009 Beautiful Lawyers Calendar, featuring 12 lawyers “who reportedly embody ‘the style and spirit’ of the Massachusetts bar.” If other states do not follow suit, there may be a heavy influx of male lawyers to Massachusetts. And if other states do follow suit, we may see the beginning of the demise of either Sports Illustrated bathing suit issue or Playboy!
Note to my readers: After my previous post about our economic and political systems collapsing around us, I had to attempt some levity, even if not PC ... In advance, I ask for forgiveness, hoping you will see the humor in this as I do. Perhaps, though, you need to read the newspaper to get the full impact of my reaction. <g>
Law and Politics
I have assiduously kept this blog and all my writings focused on the effective and efficient practice of law, not personal beliefs or politics. Those are mine and to be shared only with friends and family. You don't read my thoughts to be persuaded to vote one way or the other. However, a friend's post today on his blog has prompted me to speak out, prompted in part by the enormity of the current financial challenges of our time.
One perspective that I've heard echoed frequently is a paraphrase of Pres. Franklin D. Roosevelt in the 1930's: Even if wrong, it's important that we do something! Something is better than nothing because of the crisis of confidence. At least with something in the works, people believe we're moving forward and will fix whatever the problem is.
I generally agree with this ... but I also see a massive redistribution of wealth in the current proposals which, frankly, scares me. The rhetoric of the candidates does nothing to build confidence in me despite the fact that I will vote for one of the candidates for one very simple reason: His philosophy concerning judicial appointments, appointments that in my opinion far outlast the impact of a president on other fronts. We've lived through many ineffective presidents ... but their terms last 4 years or 8 at the most. Their appointments often last decades, a far more significant impact.
Getting back to the economy. The current crisis, I'm told, began with the housing industry and the mortgages created when buying a house. Loans were given to people who couldn't afford to maintain the payments. But, those loans were kept current until the interest rates were raised. Don't forget that many of these people could also make the new payments but for the fact that they lost their jobs -- their jobs were eliminated by outsourcing, by changes in technology and by other factors. Now comes Wall Street with new products that wrapped these mortgages into new securities instruments. These securities instruments were sold ... and there was no one the homeowner could turn to for the purpose of adjusting the term or rate of the mortgage ... a blank wall appeared before the homeowner. The bank no longer owned the mortgage.
In the recent IndyMac fiasco, the FDIC came in and worked with the homeowners, changed rates and terms of the loans. Homeowners stayed in their houses and no bail-out money was needed. In effect, the FDIC pulled out an old technique used in the 1930's. In the 1930's, Roosevelt froze bank assets and mortgages. Similarly today, foreclosures could be frozen for 30/90 days, or whatever time needed, until a reasoned solution could be developed.
Why is it that our current leaders have such a short memory of history? Are they so bent on eliminating the "middle class" and transferring more wealth to those who don't need it? Some have said we're enhancing corporate socialism ... I was taught in school that socialism was intended for the working folks -- even if you objected to this form of government. Where are the working folks in these new proposals?
Apparently, a lot of people agree with me ... Congress has just "junked" the current proposal. I'm sure another will be on the table shortly. But, it was really disheartening the other night to hear Gov. Corzine of New Jersey, a former securities industry chief executive, say that he dislikes the current bill, but it's better than nothing, that something must be done!
History will be made in this election. Good or bad, depending on your point of view. But, clearly the next generation is being mapped out for us as I write this comment. Be sure to vote and make your voice heard.
Airstream progress update
We started with my wife's dream of being part of the Airstream cult. After our first Airstream trailer was "totaled," we started over, almost literally from the ground up. I've discussed this before.
We expected to be on the road by this time ... the progress is much slower than expected, and more costly...like any construction project that is twice as expensive and twice as long. But our trailer is being built with care, love and creativity.
This picture is taken from the inside out towards the front window...(our living room)....the inside stainless steel skin is going to be riveted in place very soon!!!! You can see the two 12 volt batteries in front, the box on the lower right is the tankless water heater/furnace, the box on the left is the base for the refrigerator and that is the bathroom sink..... not in place....just resting.
We are very excited to see the progress........................
Lawyer Education to Benefit Clients
In many states, the practical skills concerning “The Business of Law”® that lawyers most need to keep their practices profitable and problem free – training in effective client service and law practice management techniques – either are not covered or actively eliminated as legitimate MCLE credits. They also happen to be skills that no law school faculty offers either. In fact, in conversations I’ve had with educators, their view of law as a profession means that any such programs about effective client communication are trade-oriented and therefore inappropriate for law schools. The result was described several years ago in The Wall Street Journal by the publisher of the New York Law School Law Review, who observed that law school students are “reading about the law rather than engaging in it,” with the result that “when they graduate, young lawyers rarely know how to interview clients, advocate for their positions, negotiate a settlement or perform any number of other tasks that lawyers do every day.”
Continue Reading...Gaming is real life
In response to my last post, the following comment was forwarded to me:
Q: Isn't gaming what they teach in law school, essentially? Probing for weaknesses and exploiting them ruthlessly when found? It seems that with the adversarial legal system, gaming is built right into the DNA of the experience. I agree they are being poor ethical exemplars by gaming the rankings but I'm not sure it's entirely inconsistent with the legal system.
Gaming the system
The WSJ, August 26th, front page, discusses law school rankings ... and the ability of school deans to "game" the system used by U.S. News & World Report to rank law schools. This reminds me of the accounting adage, "Figures don't lie, but liars figure."
Continue Reading...Katrina statistics
Many lawyers (some of whom were my clients) were directly impacted by Katrina; the practices of some were wiped out. Almost all suffered revenue declines.
Many other lawyers helped in the reconstruction efforts. Now, 3 years later, much yet needs to be done. Bill Quigley gives us the following startling (at least to me) statistics, and much more:
0. Number of renters in Louisiana who have received financial assistance from the $10 billion federal post-Katrina rebuilding program Road Home Community Development Block Grant — compared to 116,708 homeowners.
0. Number of apartments currently being built to replace the 963 public housing apartments formerly occupied and now demolished at the St. Bernard Housing Development.
0. Amount of data available to evaluate performance of publicly financed privately run charter schools in New Orleans in 2005-2006 and 2006-2007 school years.
.008. Percentage of the rental homes that were supposed to be repaired and occupied by August 2008 which were actually completed and occupied — a total of 82 finished out of 10,000 projected.
1. Rank of New Orleans among U.S. cities in percentage of housing vacant or ruined.
1. Rank of New Orleans among U.S. cities in murders per capita for 2006 and 2007.
Why is it that we have to repeat history? In 1927, much of the Mississippi Valley was destroyed by similar flooding. More than 1/3 of the country was directly impacted by this flood! The impact, economic and otherwise, from this was devastating, not only to this 1/3 of the country, but to the entire country!
We can't control the weather, the storms that befall us. Just last night, in the news, there was a commentary about another major storm off the Gulf of Mexico. It could leave another devastating mark on the U.S., having already killed one person in Haiti. But, we seem to ignore these vagaries of nature. If we can improve our land area and structures in earthquake country, why can't we do the same in other parts of the U.S.? Where is the political will to do something? We certainly have the skill, knowledge and technolgoy! What is missing?
Learn from the greats
As a member of the National Speakers Association, I had the learning opportunity to participate with several of the great voices of our generation.
Marshall Goldsmith, who coaches more than 50 of the top 100 CEOs of corporate America, commented on several psychological observations that I found interesting:
Marshall Goldsmith, who coaches more than 50 of the top 100 CEOs of corporate America, commented on several psychological observations that I found interesting:
- What we do at home, we do at the office, and vice versa. In other words, if we are unkind to our colleagues, our staff and our adversaries, we're probably exhibiting to same behavior to our spouses and our children.
- Among the annoying habits that can hold successful people back is winning too much. Generally, we're successful because we're competitive. Being competitive, we win. But, we don't know when to stop. We even compete on who is to select the restaurant to go to for dinner.
- Successful people often add too much value. In other words, we add something to another person's idea. Instead of saying "thank you" and being quiet, we say that is a great idea, but it would be better if you add x, y, or z. He says that the quality of the idea may go up by 5%, but the participation will go way down ... because it now is no longer the other person's idea. We have stolen the other person's investment in the process.
- Destructive comments prevents forward progress. Avoid the use of the words, "no," "but" and "however." These words discount the value of the other person and their ideas. By merely saying "thank you," we can create, maintain and retain our team with significantly greater results for all involved.
- Leadership is a contact sport! Studies show that where the leader followed-up, there was greatest improvement.
- What got you here, won't get you there. Those competitive attributes that got you to the leader's position are different than the attributes of a successful leader. You must alter your skill set in order to succeed in your new position.
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.
"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.
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?
My Shingle has standing room only
Carolyn Elefant, proprietor of My Shingle, discussed marketing a solo and small firm by creating a network of professional colleagues. She attracted a standing room only crowd at the LegalTech show in Los Angeles and held the audience in the palms of her hands. Job well-done!
Respect for the law
We're taught that "respect for the law" is an underlying foundation for our society.
In a recent case, the courts have denied a law license to a Michigan applicant because he said he has no respect for the Michigan court that fails to protect the civil liberties of plaintiffs.
How can others respect the law with decisions such as this?
In a recent case, the courts have denied a law license to a Michigan applicant because he said he has no respect for the Michigan court that fails to protect the civil liberties of plaintiffs.
"Lawrence says he holds the Michigan court system in low regard because a majority of Michigan Supreme Court justices have been hostile to civil rights plaintiffs. He says he doesn’t regret answering truthfully when the character and fitness committee asked about his political beliefs, and he would do it again." (ABA Journal)
How can others respect the law with decisions such as this?
The Last Lecture
In a previous post, I talked about Lance Armstrong and his approach to success ... and how he focuses on the positives in his life, even after a serious bout with cancer.
A new book, The Last Lecture, is written by someone not so lucky. He died at a young age. But before dying, his "last lecture" was videotaped; it inspired many people. They said that "they quit pitying themselves," "the lecture had persuaded them to embrace their own goodbyes," among other responses. The author said that he had "to keep having fun every day I have left, because there's no other way to play it."
A new book, The Last Lecture, is written by someone not so lucky. He died at a young age. But before dying, his "last lecture" was videotaped; it inspired many people. They said that "they quit pitying themselves," "the lecture had persuaded them to embrace their own goodbyes," among other responses. The author said that he had "to keep having fun every day I have left, because there's no other way to play it."
Lawyers will find a loophole
The California State Bar Board of Governors last week adopted a new professional rule of conduct. Lawyers must now advise their clients in writing when they do not carry malpractice insurance, either in their engagement agreement or in a separate document.
The rule is flawed, as I’ve argued in more than one past post. Since lawyers are skilled in finding loopholes, I suspect that this new rule will be honored in its breach ... and therefore not provide meaningful protection to clients.
There are creative alternatives the 30,000 sole and small firm lawyers impacted by this rule may take to avoid the intent of the Board and its new rule: Continue Reading...
The rule is flawed, as I’ve argued in more than one past post. Since lawyers are skilled in finding loopholes, I suspect that this new rule will be honored in its breach ... and therefore not provide meaningful protection to clients.
There are creative alternatives the 30,000 sole and small firm lawyers impacted by this rule may take to avoid the intent of the Board and its new rule: Continue Reading...
Self-esteem can be built
Paraphrasing Alan Weiss, self-esteem is the single most important challenge facing most people. Those of you who know me, know that cycling is my avocation, my passion. In connection with this, I've just finished reading How Lance Does It by Brad Kearns.
Of particular interest to me is how Lance Armstrong has been able to focus on his journey, not the outcomes, and thereby maintain his confidence and his self-esteem. Not that he would welcome failure, but that failure was not a factor if he prepared himself and his environment for his best effort.
Several quotes I think are particularly worth noting, at least from my perspective:
"Don't take anything personally. Nothing others do is because of you. What others say is a projection of their own reality. When you are immune to the opinions and actions of others, you won't be the victim of needless suffering." (by Don Miguel Ruiz in his The Four Agreements)
Continue Reading...
Of particular interest to me is how Lance Armstrong has been able to focus on his journey, not the outcomes, and thereby maintain his confidence and his self-esteem. Not that he would welcome failure, but that failure was not a factor if he prepared himself and his environment for his best effort.
Several quotes I think are particularly worth noting, at least from my perspective:
"Don't take anything personally. Nothing others do is because of you. What others say is a projection of their own reality. When you are immune to the opinions and actions of others, you won't be the victim of needless suffering." (by Don Miguel Ruiz in his The Four Agreements)
Continue Reading...
Legal Fees: Could you afford you?
Last week-end, I was attending a Vintage Airstream rally in Albuquerque, New Mexico, as mentioned in a previous post.
Because our “new” vintage Airstream is still being built and our “old” vintage Airstream was totaled from our December accident, we could not stay at the rally, but had sleeping quarters about 10 miles away, a short car ride. To get there, we had a short stint on Highway 550, a heavily trafficked thoroughfare in the area, so I’m told. As we got close to our destination, I noticed the highway was streaming with police. It looked like a major car accident; as I got closer, it looked like a disaster. I could tell the roadway had been narrowed by cones and police cars into one lane. And as I approached the head of the line, a policeman approached me. Suddenly, I realized that I was in the middle of a road block!
Continue Reading...
Because our “new” vintage Airstream is still being built and our “old” vintage Airstream was totaled from our December accident, we could not stay at the rally, but had sleeping quarters about 10 miles away, a short car ride. To get there, we had a short stint on Highway 550, a heavily trafficked thoroughfare in the area, so I’m told. As we got close to our destination, I noticed the highway was streaming with police. It looked like a major car accident; as I got closer, it looked like a disaster. I could tell the roadway had been narrowed by cones and police cars into one lane. And as I approached the head of the line, a policeman approached me. Suddenly, I realized that I was in the middle of a road block!
Continue Reading...
Naked Airstream
Have you ever wondered what an Airstream looks like, naked?
Continue Reading...
April Fool's Day here again!
The number 1 April Fools' Day joke as reported by USA Today was the "Swiss spaghetti harvest:
In 1957, the BBC said Swiss farmers were harvesting a huge spaghetti crop due to the near-elimination of the spaghetti weevil. Coverage showed peasants picking spaghetti from trees." ... I saw this on television as a youngster ... and BELIEVED it! For many years, I never knew this was a prank. I learned that spaghetti couldn't grow on a tree or in the ground. But, I couldn't get the image out of my mind. Not until the USA squib did I know it was actually a prank.
Reminds me of those who continue to repeat a phrase or idea, thinking that repetition will make it "right." Do you know anyone who does this?
In 1957, the BBC said Swiss farmers were harvesting a huge spaghetti crop due to the near-elimination of the spaghetti weevil. Coverage showed peasants picking spaghetti from trees." ... I saw this on television as a youngster ... and BELIEVED it! For many years, I never knew this was a prank. I learned that spaghetti couldn't grow on a tree or in the ground. But, I couldn't get the image out of my mind. Not until the USA squib did I know it was actually a prank.
Reminds me of those who continue to repeat a phrase or idea, thinking that repetition will make it "right." Do you know anyone who does this?
Sales attorneys in the offing
Where there's smoke, they say there is usually fire. When people begin to talk about "sales attorneys," attorneys whose function is to sell the services of the law firm rather than perform legal work, the closer to reality that position will become.
Continue Reading...
"The road to success is always under construction."
I was recently reminded of Lily Tomlin's sentiment. One of the greatest attributes of the legal profession, aside from its being a loving, caring profession, is that we continue to learn new things every day! I suppose that's one reason to call it a "practice."
But, when we continue to learn, we also know that there is a lot still to learn. This tends to impact one's self-esteem. In talking with several psychologists and organizational development experts, poor self-esteem is one of the greatest challenges to lawyers.
Recognizing that this is a lifelong journey may take the pressure off of current feelings about one's skills and self-esteem. That, also, may make one more sensitive to clients' needs and less aggressive with opposing counsel. Civility (a major Bar initiative) comes with self-confidence, which also tends to reduce costs for clients.
But, when we continue to learn, we also know that there is a lot still to learn. This tends to impact one's self-esteem. In talking with several psychologists and organizational development experts, poor self-esteem is one of the greatest challenges to lawyers.
Recognizing that this is a lifelong journey may take the pressure off of current feelings about one's skills and self-esteem. That, also, may make one more sensitive to clients' needs and less aggressive with opposing counsel. Civility (a major Bar initiative) comes with self-confidence, which also tends to reduce costs for clients.
Law firm profitability - Lessons from basketball
Yesterday, I attended the West Regional NCAA basketball game between UCLA and Texas A & M. I also watched the Stanford / Marquette game that preceded the West Regional UCLA game. Both games were about as rough and close as basketball games can be. Both games featured some of the best college athletes playing today. One lesson to be learned from these young athletes is that the game is not over until over ... UCLA, for example, had mental toughness to stay in the game despite playing one of their worst games of the year. As a biased UCLA fan, I do not believe their performance was influenced that much by their opposition, notwithstanding that their opposition was excellent.
For me, this is reminiscent of the discussion I had recently with a client who asked me to do a profitability analysis of her firm She and her partner believed that the expenses of their small firm were too high My review of the data indicated that there were areas where reductions or revised characterization would be relevant. For example, several capital expenditures could be removed from the expense side of the profit and loss statement and recast as assets; a management fee could be removed or recast as a draw by one of the partners because such a fee is inappropriate for a small firm. However, the real focus for this firm should be on increasing its revenue. That would have the most dramatic impact on the performance of the firm. Recasting the expenses would not change the cash flow of the firm, but would help generate the mental toughness confidence that they are not in terrible shape, that they could succeed, and provide the mental toughness to continue seeking the appropriate client base to generate increased revenue.
Looking at the relevant data helps remove the fear of failure, engender confidence that small changes in one's own behavior can have large impact on one's success, and bring the realization that success is just around the corner.
For me, this is reminiscent of the discussion I had recently with a client who asked me to do a profitability analysis of her firm She and her partner believed that the expenses of their small firm were too high My review of the data indicated that there were areas where reductions or revised characterization would be relevant. For example, several capital expenditures could be removed from the expense side of the profit and loss statement and recast as assets; a management fee could be removed or recast as a draw by one of the partners because such a fee is inappropriate for a small firm. However, the real focus for this firm should be on increasing its revenue. That would have the most dramatic impact on the performance of the firm. Recasting the expenses would not change the cash flow of the firm, but would help generate the mental toughness confidence that they are not in terrible shape, that they could succeed, and provide the mental toughness to continue seeking the appropriate client base to generate increased revenue.
Looking at the relevant data helps remove the fear of failure, engender confidence that small changes in one's own behavior can have large impact on one's success, and bring the realization that success is just around the corner.
LawBiz Tips published
LawBiz Tips edition for the current week has been released. Using financial benchmarks to analyze your firm's performance has been the focus of several financial software companies. Is this of interest to you?
Also, I talk about dreaming having a poor ROI. What does this mean for the law firm? Read LawBiz Tips and learn my approach.
Also, I talk about dreaming having a poor ROI. What does this mean for the law firm? Read LawBiz Tips and learn my approach.
ABA Tech Show pictures
Lisa Solomon is tech savvy. I learn from her everytime we're together.
We went to dinner while in Chicago this last week and she took several photographs. Here are two of them that are listed on Facebook, one of the sprouting social networks. One should be careful what is placed on internet boards such as this ... This entry is sedate and trustworthy. This is the first posting for me, excluding our Airstream trailer, of photos on this site.
We went to dinner while in Chicago this last week and she took several photographs. Here are two of them that are listed on Facebook, one of the sprouting social networks. One should be careful what is placed on internet boards such as this ... This entry is sedate and trustworthy. This is the first posting for me, excluding our Airstream trailer, of photos on this site.
ABA Tech Show interview
During the ABA TechShow, I had the pleasure of being interviewed by Rob of LexBlog.
Law Firm Fees & Compensation
Our new book will go to press in two weeks: Law Firm Fees & Compensation: Value & Growth Dynamics --- A LawBiz Special Report
Stay tuned for the official press release.
Stay tuned for the official press release.
Innovative law firm management
The legal market is not known - yet - for embracing innovation. And the life of a law practice management innovator can be lonely. That can and will change…
The College of Law Practice Management (of which I am a member) sponsors the InnovAction Award, which is designed to identify and honor innovation in law practice management.
If you are in a law firm, inhouse department, or other law practice (not for vendors) that has done something innovative - whether with technology or otherwise - the College asks you to take a moment to review the InnovAction web site and consider submitting an application.
The Red Zone of Your Career
Karen Mathis, immediate past chair of the American Bar Association, focused her year on developing a new awareness for the legal profession. She said recently that 400,000 lawyers will retire in the next 10 years. That’s the entire current membership of the
Open Letter to the American Bar Association
Most lawyers work on Main Street, not Wall Street. Yet all lawyers are impacted by the American Bar Association’s social and political efforts. In my opinion, the single most important power given to the President of the United States is the appointment of Supreme Court justices. It is unfortunate that this process is so tainted today by political ideology and so very fortunate that the ABA is there as an independent third party to challenge the process. That may be its most important function.
However, as the Executive Director of the ABA, Henry F. White, Jr., at the ABA’s Solo Caucus in Los Angeles’ Mid-Year meeting, February 10th, said, “At the end of the day, it’s all about money, despite the goodness.” He, and his fellow panelists, M. Joe Crosthwait, Jr. (moderator), Karen J. Mathis (ABA immediate past president), and H. Thomas Wells, Jr. (ABA president-elect), were preaching to the choir. Continue Reading...
However, as the Executive Director of the ABA, Henry F. White, Jr., at the ABA’s Solo Caucus in Los Angeles’ Mid-Year meeting, February 10th, said, “At the end of the day, it’s all about money, despite the goodness.” He, and his fellow panelists, M. Joe Crosthwait, Jr. (moderator), Karen J. Mathis (ABA immediate past president), and H. Thomas Wells, Jr. (ABA president-elect), were preaching to the choir. Continue Reading...
Professionalism vs Competence
In a survey reported in the February 6th edition of USA Today, Money Section B, the question was asked: "As long as they are good at their jobs, should rude and unprofessional co-workers be tolerated?"
Respondents said "yes" (15%), "no" (84%) and "don't know" (1%). It is clear that people are tired of bombastic behavior, at least in the workplace. Can this be translated into a more collegial, and team-oriented work environment?
Patrick Lamb, a leading proponent of "value billing" has certainly committed himself to the concept of team effort. He opened a new practice with two other partners in January 2008. Collegiality, outstanding client service and billing for value delivered (not time spent) gets promoted one step at a time. Patrick has taken that first step in his new firm. Congratulations and best wishes for his continued success.
As more lawyers succeed in this business model, perhaps others will follow. Then, perhaps, will civility in the profession be achieved.
As a side note, I'm currently reading (actually, listening) the recently published book about Lincoln and his leadership skills. I'm struck by the number of lawyers who were the leaders of our country and the large percentage of our representatives in government (House of Representatives, Senate, and State legislatures) who were lawyers. At one time, the balance substantially exceeded 50%. Contrast that to today when only around 25%, if that, of these bodies are lawyers. Perhaps the lack of civility in our society in general and the legal profession in particular, is the reason for the lack of faith in lawyers. I don't know the reason or the answer to this dilemma. But, I do know that many lawyers are stressed, are "burned out" and are unhappy with their chosen profession.
Given this history, I am quite surprised and pleased that 3 of the viable, now 2, Democratic candidates for President are lawyers.
Respondents said "yes" (15%), "no" (84%) and "don't know" (1%). It is clear that people are tired of bombastic behavior, at least in the workplace. Can this be translated into a more collegial, and team-oriented work environment?
Patrick Lamb, a leading proponent of "value billing" has certainly committed himself to the concept of team effort. He opened a new practice with two other partners in January 2008. Collegiality, outstanding client service and billing for value delivered (not time spent) gets promoted one step at a time. Patrick has taken that first step in his new firm. Congratulations and best wishes for his continued success.
As more lawyers succeed in this business model, perhaps others will follow. Then, perhaps, will civility in the profession be achieved.
As a side note, I'm currently reading (actually, listening) the recently published book about Lincoln and his leadership skills. I'm struck by the number of lawyers who were the leaders of our country and the large percentage of our representatives in government (House of Representatives, Senate, and State legislatures) who were lawyers. At one time, the balance substantially exceeded 50%. Contrast that to today when only around 25%, if that, of these bodies are lawyers. Perhaps the lack of civility in our society in general and the legal profession in particular, is the reason for the lack of faith in lawyers. I don't know the reason or the answer to this dilemma. But, I do know that many lawyers are stressed, are "burned out" and are unhappy with their chosen profession.
Given this history, I am quite surprised and pleased that 3 of the viable, now 2, Democratic candidates for President are lawyers.
Civility has no chance to succeed!
Civility is the new mantra for bar associations across the country. In California, last year, the then president of the State Bar created a task force to study the issue and develop a set of guidelines.
But, the legal profession merely reflects society at large. I just came across a 2007 book titled The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn't written by Robert I. Sutton, a Stanford professor. Great title!
How about these statistics:
If our society is facing these issues, how can we expect lawyers to be more "civil" than others?
But, the legal profession merely reflects society at large. I just came across a 2007 book titled The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn't written by Robert I. Sutton, a Stanford professor. Great title!
How about these statistics:
- The number of homicides in the workplace is up
- "Boss-icide" has doubled in 10 the last 10 years
- Workers murder 3 to 4 supervisors each month, double the number of 10 years ago
- "Going postal" is more than the post office violence
- "Desk rage" is a new term
- 27% of workers experienced on-the-job mistreatment, according to a 2000 study
- One in 6 report persistent psychological abuse
- 36% of employees reported persistent hostility from coworkers and supervisors, according to a 2002 US Department of Veterans Affairs study
- 91% of nurses experienced verbal abuse that left t hem feeling attacked, devalued or humiliated, according to a 2003 study.
If our society is facing these issues, how can we expect lawyers to be more "civil" than others?
Fraud by lawyers
Massachusetts followed similar actions by Connecticut and Rhode Island. Insurance carriers are now required to send a notice to consumers whenever $5,000 or more is sent to attorneys to settle clients' claims. The objective is to prevent fraud by lawyers; some lawyers resolve clients' claims without the consent of their clients or endorse/forge the settlement checks and deposit the funds into their own accounts.
The theory is that knowledge by clients will prevent fraud. I've never known knowledge of such settlements preventing thievery. But, then, I've also never known clients who walk away just because a lawyer has one sentence in a fee agreement that they have no malpractice insurance.
First, there is a very small percentage of "bad apples" in the legal profession. Second, remedies such as the "disclosure" requirement are band-aids on a scab. They are not truly remedial of the cause of the problems. While the rubric is "client protection," the real protection will come from better education of lawyers, including practice management education, providing affordable malpractice insurance, and then requiring every lawyer to have malpractice insurance -- real insurance, not self-insurance!
The theory is that knowledge by clients will prevent fraud. I've never known knowledge of such settlements preventing thievery. But, then, I've also never known clients who walk away just because a lawyer has one sentence in a fee agreement that they have no malpractice insurance.
First, there is a very small percentage of "bad apples" in the legal profession. Second, remedies such as the "disclosure" requirement are band-aids on a scab. They are not truly remedial of the cause of the problems. While the rubric is "client protection," the real protection will come from better education of lawyers, including practice management education, providing affordable malpractice insurance, and then requiring every lawyer to have malpractice insurance -- real insurance, not self-insurance!
Public Defenders Are Taken to Task - For Shame!
In the op-ed of the Los Angeles Daily Journal, January 29, 2008, R. Konrad Moore suggests that public defenders who choose to strike betray the constitutional rights and liberty of their clients.
Shame on you for thinking that public defenders owe more to society than other lawyers, public officials or average citizen. Mr. Moore seems to believe that becoming a government employee, a public defender, means that one's human and normal rights are checked at the door.
Yes, becoming a lawyer does mean that there are certain rights and responsibilities one takes on that are not required by others. However, I do not hear Mr. Moore suggesting that all lawyers owe a pro bono obligation to society, or that government officials are not entitled to seek increased compensation or that Corporate America has a social responsibility to its customers and a responsibility to its shareholders by keeping CEO compensation within reasonable boundaries or, for that matter, that the State Bar owes a duty to the public to require that all attorneys have malpractice insurance. And, I don't hear that the State Bar owes a duty of any kind to its members, let alone obtaining a program of low cost malpractice insurance so that attorneys could then better protect the public they serve. That would be spreading responsibilities too far. He's concerned only about limiting the compensation of public defenders.
Why then showed public defenders not be entitled to come together as any other group of employees in order to seek better conditions of work. Does Mr. Moore mean that the government can give any compensation, no matter how low, to public defenders and that the public defenders should be grateful to receive it? What about district attorneys? If they were to organize, as some have, does Mr. Moore likewise believe that there is a violation of the constitutional rights of citizens?
His argument is disingenuous and should be placed in its proper context. More to the point, why does Mr. Moore not argue that it is the responsibility of government and its citizens to make sure that defendants receive the best possible representation by compensating public defenders fairly and in accordance with compensation generally received in private law firms?
LawBiz® Tips issued
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Your Price is Too High
Many folks are complaining about the high price demanded by lawyers. It was reflected in an article in the Wall Street Journal a few months ago and, more recently, by a few corporate counsel in suggesting that they will “fire” their outside counsel because of their hourly rates.
In its December 6th edition, the Los Angeles and San Francisco Daily Journal highlighted California’s “Top Neutrals.” I read the supplement with great interest ... and was struck by the very high prices demanded/commanded by these triers of fact. From a low of $400 per hour to the upper reaches of $12,000 per day, I don’t hear the complaints against these rates!
Years ago, our system of independent neutrals developed because of changes in the judiciary’s retirement system causing economic pain to judges who remained on the bench, I lamented the separation of the rich and poor ... The poor folks had their matters heard by the judiciary, paid by taxpayers. The rich had their matters heard more quickly by independent neutrals, paid by the parties. Independent neutrals who work full-time earn far more than judges.
Our system of justice suffers when economics plays such a dominant role in the determination of disputes, when the poor receive different treatment than the rich. It’s bad enough when the rich can afford to gather a “dream team” for the assertion of their claims; but, it’s outrageous when economics can determine who will be the trier of the facts.
In its December 6th edition, the Los Angeles and San Francisco Daily Journal highlighted California’s “Top Neutrals.” I read the supplement with great interest ... and was struck by the very high prices demanded/commanded by these triers of fact. From a low of $400 per hour to the upper reaches of $12,000 per day, I don’t hear the complaints against these rates!
Years ago, our system of independent neutrals developed because of changes in the judiciary’s retirement system causing economic pain to judges who remained on the bench, I lamented the separation of the rich and poor ... The poor folks had their matters heard by the judiciary, paid by taxpayers. The rich had their matters heard more quickly by independent neutrals, paid by the parties. Independent neutrals who work full-time earn far more than judges.
Our system of justice suffers when economics plays such a dominant role in the determination of disputes, when the poor receive different treatment than the rich. It’s bad enough when the rich can afford to gather a “dream team” for the assertion of their claims; but, it’s outrageous when economics can determine who will be the trier of the facts.
The death of a satirist - and more
Bill Strauss, the creator of Capitol Steps died at the young age of 60 years. Not only was he and his troop fabulous satirists, Bill was also an author who focused on generational differences. I first was introduced to the Capitol Steps at an ABA gathering in Washington, D.C. I couldn't remember when I had laughed so hard.
Without knowing his connection to the Capitol Steps, I invited him to be a keynote speaker at my Managing Partners Roundtable’s Diversity Conference in 2006. During his presentation, he talked about his theory of “5 generations.” Paraphrasing him, he said that every 4 (5?) generations repeats itself. The first generation creates a new world, the 2nd generation sustains this new world, the 3rd generation enhances or expands or grows the world, the 4th generation destroys the world and the 5th generation starts with a new world again. While my paraphrase clearly does not do Bill Strauss’ comments justice, the concept of “history repeating itself” is important. Bill said that one can trace and support this theory merely by looking at the history of the world.
With his theory, he drew certain conclusions about the differences among today’s generations, what we call the generation gap. His comments resonated well with the managing partners, the partners and the younger associates in our audience of more than 200 lawyers.
With increasing longevity, and therefore more generations co-existing than ever before, it’s essential that we understand these issues if we’re to cooperate and continue to grow as a society. With his death, we have lost an important contributor to this conversation.
Without knowing his connection to the Capitol Steps, I invited him to be a keynote speaker at my Managing Partners Roundtable’s Diversity Conference in 2006. During his presentation, he talked about his theory of “5 generations.” Paraphrasing him, he said that every 4 (5?) generations repeats itself. The first generation creates a new world, the 2nd generation sustains this new world, the 3rd generation enhances or expands or grows the world, the 4th generation destroys the world and the 5th generation starts with a new world again. While my paraphrase clearly does not do Bill Strauss’ comments justice, the concept of “history repeating itself” is important. Bill said that one can trace and support this theory merely by looking at the history of the world.
With his theory, he drew certain conclusions about the differences among today’s generations, what we call the generation gap. His comments resonated well with the managing partners, the partners and the younger associates in our audience of more than 200 lawyers.
With increasing longevity, and therefore more generations co-existing than ever before, it’s essential that we understand these issues if we’re to cooperate and continue to grow as a society. With his death, we have lost an important contributor to this conversation.
ABA Journal lists LawBizBlog in top 100
American Bar Journal includes LawBizBlog in top 100!
Ed Poll finds plenty to post about from his speaking schedule alone. He writes about outsourcing and the cold-hard-cash facts of starting—or ending—a law practice.
Go to the Journal and vote for LawBizBlog.com!
Does disclosure affect strategy or competence?
Did you see the Tuesday edition of Wall Street Journal, Health section? David Armstrong discusses the business interests of doctors -- and their ethical responsibility to disclose their personal financial interests in any business that benefits from their prescribed medical treatment, whether that treatment be medicine, equipment or otherwise.
The bottom line is that it is the patient's responsibility to ask the doctor if he/she has any financial connection to the recommended treatment. The suggestion is that if the answer is "yes," the patient should get a second opinion. Not bad advice, but still a matter of personal trust and interaction between the doctor and the patient.
If the doctor has a financial interest in a treatment modality, this may influence the doctor's prescribed treatment. Note that there is no movement here to demand that doctors disclose whether they have malpractice insurance. Perhaps because the existence of insurance is not likely to influence the treatment modality to be prescribed.
Why is it that some lawyers misguidedly believe it is important for lawyers? It's existence or absence does not affect the legal strategy advised or vigor or competence of legal representation. As a side note, however, it is interesting to note that most of the lawyers advocating that other lawyers make disclosure DO have a personal financial stake in the outcome of this discussion. Most represent insurance carriers who whose premium income might increase. Yet, there is no disclosure required by them in their discussions of this topic. Interesting, eh?
The bottom line is that it is the patient's responsibility to ask the doctor if he/she has any financial connection to the recommended treatment. The suggestion is that if the answer is "yes," the patient should get a second opinion. Not bad advice, but still a matter of personal trust and interaction between the doctor and the patient.
If the doctor has a financial interest in a treatment modality, this may influence the doctor's prescribed treatment. Note that there is no movement here to demand that doctors disclose whether they have malpractice insurance. Perhaps because the existence of insurance is not likely to influence the treatment modality to be prescribed.
Why is it that some lawyers misguidedly believe it is important for lawyers? It's existence or absence does not affect the legal strategy advised or vigor or competence of legal representation. As a side note, however, it is interesting to note that most of the lawyers advocating that other lawyers make disclosure DO have a personal financial stake in the outcome of this discussion. Most represent insurance carriers who whose premium income might increase. Yet, there is no disclosure required by them in their discussions of this topic. Interesting, eh?
Is pessimism prudence?
My wife would probably agree and say "yes." I have always said that she would have made a great law school professor because she can see every negative possibility, some I couldn't even imagine, in every situation! The "parade of horribles," as it was called in law school.
Her response is that by envisioning what could go wrong, she can prepare for it happening and be ready to overcome it if it does happen. Perhaps her attitude is where i got the title for my book Disaster Preparedness & Recovery Planning for Law Firms.
In today's ABA email, there seems to be some vindication for her approach. An article by Debra Cassens Weiss said:
Her response is that by envisioning what could go wrong, she can prepare for it happening and be ready to overcome it if it does happen. Perhaps her attitude is where i got the title for my book Disaster Preparedness & Recovery Planning for Law Firms.
In today's ABA email, there seems to be some vindication for her approach. An article by Debra Cassens Weiss said:
"... Martin Seligman of the University of Pennsylvania, who studies positive psychology, says most optimists do better in life than merited by their talents alone.
But with lawyers, the opposite is true.
Seligman's survey of law students at the University of Virginia found that pessimists got better grades, were more likely to make law review and got better job offers.
"In law," he told the newspaper, 'pessimism is considered prudence.' "
Lawyer Benchmarks Taught by Airstream
There are benchmarks in life ... and in our law practices. Benchmarks might be as significant as a marriage, a birth or a death. In law, it might be graduating from law school, opening one’s own practice, winning a significant case, or in today’s world of Baby Boomers, moving into our "second season."
The Airstream trailer (see my earlier posts on this subject) has taught me and confirmed many lessons I’ve learned over the years. Here are just a few that our current trip has triggered:
Change is part of life, and we must learn how to manage change to be successful
Change requires that we be flexible
Life involves continuous improvement
Luck is the intersection of preparation and opportunity
Thinking beyond the norm
Sometimes, in today's very competitive legal environment, lawyers and law firms must think "outside of the box," beyond the norm. Creating a strategy for your future is mandatory for success, for knowing whether you've arrived at "success." Obviously, that is not a "given," not automatic. We must first create, then implement, to be successful.
Other fields of endeavor often provide us with examples of this type of thinking. See below for one example in the art world. I've seen this type of approach only twice in my life, once by Salvador Dali in possibly my favorite works of art of all time and once by my sister (also an artist).
See the Cochrane Mural
For those people that live in another part of the world, Cochrane is a community just west of Calgary, Alberta . (Not the one in Northern Ontario.)
This mural was unveiled at the Cochrane Ranche House July 1, 2007. Each tile is 1 foot square, is it's own individual picture, and each is by a different artist. All of them together form this huge mural. You can click on each of the tiles to see them in detail. Check out the horse's eye and nostril and anywhere else on the mural. Also the two below it.
Other fields of endeavor often provide us with examples of this type of thinking. See below for one example in the art world. I've seen this type of approach only twice in my life, once by Salvador Dali in possibly my favorite works of art of all time and once by my sister (also an artist).
See the Cochrane Mural
For those people that live in another part of the world, Cochrane is a community just west of Calgary, Alberta . (Not the one in Northern Ontario.)
This mural was unveiled at the Cochrane Ranche House July 1, 2007. Each tile is 1 foot square, is it's own individual picture, and each is by a different artist. All of them together form this huge mural. You can click on each of the tiles to see them in detail. Check out the horse's eye and nostril and anywhere else on the mural. Also the two below it.
Mandatory Disclosure If No Malpractice Insurance
Q: As a sole practitioner, I’m nervous about the possibility that new requirements that lawyers must disclose in writing if we don't have malpractice insurance. How will mandatory disclosure affect my business?
My new favorite saying
Anita Koddick of The Association of Legal Administrators, San Diego Chapter, said: "If you think you're too small to have an impact, try going to bed with a mosquito in the room."
Save money by knowing the earth is flat!
With tomorrow being October 8th and Columbus Day, it is time to recall the great traveler who taught is that the world is, in fact, round! He went from the East to the West.
It took Thomas Friedman to teach us that "the world is flat" by going from the West to the East!
Friedman teaches, among other things, about "outsourcing." Many lawyers are using this principle (sometimes also called "delegation") to lower their cost of operation and thus increase their profit. Even sole practitioners and small firm lawyers can effectively use this principle.
I encourage you to read Friedman's book.
It took Thomas Friedman to teach us that "the world is flat" by going from the West to the East!
Friedman teaches, among other things, about "outsourcing." Many lawyers are using this principle (sometimes also called "delegation") to lower their cost of operation and thus increase their profit. Even sole practitioners and small firm lawyers can effectively use this principle.
I encourage you to read Friedman's book.
Humor in almost every disaster
This week, I'm in
On arrival yesterday, my new cell phone stopped working (my first clue that things were about to change) and my wife was desperately searching to find me to give me bad news. First, the bad news: A house that I own and rent burned down. Next, the good news: No one was hurt! The family is now displaced and needs a new place to live, but they are all fine. The fire was during the day and they were out of the house. Now, the funny news: During the aftermath, a fireman asked the tenant if he smoked, thinking that perhaps a lighted cigarette was the cause. The tenant responded: No, I don’t smoke cigarettes, only marijuana! I nearly cracked up. He obviously didn’t have advice of counsel not to make such an admission. He also claims, however, to have a medical prescription. By the way, AT&T fixed my cell phone this morning.
I'll have to read my own book, Disaster Preparedness & Recovery Planning: A LawBiz Special Report. We just never know from whence or when or what kind of a disaster will hit! To the extent we can, we need to anticipate disasters and plan for recovery and continuity!
Law is a verb, not a noun!
Recently, I heard Alpesh Bhatt speak; his presentation was fascinating and he spoke with the fervor and energy of an impassioned believer. He made the following observation:
"The organization of the future is a verb, not a noun." He continued by asking: "Who will own the stock of the organization?" He said that users will control the company; his examples include www.digg.com and other similar Internet operations such as "youtube" and "facebook." Yes, the stock of the company may be "owned" by one or two people, but the control of the operation is really in the hands of the users. He cited examples of where the users did not agree with a company policy and forced the company to retract its stand.
This is an interesting concept. I'm reminded of the phrase, "... the more things change, the more they stay the same!" I'm referring to the fact that, even in the "old days," the real control of a business was and is in the hands of consumers. Unless you have customers willing to purchase your goods or services, you have no business! Unless you have clients, there is no reason for you to have a law practice. Yes, you may technically "own" the company or law firm, but you will have no business ... no revenue ... without clients.
Thus, the clarion call: Treat thy clients as they would like to be treated, or you will have no clients! This is a paraphrase of Tony Alessandra's "Platinum Rule" of asking your clients how they want to be treated, or Ben Franklin's mantra, "... take care of the pence and the pence will take care of you."
Another way of looking at this concept is to suggest that law is a verb, not a noun; that law is constantly changing. Our courts, though they use precedents, constantly interpret the written word to mean something different in different times, always seeking to keep the law relevant to the day's values. In other words, the law changes or is a verb, not a noun.
At the end of his presentation, Bhatt observed that business used to be about putting together the puzzle. Seven steps to this, five steps to that, etc. We will see how this process orientation is no longer appropriate. We will be asked to solve the mystery, not create a process. And if/when we bring value to the table to help our clients solve their business mystery, we will be their colleague, their "partner " in helping them solve the mystery then facing their business.
Pretty sophisticated stuff ... and lawyers who can "get it," will remain the top lawyers of our profession.
"The organization of the future is a verb, not a noun." He continued by asking: "Who will own the stock of the organization?" He said that users will control the company; his examples include www.digg.com and other similar Internet operations such as "youtube" and "facebook." Yes, the stock of the company may be "owned" by one or two people, but the control of the operation is really in the hands of the users. He cited examples of where the users did not agree with a company policy and forced the company to retract its stand.
This is an interesting concept. I'm reminded of the phrase, "... the more things change, the more they stay the same!" I'm referring to the fact that, even in the "old days," the real control of a business was and is in the hands of consumers. Unless you have customers willing to purchase your goods or services, you have no business! Unless you have clients, there is no reason for you to have a law practice. Yes, you may technically "own" the company or law firm, but you will have no business ... no revenue ... without clients.
Thus, the clarion call: Treat thy clients as they would like to be treated, or you will have no clients! This is a paraphrase of Tony Alessandra's "Platinum Rule" of asking your clients how they want to be treated, or Ben Franklin's mantra, "... take care of the pence and the pence will take care of you."
Another way of looking at this concept is to suggest that law is a verb, not a noun; that law is constantly changing. Our courts, though they use precedents, constantly interpret the written word to mean something different in different times, always seeking to keep the law relevant to the day's values. In other words, the law changes or is a verb, not a noun.
At the end of his presentation, Bhatt observed that business used to be about putting together the puzzle. Seven steps to this, five steps to that, etc. We will see how this process orientation is no longer appropriate. We will be asked to solve the mystery, not create a process. And if/when we bring value to the table to help our clients solve their business mystery, we will be their colleague, their "partner " in helping them solve the mystery then facing their business.
Pretty sophisticated stuff ... and lawyers who can "get it," will remain the top lawyers of our profession.
Malpractice insurance disclosure
The tidal wave has not yet struck! That means there is still time to save ourselves.
The California State Bar Board of Governors voted today on the proposal to require disclosure to prospective clients that they do not have malpractice insurance (if they don't). Other lawyers who are either exempt under the rule or who do have E & O coverage do not have to discuss malpractice insurance or disclose anything about the subject in their engagement agreement.
Continue Reading...When is a lawyer also a doctor
There is an interesting ABA article and ethics opinion that discusses when a lawyer, with a J.D. (Juris Doctor) can call him/herself a Dr. under Rule 7.1. State jurisdictions differ. If a Ph.D. can be called doctor, why can't a lawyer. After all, wasn't that one of the reasons behind the movement for J.D.s?
This is an interesting, though not earth-shattering, topic.
This is an interesting, though not earth-shattering, topic.
Lawyers Need Work
Can lawyers find jobs in today’s market? The Wall Street Journal (page 1, Sept. 24, 2007) suggests that it’s not so easy today. That’s consistent with my earlier blog post that lawyers are “between a rock and a hard place.”
It is also consistent with my assertion that law is a business, or framed in the context of my registered trademark, The Business of Law® is governed by the principles of economics. Yes, law is a profession, but as Tower Snow, once managing partner of the former Brobeck, Phleger & Harrison law firm in San Francisco said, “Law is subject to the same laws of economics as any other business...” Continue Reading...
It is also consistent with my assertion that law is a business, or framed in the context of my registered trademark, The Business of Law® is governed by the principles of economics. Yes, law is a profession, but as Tower Snow, once managing partner of the former Brobeck, Phleger & Harrison law firm in San Francisco said, “Law is subject to the same laws of economics as any other business...” Continue Reading...
Starting a Practice -- Lessons to grow
Recently I was honored by my selection for induction into the Million-Dollar Consultant™ Hall of Fame. I prepared some remarks on the top ten lessons I've learned in starting my consulting career; but it struck me that these apply equally to a lawyer starting a new practice. Since nearly 90% of the 1.1 million U.S. lawyers are solos or in small firms, the odds are high that many lawyers will be in a practice startup situation at some point in their careers. These ideas from building both my own law practice and later my coaching practice may provide some pointers for your success.
Continue Reading...
Law IS a Business
In a recent blog post, I suggested that it was o.k. for lawyers to seek profit. One justification that I didn't suggest, however, becomes very clear when you look at state bars disciplinary reports: Clients' trust accounts are invaded by economically marginal lawyers (exclude out and out theft from this discussion, a rare event). Thus, when we encourage lawyers to be business-wise, we are actually seeking to protect the public.
Being effective with clients, efficient in the delivery of services to clients and therefore more profitable, we are actually protecting the public by providing sufficient resources to the lawyer to feed his/her family and therefore have no need to invade the trust account funds.
To say that law is a business, a service business, is not to deny that it is also a profession rooted in the highest ideals from the very beginning of our country. Continue Reading...
Being effective with clients, efficient in the delivery of services to clients and therefore more profitable, we are actually protecting the public by providing sufficient resources to the lawyer to feed his/her family and therefore have no need to invade the trust account funds.
To say that law is a business, a service business, is not to deny that it is also a profession rooted in the highest ideals from the very beginning of our country. Continue Reading...
Blogging for Aquarians!
Today's LA Times astrological forecast fir Aquarius says:
"As long as you're on a personal improvement kick, you may as well be recording it in some fashion. Blog it.... "
So, it seems we now have permission from the heavens to blog, to share and to collaborate. Let's blog!
"As long as you're on a personal improvement kick, you may as well be recording it in some fashion. Blog it.... "
So, it seems we now have permission from the heavens to blog, to share and to collaborate. Let's blog!
Profit is a legitimate goal for lawyers
It seems that the argument about the distinction between law as a business and law as a profession hasn't yet died. David Bilinsky shares a comment about a new book by David Slayton, entitled Lawyers Gone Bad: Money, Sex and Madness in Canada’s Legal Profession.
Continue Reading...
Continue Reading...
We're live!
We've gone live today! This is our first post with our new design.
For those who've been following my writing ... and seen our earlier design ... I'd welcome your thoughts and comments.
And for those who are coming to us for the first time, I'd welcome your thoughts on our new design as well.
For those who've been following my writing ... and seen our earlier design ... I'd welcome your thoughts and comments.
And for those who are coming to us for the first time, I'd welcome your thoughts on our new design as well.
Airstream rally
For those following our Airstream adventure, we've got a few pictures for you.
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Also included below is a shot of a couple of our grandchildren who spent a night with us at the rally.
We went to our second rally, a rally of other Airstreamers ... felt almost like a law firm retreat ... with as many different agendas as usually appear in such retreats! This retreat, however, focused on the social conviviality of the attendees ... it was more like getting to know your partners at the retreat than seeking to gain consensus on a serious challenge to the firm..
Continue Reading...
Also included below is a shot of a couple of our grandchildren who spent a night with us at the rally.
We went to our second rally, a rally of other Airstreamers ... felt almost like a law firm retreat ... with as many different agendas as usually appear in such retreats! This retreat, however, focused on the social conviviality of the attendees ... it was more like getting to know your partners at the retreat than seeking to gain consensus on a serious challenge to the firm..
Continue Reading...
Airstream - Metaphor for marketing a law practice
1. People do business with people they like.
2. Bonds are created among people with like interests.3. Loyalty develops from the bonds among people.
4. Geography, in today’s era of high technology, is no longer a delimiting factor in relationships or in business.
5. Client retention depends on loyalty, not just meeting expectations.
Continue Reading...July 4th - New York
Last Friday, I had the great pleasure of riding my bike, with a friend, up Bear Mountain, a legendary cycling route in this part of the country. I’m here to see my son’s new child, a strapping 8# boy, Mitchell Gibson Poll, my 11th grandchild!
The weather was great, neither too humid nor too hot. Riding with a better rider than I and one who knows the area well was a treat as I didn’t have to worry about what was beyond the next bend in the road or how to get back to our car at the end of the ride. We covered about 41 miles in 3:30 hours; the last descent was like icing on cake and the last ascent was like "just too much!" :-)
On the way up Bear Mountain, we heard cannon from across the Hudson River and saw billowing smoke over the hills. Later, I concluded that the cadets were practicing for July 4th celebrations.
Continue Reading...Forgive a personal note
On June 18th, only 8 days ago, Mitchell Gibson Poll entered the world, a strapping 8# baby boy! He joins the "cousins club" of 10 other grandchildren and I'm looking forward to meeting him.
I'm leaving on Thursday for New York, taking my bike with me, and will introduce myself to him. It's marvelous when new life begins ... and, because of him and his sister, I expect to become more familiar with Westchester County and New York City ...
I'll be out of the office for two weeks, but with this marvelous (depending on your point of view :-) ) thing called technology, I'll be in touch ... May even write a few more blog notes now that the book is out of my hands! :-)
Happy and safe July 4th to all.
Ed
I'm leaving on Thursday for New York, taking my bike with me, and will introduce myself to him. It's marvelous when new life begins ... and, because of him and his sister, I expect to become more familiar with Westchester County and New York City ...
I'll be out of the office for two weeks, but with this marvelous (depending on your point of view :-) ) thing called technology, I'll be in touch ... May even write a few more blog notes now that the book is out of my hands! :-)
Happy and safe July 4th to all.
Ed
I'm a grandfather -- again!
On this date, my daughter-in-law gave birth to a strapping 8 pound baby boy! Enough said -- naturally I'm very proud and happy that mother, son ... son are doing well.
New law firm lessons from the Airstream
Law firm management lessons learned from this trip:
1. Being a member of a team has challenges, but also many rewards.
2. Clients want to know that you have a team working for their benefit. The team can be no more than a secretary or paralegal or even "outsourced" components such as expert witnesses, et al., but a team nevertheless.
3. Building a team, as with any finely tuned mechanism, takes time. But, your perseverance will pay off handsomely in both economic terms as well as personal satisfaction.
4. The right team, both as to members and as to size, will always do better than a sole practitioner or "BigLaw." Evidence of this can be observed in almost any sport, from the "team" sports of basketball and football to the "solo" sports of golf, cycling and figure skating. Continue Reading...
1. Being a member of a team has challenges, but also many rewards.
2. Clients want to know that you have a team working for their benefit. The team can be no more than a secretary or paralegal or even "outsourced" components such as expert witnesses, et al., but a team nevertheless.
3. Building a team, as with any finely tuned mechanism, takes time. But, your perseverance will pay off handsomely in both economic terms as well as personal satisfaction.
4. The right team, both as to members and as to size, will always do better than a sole practitioner or "BigLaw." Evidence of this can be observed in almost any sport, from the "team" sports of basketball and football to the "solo" sports of golf, cycling and figure skating. Continue Reading...
Justice run amok
Floyd Landis won the Tour deFrance in 2006. After what was perhaps the most incredible single day performance, normal drug testing samples were taken - as they always are from the winners.
Several days later, negative results of the tests were leaked to the press ... and Floyd Landis has been living under a cloud of suspicion ever since.
Continue Reading...
Several days later, negative results of the tests were leaked to the press ... and Floyd Landis has been living under a cloud of suspicion ever since.
Continue Reading...
Law school education - Is balance the issue?
The Association of American Law Schools has approved the creation of a new Section, Balance in Legal Education, designed to improve legal education and create a better balance between law school education and law practice.
Continue Reading...
Continue Reading...
Solo lawyers aren't alone ...
In the “Musings of a Dinosaur,” the doctor discusses his hospital re-credentialing application and the dilemma of a sole practitioner.
He says, among other things, “‘Solo’ means ‘alone.’ No other medical professional in the office. No one. How can anyone fill out a form like that (asking for another doctor’s confirmation of competence, a sort of peer review) meaningfully? Oh, I can probably find a buddy somewhere to sign it and send it in, but this whole episode has got me thinking about several things.
“I know I am competent; that I keep up to date; that my charts are wonderful, my patients love me, and my outcomes at least average. At least I think I know this. I believe it, at any rate. But realistically, with no one else in the office (short of an actual observer coming into the office, watching me interact with patients and auditing my charts), how can I prove this?”
How can a professional prove competence? And why is it that professional organizations appear to focus on eliminating the sole practitioner or at least making it economically far more difficult to practice in the solo setting?
Are lawyers in a different boat? See Carolyn Elefant’s recent discussions concerning the plight of the sole practitioner (lawyers) and my discussion concerning The State Bar of California’s new malpractice insurance effort that will impact sole legal practitioners more than “BigLaw” practitioners.
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He says, among other things, “‘Solo’ means ‘alone.’ No other medical professional in the office. No one. How can anyone fill out a form like that (asking for another doctor’s confirmation of competence, a sort of peer review) meaningfully? Oh, I can probably find a buddy somewhere to sign it and send it in, but this whole episode has got me thinking about several things.
“I know I am competent; that I keep up to date; that my charts are wonderful, my patients love me, and my outcomes at least average. At least I think I know this. I believe it, at any rate. But realistically, with no one else in the office (short of an actual observer coming into the office, watching me interact with patients and auditing my charts), how can I prove this?”
How can a professional prove competence? And why is it that professional organizations appear to focus on eliminating the sole practitioner or at least making it economically far more difficult to practice in the solo setting?
Are lawyers in a different boat? See Carolyn Elefant’s recent discussions concerning the plight of the sole practitioner (lawyers) and my discussion concerning The State Bar of California’s new malpractice insurance effort that will impact sole legal practitioners more than “BigLaw” practitioners.
Continue Reading...
Is he really a lawyer?
To qualify as a lawyer in most States, one needs to graduate from law school and then pass the bar exam. (There are some exceptions.) Nothing unusual about this.
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InnovAction Award deadline fast approaching
Law firms and law department can earn recognition for their innovations.
Deal or No Deal
Paraphrasing the popular NBC television show, defense counsel are increasingly coming to believe that the California State Bar (and its prosecutorial trial counsel) is less willing to bargain plea settlements with lawyers today than in the recent past, according to Amy Yarborough, Los Angeles Daily Journal Staff Writer (May 9, 2007).
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Poll inducted into Hall of Fame
Ed Poll graduates from the Million Dollar Consulting College™ Graduate School and has been inducted into the Million Dollar Consultant™ Hall of Fame.
We are proud to announce that Ed Poll is one of only 14 consultants in the world to have completed the inaugural Million Dollar Consulting™ Graduate School held in Naples, Florida in April 2007. “These people represent the finest talent in the profession,” noted Alan Weiss, Ph.D. who conducts the Colleges three times a year. “They are the best of the best in terms of methodology, integrity, client satisfaction, and contributions to the profession. And they are highly innovative, as attested by their enrolling the first graduate school of its kind.”
Five outstanding consultants from diverse disciplines have been inducted into the Million Dollar Consultant™ Hall of Fame.
We are proud to announce that Ed Poll is one of only 14 consultants in the world to have completed the inaugural Million Dollar Consulting™ Graduate School held in Naples, Florida in April 2007. “These people represent the finest talent in the profession,” noted Alan Weiss, Ph.D. who conducts the Colleges three times a year. “They are the best of the best in terms of methodology, integrity, client satisfaction, and contributions to the profession. And they are highly innovative, as attested by their enrolling the first graduate school of its kind.”
Five outstanding consultants from diverse disciplines have been inducted into the Million Dollar Consultant™ Hall of Fame.
Disaster Preparedness & Recovery Planning for Law Firms
LawBiz Management's new Special Report, Disaster Preparedness & Recovery Planning for Law Firms is en route to the printer.
Michael Hirsch, former FEMA Deputy General Counsel, said: "I highly recommend it for attorneys and law firms as a basic document on how to be prepared to respond to and recover from disasters."
Tom Edwards, Executive Director of Munger, Tolles & Olson, said: "... Ed deserves much of the credit for the plan you'll read about. Ed is the primary architect for my colleagues' and my firm's disaster recovery plans ... For that, we are deeply indebted."
Pre-publication discount of 20% is available to all who contact our office, (800) 837-5880 or edpoll@lawbiz.com, to place a "hold" on the new book. This special offer will remain in effect until May 31, 2007.
Michael Hirsch, former FEMA Deputy General Counsel, said: "I highly recommend it for attorneys and law firms as a basic document on how to be prepared to respond to and recover from disasters."
Tom Edwards, Executive Director of Munger, Tolles & Olson, said: "... Ed deserves much of the credit for the plan you'll read about. Ed is the primary architect for my colleagues' and my firm's disaster recovery plans ... For that, we are deeply indebted."
Pre-publication discount of 20% is available to all who contact our office, (800) 837-5880 or edpoll@lawbiz.com, to place a "hold" on the new book. This special offer will remain in effect until May 31, 2007.
Law firm compensation yet again
In today's Los Angeles Times, front page, there is an article ostensibly about the House of Representatives enactment to require public companies to put executive pay packages before shareholders for an advisory vote. The enactment faces an uncertain future in the Senate and a certain veto by President Bush.
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Civil liberties further threatened or Bush paranoia?
A Princeton prof of noted repute in constitutional law was labeled a terrorist when attempting to board a plane. He was delayed and ultimately his luggage was "lost." Is this paranoia or a true incident.
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Bloggers are journalists - Or are they?
Yesterday, Josh Wolf, a blogger, was released from prison in Northern California. He spent 226 days (7 1/2 months) in prison for refusing to testify or turn over videotape he had taken of a San Francisco street demonstration where a police officer was injured.
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Law management lessons learned - Airstream Maiden Voyage
Law management lessons learned:
• Disruptions can be a major disruption or a minor event, depending on whether someone needs to be “right”
• Resentment about being right without recognition from others does not produce productive results
• Success results when all parties are flexible enough to work toward a successful resolution and then move on
Life lessons to be learned:
• Communication is essential but can create uncertainty if not done right
• Active listening ... and clarification always help ensure that all parties mean
the same thing
• Never argue with your spouse - She's always right, even when not Continue Reading...
• Disruptions can be a major disruption or a minor event, depending on whether someone needs to be “right”
• Resentment about being right without recognition from others does not produce productive results
• Success results when all parties are flexible enough to work toward a successful resolution and then move on
Life lessons to be learned:
• Communication is essential but can create uncertainty if not done right
• Active listening ... and clarification always help ensure that all parties mean
the same thing
• Never argue with your spouse - She's always right, even when not Continue Reading...
Lawyer jokes are not all bad
Is this true or not? If not, it's a great story.
Airstream saga - Our first real test
Lessons from our first real test that apply to the management of a law practice:
Challenges
• Hitching the trailer to the truck, or getting the right team together, working on the same agenda
• Getting the truck and trailer to work seamlessly as one unit, or making sure that separate agendas don’t pull the firm apart
• Organizing the inside of the trailer, or creating the firm culture of harmony and esprit de corps that encourages your lawyers and staff to work together, even in hard times
Opportunities
• Moving outside of one’s normal urban comfort zone, or seeking and obtaining new clients
• Exploring new geographic areas, or increasing your practice by enlarging your practice areas of emphasis
• Obtaining new knowledge as we begin our travels, or developing a system of knowledge management that will create greater efficiencies for the practice
Conclusions
• When you add a trailer to the back of your truck, you travel more slowly, use more fuel, but have more support and resources for longer travels. As you grow your firm and add lawyers and staff, you will experience some difficulties (travel more slowly). This will require greater communication (more fuel) to keep your firm working smoothly. But, you will also experience greater revenues and profits (with your increased support and resources).
• When backing up (plan ahead), you are able to make small corrective actions rather than be forced into major efforts.
• When you are authentic and walk your talk, others will respond and your business will grow. Being a coach to and for lawyers, our instructor’s behavior resonated with me. I can see why he is successful and is far busier than he wants to be in his retirement.
Continue Reading...
Challenges
• Hitching the trailer to the truck, or getting the right team together, working on the same agenda
• Getting the truck and trailer to work seamlessly as one unit, or making sure that separate agendas don’t pull the firm apart
• Organizing the inside of the trailer, or creating the firm culture of harmony and esprit de corps that encourages your lawyers and staff to work together, even in hard times
Opportunities
• Moving outside of one’s normal urban comfort zone, or seeking and obtaining new clients
• Exploring new geographic areas, or increasing your practice by enlarging your practice areas of emphasis
• Obtaining new knowledge as we begin our travels, or developing a system of knowledge management that will create greater efficiencies for the practice
Conclusions
• When you add a trailer to the back of your truck, you travel more slowly, use more fuel, but have more support and resources for longer travels. As you grow your firm and add lawyers and staff, you will experience some difficulties (travel more slowly). This will require greater communication (more fuel) to keep your firm working smoothly. But, you will also experience greater revenues and profits (with your increased support and resources).
• When backing up (plan ahead), you are able to make small corrective actions rather than be forced into major efforts.
• When you are authentic and walk your talk, others will respond and your business will grow. Being a coach to and for lawyers, our instructor’s behavior resonated with me. I can see why he is successful and is far busier than he wants to be in his retirement.
Continue Reading...
Books as eyes to your soul
Justin Patten talks about those books of 2006 that he considers to be the best. And yesterday, I listened to Charles Jones, a well-known speaker, say that asking someone to list the 10 books that made the most impact on their lives will tell you more about them than anything else can.
While I've heard others say something like this, I never sat down to make such a list. Yesterday, I did.
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While I've heard others say something like this, I never sat down to make such a list. Yesterday, I did.
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Airstream teaches another lesson in law firm economics
Years ago, when I was a new associate in a small law firm, I suggested that the firm spend money for something, the exact nature of which I don’t recall at this time. I do remember, however, that the managing partner was not the least bit concerned. His exact response was that I could not spend enough money to worry him; he was more focused on bringing new business to the firm and if my expenditure had a chance of doing that, then he was o.k. with spending the money. There didn’t have to be a guarantee of success given by me. One new client would more than outweigh any amount I could spend, he said.
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Cost of Fear is Huge
FDR said "...the only thing we have to fear is fear itself." And now we have a price tag on our fear.
Business Week reports on a survey by Duke University's Fuqua School of Business and CFO magazine. The survey states that our response to terrorism by S & P companies alone costs more than $100 billion per year! This number includes cost of insurance, redundant capacity as well as lost revenue from patrons decreased activity.
Law firms also pay a heavy price. Ignore the technology cost of increased capacities and redundancies. Some of these costs are legitimate defenses against natural disasters which face us daily. But, other precautions result from "terror" against lawyers from disgruntled clients in what is becoming an increasingly hostile world.
What a price to pay when you have to have security in your office such that everyone must first show identification, and be cleared by the law firm, before you get on the elevator to go to the law office, when buildings search the trunk of your car before you park, and when you have to empty your pockets and open your brief case before entering the courthouse! The terrorists have won, when so few have caused so many to change their course of activity.
Yet, in terms of deaths, other causes produce so much more disaster and we seemingly are oblivious to them. There is something wrong with this picture.
Business Week reports on a survey by Duke University's Fuqua School of Business and CFO magazine. The survey states that our response to terrorism by S & P companies alone costs more than $100 billion per year! This number includes cost of insurance, redundant capacity as well as lost revenue from patrons decreased activity.
Law firms also pay a heavy price. Ignore the technology cost of increased capacities and redundancies. Some of these costs are legitimate defenses against natural disasters which face us daily. But, other precautions result from "terror" against lawyers from disgruntled clients in what is becoming an increasingly hostile world.
What a price to pay when you have to have security in your office such that everyone must first show identification, and be cleared by the law firm, before you get on the elevator to go to the law office, when buildings search the trunk of your car before you park, and when you have to empty your pockets and open your brief case before entering the courthouse! The terrorists have won, when so few have caused so many to change their course of activity.
Yet, in terms of deaths, other causes produce so much more disaster and we seemingly are oblivious to them. There is something wrong with this picture.
Travel tips
Top 5 travel trends for 2006, according to one source:
1. Printing boarding passes before leaving home. Most airlines now allow 24 hours advance check-in via the internet. Helps adance to security check-in more quickly when you have only carry-on baggage.
2. Using luggage shipment services. I first heard about UPS doing this. Now, there are some 17 such services that will take luggage from house or office directly to your hotel room. Sure makes travel easier, though more costly.
3. Focusing on one hotel group. With hotel chains growing by merger, this becomes easier to do ... and the loyalty points that one accumulates results in increased perks, freebies and customization.
4. Showering at the airport is a nuance I have yet to see. But, I'm told that elite airport lounges do provide this. For a weary traveler, this might be just the difference needed.
5. For the international traveler who flies business or first class, and can't sleep sitting up, check the international carriers who are providing lie-flat beds with blankets or quilts.
On the one hand, it's becoming more difficult, stressful and expensive to travel. On the other hand, there are new and pleasantly creative features that are cropping up for the business traveler.
1. Printing boarding passes before leaving home. Most airlines now allow 24 hours advance check-in via the internet. Helps adance to security check-in more quickly when you have only carry-on baggage.
2. Using luggage shipment services. I first heard about UPS doing this. Now, there are some 17 such services that will take luggage from house or office directly to your hotel room. Sure makes travel easier, though more costly.
3. Focusing on one hotel group. With hotel chains growing by merger, this becomes easier to do ... and the loyalty points that one accumulates results in increased perks, freebies and customization.
4. Showering at the airport is a nuance I have yet to see. But, I'm told that elite airport lounges do provide this. For a weary traveler, this might be just the difference needed.
5. For the international traveler who flies business or first class, and can't sleep sitting up, check the international carriers who are providing lie-flat beds with blankets or quilts.
On the one hand, it's becoming more difficult, stressful and expensive to travel. On the other hand, there are new and pleasantly creative features that are cropping up for the business traveler.
Airstream Saga - Good News
Lessons learned for law firms:
• People change only when there is a reason they see in their self-interest
• You must find what is in their self-interest
• Candid discussion is required to learn the agenda of each participant
• Agreement can be achieved, sometimes with the result that everyone gets what they want
• Discussion is an on-going requirement for successful team efforts
• There needs to be one leader at a time, a managing partner, who needs to achieve consensus for a following. While managing partners have great leeway, they need to remain connected with their colleagues to remain the leader. (In this political season, there are many analogies.) Continue Reading...
• People change only when there is a reason they see in their self-interest
• You must find what is in their self-interest
• Candid discussion is required to learn the agenda of each participant
• Agreement can be achieved, sometimes with the result that everyone gets what they want
• Discussion is an on-going requirement for successful team efforts
• There needs to be one leader at a time, a managing partner, who needs to achieve consensus for a following. While managing partners have great leeway, they need to remain connected with their colleagues to remain the leader. (In this political season, there are many analogies.) Continue Reading...
Millenials will make a difference
According to Business Week, the Millenial Generation (13 - 25 year old folks) are civic-minded and socially responsible. 61% said they feel personally responsible for making a difference in the world and 75% said companies should join them in this effort.
What difference will these facts make in and to your law firm? Quite dramatic, I would think.
What difference will these facts make in and to your law firm? Quite dramatic, I would think.
Airstream Saga -- Challenges before we hit the road
Implode. Dissolve. Terminate. Liquidate. Failure. All, strong words. They can describe what happens to a law firm or a vacation dream if effective communication is missing.
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Airplane air is "dirty"
USA Today reports today that Boeing's Dreamline 787 will have better cabin air when released in 2008. Until then, we have to suffer air that makes passengers dizzy, fatigued and induces headaches.
Did you know that today's cabin air comes from the plane's jet engines? The new 787 system will draw air from the outside. The outside air is cold, dry and clean at cruising altitude, according to the article. But, we can't have that until 2008!
25% of the current U.S. commercial fleet does not have special air filters that remove most dust, pollen, bacteria and viruses. While we get little protection in the other 75% of the fleet, we get no protection from this 25%. So, if you get sick after leaving your flight, you may not have to look further than the airplane that transported you to your destination.
Did you know that today's cabin air comes from the plane's jet engines? The new 787 system will draw air from the outside. The outside air is cold, dry and clean at cruising altitude, according to the article. But, we can't have that until 2008!
25% of the current U.S. commercial fleet does not have special air filters that remove most dust, pollen, bacteria and viruses. While we get little protection in the other 75% of the fleet, we get no protection from this 25%. So, if you get sick after leaving your flight, you may not have to look further than the airplane that transported you to your destination.
Airstream Saga continued - Test run
If I didn't see it before, I'm beginning to understand the universality of life. Lessons I've learned in business also apply in my personal life, and vice versa. Thus, as my wife and I begin to travel the road in our Airstream trailer, I'm seeing how the lessons I'm learning also apply to the effective running of a law office.
Rather than compel you to read this saga in order to learn the lessons I’m seeing as we begin our new adventures, I’ve decided to list the lessons first. Then, if you want to enjoy the saga, read on.
OK, so what are the lessons to be learned for the law practice. After all, why else would you be interested? Continue Reading...
Rather than compel you to read this saga in order to learn the lessons I’m seeing as we begin our new adventures, I’ve decided to list the lessons first. Then, if you want to enjoy the saga, read on.
OK, so what are the lessons to be learned for the law practice. After all, why else would you be interested? Continue Reading...
Airstream Demonstrates Need for Strategic Plan
We now have the Airstream, a vintage 1969 Overlander.
My wife’s due diligence enabled us to buy a very good unit at a fair price, a price far less than a new unit would cost. She now has found an RV Show on the DIY (“do it yourself”) Network. And they have devoted a number of shows to restoring/refurbishing a 1970 Overlander. Can’t get any closer to our unit than that. The host of the show is doing an incredibly great job – I recommend watching it just for the joy of seeing a creative person demonstrate how one can implement a vision of beauty that others can’t even imagine.
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My wife’s due diligence enabled us to buy a very good unit at a fair price, a price far less than a new unit would cost. She now has found an RV Show on the DIY (“do it yourself”) Network. And they have devoted a number of shows to restoring/refurbishing a 1970 Overlander. Can’t get any closer to our unit than that. The host of the show is doing an incredibly great job – I recommend watching it just for the joy of seeing a creative person demonstrate how one can implement a vision of beauty that others can’t even imagine.
Continue Reading...
The Long Tail
A new term for me, "the long tail," a book by the same title.
What is the principle of The Long Tail? The summary provided on their website suggests the following:
"The Long Tail equation is simple: 1) The lower the cost of distribution, the more you can economically offer without having to predict demand. 2) The more you can offer, the greater the chance that you will be able to tap latent demand for minority tastes that was unreachable through traditional retail. 3) aggregate enough minority taste, and you'll often find get a big new market."
Excuse me, but isn't this the primary principle of capitalism? Lower the price of any goods or services and you'll increase the volume. With increased volume, you'll attract new customers... Although this isn't necessarily so in all cases.
But the book lends for interesting discussion nevertheless.
What is the principle of The Long Tail? The summary provided on their website suggests the following:
"The Long Tail equation is simple: 1) The lower the cost of distribution, the more you can economically offer without having to predict demand. 2) The more you can offer, the greater the chance that you will be able to tap latent demand for minority tastes that was unreachable through traditional retail. 3) aggregate enough minority taste, and you'll often find get a big new market."
Excuse me, but isn't this the primary principle of capitalism? Lower the price of any goods or services and you'll increase the volume. With increased volume, you'll attract new customers... Although this isn't necessarily so in all cases.
But the book lends for interesting discussion nevertheless.
Airstream - An Adventure!
Traveling the country has always been an exciting adventure. Most folks do so either by car or plane and stay in hotels/motels, see the sites and move on.
At this time in our life, my wife has decided we need to see the USA, not in a Chevrolet as I did earlier in life, but in an Airstream vintage trailer. After my wife’s “due diligence,” (I knew there would be an analogy to law practice! :-)), we bought a 1969 Airstream. And now comes the fun part: Doing all the things we need to do in order to start our new journey, part by part.
Continue Reading...
At this time in our life, my wife has decided we need to see the USA, not in a Chevrolet as I did earlier in life, but in an Airstream vintage trailer. After my wife’s “due diligence,” (I knew there would be an analogy to law practice! :-)), we bought a 1969 Airstream. And now comes the fun part: Doing all the things we need to do in order to start our new journey, part by part.
Continue Reading...
MAC attack
Monica Bay writes about two articles, one positive and one negative, that appeared in Law Technology News, the publication she edits for ALM. She describes the hateful responses from MAC users to Larry Bodine's column concerning his bad experiences with a new MAC.
In our society, which has become more polarized and more hateful than at any time in my memory, lawyers must be the bastion of civility and reasoned opinion. If we go off the deep edge, there will be no hope for a sustained civilization of any real quality.
In our society, which has become more polarized and more hateful than at any time in my memory, lawyers must be the bastion of civility and reasoned opinion. If we go off the deep edge, there will be no hope for a sustained civilization of any real quality.
Congratulations to a sole practitioner
Carolyn Elefant was interviewed. If you are interested in learning how a well-known sole practitioner views the world, read her interview. And, better yet, read her blog.
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Absence of malpractice insurance must be disclosed under new rule
A Standing Committee of The State Bar of California has proposed new rules: Rule of Professional Conduct and Rule of Court. The public comment period expires September 15th .... My opposition to this proposal follows below.
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Outsourcing is taking over
In today's Los Angeles Times, on the front page, is the headline that our top spy agency is outsourcing! More than half of our spys, in a government department opened only 2 years ago, created to prevent another 9-11 tragedy, are not government employees! They're employed by the private sector!
Hmmm, must be an interesting idea whose time has come. <g>
Hmmm, must be an interesting idea whose time has come. <g>
Hoping for overnight success!
Chris Carmichael, coach and confidant to Lance Armstrong for many years (and all of his 7 wins in the Tour de France), was talking about overnight successes in the sports field. Some of his athletes ask him how they can reach success quickly, "overnight." His words apply to all endeavors, even the practice of law.
His response: "... So when people press me for shortcuts to success, I tell them that there really aren’t any. If you talk to the guy getting all the glory for his “overnight success,” I’m 99% sure that he doesn’t see it that way. He just sees all the work that went into finally getting it right."
His response: "... So when people press me for shortcuts to success, I tell them that there really aren’t any. If you talk to the guy getting all the glory for his “overnight success,” I’m 99% sure that he doesn’t see it that way. He just sees all the work that went into finally getting it right."
LAWBIZ® EXPERT INDUCTED INTO LEGAL MANAGEMENT ORGANIZATION
FOR IMMEDIATE RELEASE
CONTACT: Katy Conlon
The Ictus Initiative
(617) 717-8294
Katy@ictusinitiative.com
Ed Poll Named as Fellow of The College of Law Practice Management
SAN FRANCISCO, Calif. September 12, 2006 – California-based law practice mangement expert, Edward Poll, was inducted as a Fellow of The College of Law Practice Management Saturday night during a special dinner and induction ceremony. The event was part of the organization’s 12th Annual Meeting held at the Palace Hotel in San Francisco, Calif.
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CONTACT: Katy Conlon
The Ictus Initiative
(617) 717-8294
Katy@ictusinitiative.com
Ed Poll Named as Fellow of The College of Law Practice Management
SAN FRANCISCO, Calif. September 12, 2006 – California-based law practice mangement expert, Edward Poll, was inducted as a Fellow of The College of Law Practice Management Saturday night during a special dinner and induction ceremony. The event was part of the organization’s 12th Annual Meeting held at the Palace Hotel in San Francisco, Calif.
Continue Reading...
Is it Christmas already?
We just passed Labor Day. The politicians are badgering our ear drums and eyeballs with their messages, and now some are actually seeking to grab our attention for Christmas!
In an increasingly "niched" world, it's getting easier for people to find information and products that are relevant to their particular interests on the web. Where else can lawyers find Christmas cards, paralegals find Mother’s Day cards, and judges and court reporters find cards that speak directly to them?
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LawBiz® & Los Angeles County Bar Association Join Forces
The Los Angeles County Bar Association Announces LawBiz® Management Co.
Named as a Member Benefit Provider
For Immediate Release
Los Angeles, August 28, 2006:
In a joint announcement today, LawBiz® Management Co. and Los Angeles County Bar Association announced a new relationship by which members of the Association will have access to the management skills and practice guides made available by LawBiz® and noted law practice management expert, Ed Poll.
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Named as a Member Benefit Provider
For Immediate Release
Los Angeles, August 28, 2006:
In a joint announcement today, LawBiz® Management Co. and Los Angeles County Bar Association announced a new relationship by which members of the Association will have access to the management skills and practice guides made available by LawBiz® and noted law practice management expert, Ed Poll.
Continue Reading...
More Secrets of The Business of Law®
TechnoLawyer reviews our latest books.
Opposition to Proposed Rules of Mandatory Insurance Disclosure
The following is my statement of opposition to The State Bar of California's proposed rule requiring attorneys to disclose when they do NOT have professional liability (malpractice) insurance.
Should you have any comments or new ideas, please e-mail. Continue Reading...
Should you have any comments or new ideas, please e-mail. Continue Reading...
Look for invisible opportunities - These will set you apart from the crowd
I recently attended the National Speakers Association’s annual conference in Orlando, FL, representing the Los Angeles chapter as its current president.
One of my colleagues, Sandra Shrift, described her “take-aways” from the conference. I echo her thoughts:
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One of my colleagues, Sandra Shrift, described her “take-aways” from the conference. I echo her thoughts:
Continue Reading...
Expert Yearbook recognizes Ed Poll
Expert Click, the on-line Yearbook of Experts, posted my bio, along with showing several of my books, onto their site.
I'd welcome your feedback.
I'd welcome your feedback.
New Executive Director
American Bar Association names new executive director. A new era for the largest volunteer association in the world is about to begin and its new leader certainly seems to be well qualified.
Hurry - Take advantage of this offer!
Today is the last day to take advantage of the pre-publication offer, to purchase our just-released book, More Secrets of the Business of Law: Ways to Be More Effective, Efficient and Profitable.
If you follow the advice set forth on these pages, you are guaranteed to have happier clients! ... and make more money!
If you follow the advice set forth on these pages, you are guaranteed to have happier clients! ... and make more money!
LawBiz Tips published
The July issue of LawBiz Tips has just been published and can now be seen at www.lawbiz.com.
Factoids of interest
A law firm was held to be a public figure. A law firm sued a legislator for defamation when the legislator said the law firm received exhorbitant, unauthorized amounts of money for work they didn't perform and that the firm also exceed political contribution limits to a particular legislator. The politcally connected law firm was held by the state court to be a public figure which required that the law firm must meet an actual malice standard, thus making plaintiff's case harder to prove. Read more about this in the current edition of ALM's Small Firm Business.
In today's USA Today, their survey shows that patient (you can read this as client) satisfaction is of greater concern in 2006 (51%) than in 2005 (44%). I suspect that the same trend is true for the legal profession (even if the numbers are different).
In "Talking Tech," the Wall Street Journal reports on a Microsoft study. The study suggests that productivity improves by 9% when workers have 3 monitors on their desk and can have various pieces of information they need immediately available on the screen as they work, without having to minimize the current screen and looking for additional information. An interesting conclusion. Of course, while productivity may increase, what about the cost of increased real estate? That is, to have 3 monitors on the same desk at one time, each worker will likely need a larger desk which means a larger office. Will this increased cost offset the savings of more technology?
In today's USA Today, their survey shows that patient (you can read this as client) satisfaction is of greater concern in 2006 (51%) than in 2005 (44%). I suspect that the same trend is true for the legal profession (even if the numbers are different).
In "Talking Tech," the Wall Street Journal reports on a Microsoft study. The study suggests that productivity improves by 9% when workers have 3 monitors on their desk and can have various pieces of information they need immediately available on the screen as they work, without having to minimize the current screen and looking for additional information. An interesting conclusion. Of course, while productivity may increase, what about the cost of increased real estate? That is, to have 3 monitors on the same desk at one time, each worker will likely need a larger desk which means a larger office. Will this increased cost offset the savings of more technology?
Poll quoted again
Mike McKee of The Recorder wrote an interesting piece on the issue of insurance disclosure.
While I continue to oppose the adoption by California of this new provision, it is becoming clearer to me that there are competing interests at work. First, is the perception that the Bar is a licensing agency and protector of the public. That's it. Second, there are the few, perhaps naive, lawyers who believe that the State Bar also owes a duty to its members.
Bars across the country in recent decades have leaned toward the first, to the almost total exclusion of the second. I had hopes that California had finally turned the corner and was placing its duty to the lawyer population at the top of its priority list, understanding that the public protector role had already been appropriately addressed (and will always be important, but not uppermost for the moment). Continue Reading...
While I continue to oppose the adoption by California of this new provision, it is becoming clearer to me that there are competing interests at work. First, is the perception that the Bar is a licensing agency and protector of the public. That's it. Second, there are the few, perhaps naive, lawyers who believe that the State Bar also owes a duty to its members.
Bars across the country in recent decades have leaned toward the first, to the almost total exclusion of the second. I had hopes that California had finally turned the corner and was placing its duty to the lawyer population at the top of its priority list, understanding that the public protector role had already been appropriately addressed (and will always be important, but not uppermost for the moment). Continue Reading...
New Jersey goes far afield to protect the public!
New Jersey lawyers are taxed in order to fund a doctors' malpractice insurance fund. Wow! Talk about protecting the public! So why are we arguing about disclosure provisions and a false facade or merely apparent protection of the public in California?
Why aren't we suggesting true protection of the public by putting some muscle behind the effort ... money! Why don't we create a State Bar insurance fund as they did in Oregon and provide real backing to the idea of public protection from miscreant lawyers? Continue Reading...
Why aren't we suggesting true protection of the public by putting some muscle behind the effort ... money! Why don't we create a State Bar insurance fund as they did in Oregon and provide real backing to the idea of public protection from miscreant lawyers? Continue Reading...
Quoted in the Daily Journal
Proponents say the insurance disclosure rules would help to protect the public from shoddy legal representation and ease the burden on members who pay $40 annually into a fund that covers uninsured attorneys. That fund pays out $6 million annually and its reserves are dwindling, according to former bar president John Van de Kamp.
Attorneys have 90 days to comment after the proposed rules are posted in the bar's Web site. But some quickly expressed opposition.
Ed Poll, who runs LawBiz Management Co., and is a vice chair of the bar's Council of Section Chairs, said any such requirement would be prohibitively expensive to sole practitioners and lawyers in small firms.
Moreover, he said, the proposal "does not protect the public."
"If the bar really wanted to protect the public, they would not stop at disclosure, they would mandate insurance," said Poll, whose Web site, www.lawbiz.com, displays comments from lawyers who are against the idea. "But if they did that, the know they would have a riot on their hands."
Written by Savannah Blackwell and Erin Park, Daily Journal Staff Writers ... www.dailyjournal.com ... June 20, 2006
Attorneys have 90 days to comment after the proposed rules are posted in the bar's Web site. But some quickly expressed opposition.
Ed Poll, who runs LawBiz Management Co., and is a vice chair of the bar's Council of Section Chairs, said any such requirement would be prohibitively expensive to sole practitioners and lawyers in small firms.
Moreover, he said, the proposal "does not protect the public."
"If the bar really wanted to protect the public, they would not stop at disclosure, they would mandate insurance," said Poll, whose Web site, www.lawbiz.com, displays comments from lawyers who are against the idea. "But if they did that, the know they would have a riot on their hands."
Written by Savannah Blackwell and Erin Park, Daily Journal Staff Writers ... www.dailyjournal.com ... June 20, 2006
If the Bar really cared about protecting the public ...
If the Bar really cared about the public, we would see a move toward mandatory malpractice insurance. AND we would see a mechanism for such affordable malpractice insurance being available to lawyers from the Bar. See the following description of the current Oregon Bar Association program.
Continue Reading...
Disclosure is a win for the insurance companies
From another sole practitioner:
"It is my opinion that this whole issue is another win for the insurance companies.
Disclosure should include claims made
If the bar is going to post the fact of insurance or no insurance, they should also require every attorney to report every malpractice claim and post that as well. I think as a potential client, I would more interested in the number and types of claims filed against my prospective lawyer.
Jan Butler
(Response: I agree with you, Jan. The fact of claims is far more important to the public than the existence of insurance. I think you hit the nail on the head! That disclosure would be a far greater benefit to the public than the existence of insurance. And, settlement agreements should not be allowed to provide for silence, non-disclosure, provisions. The fact of the claim, itself, should be sufficient to require disclosure.)
Jan Butler
(Response: I agree with you, Jan. The fact of claims is far more important to the public than the existence of insurance. I think you hit the nail on the head! That disclosure would be a far greater benefit to the public than the existence of insurance. And, settlement agreements should not be allowed to provide for silence, non-disclosure, provisions. The fact of the claim, itself, should be sufficient to require disclosure.)
Disclosure - A further question
In all the other cases, there isn’t even a client (or public) security fund as in the legal profession …
Another response to Malpractice Insurance issue
I have a practice with a heavy emphasis on securities, and when I started out on my own 1 1/2 years ago, I was able to get $500,000 coverage (no more) for about $15,000 (I haven't rechecked lately). I didn't think that was worth it. $500,000 isn't going to do much for the client (or me) when there is a $20 million claim for a private placement gone bad, and the coverage isn't going to make me be more careful -- I have plenty of other reasons to be careful.
Continue Reading...
Further response to State Bar proposal
Thank you, Carolyn.
In MyShingle.com, Carolyn Elefant said, among other things: "… Ed is the first LPM expert I've read who apparently, isn't looking to profit off the rules by accepting them and then charging solos to help them comply. Rather, he's using his expertise to help our profession achieve the right results.
There are many gurus who "talk the talk" of solo practice. But Ed Poll is out here in the trenches, walking the walk along with us."
In MyShingle.com, Carolyn Elefant said, among other things: "… Ed is the first LPM expert I've read who apparently, isn't looking to profit off the rules by accepting them and then charging solos to help them comply. Rather, he's using his expertise to help our profession achieve the right results.
There are many gurus who "talk the talk" of solo practice. But Ed Poll is out here in the trenches, walking the walk along with us."
Responses to Bar's proposal
Hear are several comments in response to the clarion call.
Let me know what you think. I'll convey your perspective to the State Bar ....
Continue Reading...
Let me know what you think. I'll convey your perspective to the State Bar ....
Continue Reading...
"No taxation without representation!" State Bar has forgotten this founding principle.
On Saturday, June 17th, The State Bar of California moved one step closer toward approving a new Rule of Professional Conduct requiring all California lawyers disclose whether they have malpractice insurance coverage. The Board approved a resolution to send out for public comment a new Rule that requires disclosure to each client AND to the State Bar for placement on the Bar’s web site whether the lawyer has malpractice insurance.
The following memorandum was prepared in opposition to the Board’s position for two reasons:
First, The Board adopted not more than three months ago that the State Bar has two purposes:
1.) To serve and advance the interests of its members, and 2.) To protect the public.
This resolution contradicts the basic tenet of that spirit in that members' interests are ignored. In fact, more than 60% of the Bar's members' economic interests are ignored.
Second, the current resolution also does not serve the real interests of public against unscrupulous attorneys (the few that may be out there); in fact, it does NOT protect the public.
Thus, the following is a statement of my initial thoughts on the resolution approved by the Board of Governors for public comment of the proposed Rule to require disclosure of whether a lawyer has malpractice insurance. Continue Reading...
The following memorandum was prepared in opposition to the Board’s position for two reasons:
First, The Board adopted not more than three months ago that the State Bar has two purposes:
1.) To serve and advance the interests of its members, and 2.) To protect the public.
This resolution contradicts the basic tenet of that spirit in that members' interests are ignored. In fact, more than 60% of the Bar's members' economic interests are ignored.
Second, the current resolution also does not serve the real interests of public against unscrupulous attorneys (the few that may be out there); in fact, it does NOT protect the public.
Thus, the following is a statement of my initial thoughts on the resolution approved by the Board of Governors for public comment of the proposed Rule to require disclosure of whether a lawyer has malpractice insurance. Continue Reading...
ALA's Legal Management
Rules of Engagement, How Senior Law Firm Administrators Can Protect Their Jobs, appears at page 72 in the current edition of Legal Management, the publication of the Association of Legal Administrators.
ALA has just asked me to write a regular column for them and our first regular effort will appear in their September issue. Stay tuned!
Please send me (edpoll@lawbiz.com) your thoughts about what topics you would like to see discussed in my columns.
ALA has just asked me to write a regular column for them and our first regular effort will appear in their September issue. Stay tuned!
Please send me (edpoll@lawbiz.com) your thoughts about what topics you would like to see discussed in my columns.
Litigation advice! Also good elsewhere ....
A piece of advice taught in law school and often ignored by trial counsel: Never ask a question of a witness when you don't know the answer that will be forthcoming from the witness!
Continue Reading...Legal Profession Values
Rules of professional conduct require that lawyers i) have independence of judgment, ii) protect the confidentiality of client information, and iii) be loyal to clients through the avoidance of conflicts of interest. In addition, lawyers must be iv) competent. These requirements have nothing to do with clients. These are about the lawyer, about being a better lawyer technically!
Continue Reading...Business Competency for Lawyers
Thanks to Elizabeth Anne "Betiayn" Tursi, editor-in-chief of Law Journal Newsletters' Marketing the Law Firm for reviewing our latest work, Business Competency for Lawyers, a LawBiz Management Special Report in the June 2006 edition. She also reviewed The Essential Little Book of Great Lawyering, by James A. Durham, currently the Chief Marketing Officer at Ropes & Gray in Boston
Is there something beside the practice of law
There is for the father of two and author of King of Lies. He's now into his third career!
Running a Law Practice: Strategic Steps to Success
I'll be conducting a full day seminar for the South Carolina Bar on May 19th (9 a.m. to 5 p.m.).
If you're in Columbia, South Carolina then, come by and join us.
How to call the police - True story (so I'm told)
Proving that there is more than one path to success:
George Phillips of Meridian, Mississippi was going up to bed when his wife told him that he'd left the light on in the garden shed, which she could see from the bedroom window...
Continue Reading...April Fool's Day!
Years ago, as a youth, I saw a program on television. That program convinced me that spaghetti grows on trees!
Continue Reading...Law as a business and a profession
Law is still both a profession and a business. The words of Ben Johnson, of Atlanta, are worth reading.
Continue Reading...Come back to fight another day ...
Dr. Tony Alessandra, in his current Dr. T's Tips, talks about resiliency. This strikes home and merits repeating.
Resilience means knowing how to cope in spite of setbacks, or barriers, or limited resources. Resilience is a measure of how much you want something and how much you are willing, and able, to overcome obstacles to get it. It has to do with your emotional strength. For instance, how many cold calls can you make in a row that all turn out to be "no thank you?"
Continue Reading...Big Brother Watching -- Again?
Ann Althouse discusses BuzzMetrics and the revelation that there is software available to track public opinion.
Continue Reading..."Professionalism can't be e-mailed"
The Boston Globe, among others, commented about a very nasty exchange between two lawyers that wound up being very public. I was not going to comment on this exchange between these two lawyers because the lack of civility among lawyers seems to be all too common in today's world.
But, Reid Trautz did comment on 2/16/06 and I particularly appreciate his observation, which bears further repeating:
Continue Reading...There's a reason for everything ...
Seth Godin says there's a reason for everything. What's your reason?
Put another way, without clients there is no reason to be a lawyer. Why do so many lawyers have complaints registered against them by their very own clients? Why is it that clients (otherwise known as customers) are not put on a pedestal, are not revered for their providing a livelihood, and are not cherished for providing us with an interesting and challenging way to spend our time?
What is your reason for practicing law? How does that reason enable you to be more effective for the benefit of your clients ... and therefore more profitable, enabling you to provide a good living for those you love?
A little humor goes a long way
If you want a little humor, you must see the headlines bloopers on this blog.
And Victor Urbach's rainmaking ideas are worthy of further consideration.
"Blogiversary"
Congratulations to Dennis Kennedy who celebrates his birthday on February 17th. He's taking a week to celebrate!
Dennis, your note hits home with me since my birthday is February 16th. And, this year, without knowing about what you're doing, I decided to celebrate for an entire week, as well. In fact, I'm going to celebrate by going to a pro cycling camp from 2/18 to 2/25!
This is my 65th! And I'm truly excited. Even the government is celebrating with me this year -- They sent me a special birthday present: My very own Medicare card!
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...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...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.
Schiavo - A tale of incompetence and conflicts
The attorney for the parents of Florida's famous Schiavo case is getting an award for distinction. Yet, the North Country Gazette details the incompetence and fraudulent conduct of both this attorney and judges involved in the case.
This is fascinating reading ... and highlights areas of common sense that lawyers must address. Conflicts of interest and incompetence are not to be taken lightly! It is when one or both of these transgressions occur that clients justifiably sue lawyers, not because they've been charged too much!
New honor given to www.lawbizblog.com
Just received notice from Mark Kuiack, the editor of the Canadian Bar Association's CBA PracticeLink Web site.
Mark said, "I'm writing let you know that I chose your blog as our 'Feed of the Week' in our Marketing section ... I often refer to your site ... I wanted to point CBA members in the direction of the great resources on the LawBiz blog...
Thank you again for providing such a valuable service!"
Professional Legal Management Week
From a news release, we have a new idea:
"...
Professional Legal Management WeekSM (PLMW) provides a forum for recognizing those in legal management for what they do and the role they play in the success of the organization, and in its service to its clients and those who work in the organization.
The objectives of Professional Legal Management WeekSM are:
* To provide awareness, understanding and education about the legal management profession, and
* To increase knowledge of the diverse roles within the profession.
Professional Legal Management Week will be observed annually during the first full week in October:
* October 3-7, 2005 ... "
Katrina aid
For those who want to help or those who need help resulting from the Katrina tragedy, you may want to look at www.HelpKatrinaLawyers.org
The site can be described as: "Resource of volunteers for legal technology, practice management and disaster/data recovery for any law practice affected by Katrina."
Robert Ambrogi mentions his recent
Robert Ambrogi mentions his recent interview with the new president of the ABA.
Seems the ABA president believes that sole and small firm practitioners really get a lot out of the ABA, despite the ABA's high cost of entry. If that's the case, why aren't more of these practitioners members? I think the new president is thinking wistfully, ignoring the metrics of the marketplace. But, that's only my opinion.
LawBiz e-Zine August 2005 edition
See our August 2005 issue of LawBiz e-Zine.
Katrina: Change creates opportunity
The disaster caused by the hurricane, Katrina, is actually so huge that it is impossible for me to comprehend at a personal level. The families lost, split apart or injured can only be compared, I think, with the tales of families torn apart in the American Civil War.
Continue Reading...Selected as "My Favorite Blog"
IOMA, Institute of Management Assistance, publishes several newsletters worthy of consideration. I've benefited from many of their ideas over the years.
I've seen them for many years and am particularly excited now because of a recent post to their electronic magazine, Law Firm Leadership e-Report of August 17, 2005 where Lisa Isom-Rodriguez , Editor, said my blog was her favorite. This is her quote:
"My Favorite BLOG
Okay, the headline isn't exactly fair, since there are a number of amazing BLOGs out there designed to help law firm leaders in a variety of ways. So, consider this my favorite BLOG for the month: the LawBiz Blog from consultant Edward Poll. Check it out for a range of information on financial management, marketing, and more."
I am flattered and pleased that we received this recognition. This shows the power of blogging since I've had no previous connection with IOMA or with Ms. Isom-Rodriguez that would warrant their knowing about our web log. In fact, this issue was forwarded to me by someone else. Otherwise, I would never have seen it! And yet, this major publication believes that our blog is one of the best in the field!!!
For Lawyers Who Earn Their Living With Their Mouth -- And That Means All Lawyers!
A unique conference is set for September 2005 in Palm Springs, CA:
Question: Why should lawyers be interested in this conference? The answer is really quite simple: Make more money! See below for the top ten reasons you should attend:
From September 16 -18, 2005, the National Speakers Association (Los Angeles Chapter), will be hosting its 21st annual Summer Symposium at The Lodge in Rancho Mirage (Palm Springs), CA. The title: Magic of Mastery.
Continue Reading...Philanthropy is very personal
In a recent thread on a listserv to which I contribute, there was discussion about the philanthropic proclivities of lawyers - that they aren't charitable enough. I was moved to comment, and thought you might be interested in my comments. They follow. You will note that the discussion hit a nerve for me.
Continue Reading...WI Court expands The Business of Law(tm)
The ABA's electronic Report discusses a new Wisconsin Supreme Court case that discards medical malpractice limitations for non-economic pain and suffering.
The reason, in part, was violation of the equal protection clause: Those with major injuries will benefit proportionately less than those with minor injuries who total compensation might come in below the cap.
This issue is huge and, in today's world of politics, is a stunning blow to the medical community that seems to be able to have its own way in everything.
From the perspective of the legal community, it is good news for some personal injury lawyers. While many lawyers are facing a challenge to their very economic existence --- see asbestos law changes, among others --- Wisconsin (this ruling is State specific) lawyers at least have been given new life for the moment. The medical community will now move to the national/federal level to seek new legislation.
The reasoning of the Wisconsin court was so well crafted, though, that it may be used elsewhere. Let's hope.
This issue is just one more example of what lawyers need to look out for in the development of their business plans: Consider "threats" to your practice from the outside world. In this case, from politicians seeking to make it less attractive for lawyers as a means of reducing litigation against claimed negligence. "Keep your eye on the ball" to make sure your practice area isn't the next target for our erstwhile politicians.
Thanks to Monica Bay
Thanks to Monica Bay and her ALM group, I saw one of the best baseball games ever this evening: California Angels (still can't get used to saying the Los Angeles Angels, or the California Angels of Los Angeles --- but this should make one interesting lawsuit!) VS. the New York Yankees (there is no confusion there).
6-5 in favor of the Angels!
Tort Reform
Steven G. Kraus, a Massachusetts attorney, just told me about a doctrine in New Jersey that should be adopted in every State. It should make litigants act more reasonably.
Steve said: "...an insurance coverage doctrine that we in New Jersey call 'Rova Farms' ... The doctrine provides that if an insurance company can resolve a lawsuit reasonably worth more than its liability policy limits for those policy limits and the plaintiff makes a demand to settle for the policy limits, if the insurance company refuses the offer and the case is later tried and comes in for more than the policy limits, the policy limits are reformed to cover the full amount of the verdict."
Wow! Talk about a way to make litigants, and their counsel, analyze their cases before they reach the Courthouse steps and act more reasonably! This should be adopted in every State, if not by Court doctrine, then by statute. That would be Tort Reform I could live with ....
Drucker on Making Decisions
In a piece by Peter Drucker, he said that successful CEOs were effective because they followed the same 8 practices:
They asked "What needs to be done?"
They asked, "What is right for the enterprise?"
They developed action plans.
They took responsibility for decisions.
They took responsibility for communicating.
There were focused on opportunities rather than probelms.
They ran productive meetings.
They thought and said "we" rather than "I".
It's not what you do now, but what you do after the mistake that counts
Alan Weiss, a well-known management consultant, wrote some prophetic words recently: We're all human, he says, and that means we'll make mistakes. We tend to be tolerant of other people's mistakes. We know the mistake was not intentional, by definition.
The real issue is what we do after we make a mistake. Do we cover it up? Do we exacerbate it by seeking to focus responsibility for the error elsewhere? Or, on the other hand, do attempt to make recompense?
For example, if a hotel makes an error in the reservation, do they accept the mistake and then provide you with a free night's lodging? If a restaurant server spills coffee on you, do they "comp" your meal and offer you a free meal for your next visit to them?
As lawyers, in situations other than missed court filing dates and the like, what do we do for our clients to assure them they will be served effectively ... and, when we err, what do you we do to "make up" for our mistake or our staff's mistake? That is where the client really understand our superior service ... and our intent to be world class in serving their needs and wants.
Support for "Profitable Law Office Handbook"
Tom Kane, yesterday on his very fine blog, said nice things about our book, "The Profitable Law Office Handbook."
"I have seen the table of contents of the workbook and it looks pretty darn good, and very well organized. No, I still have not been offered a cut to recommend it. But, I do. Now, how about it, Ed?"
Tom, thanks for making referrals to our book -- it's part of the series that has been called "the Bible for running a law practice." I know you respect my objectivity, and I yours. Thus, it would be difficult to give you a piece of the action ... it would appear as a bribe! And I know, as a marketing guru, you understand the importance of appearances. Too bad our politicians don't listen to you ... they would understand the importance of appearances and then might actually do what they say they will do. What a novel concept that is!
To my readers: I again recommend that you check out Tom's blog. It's well worth your reading.
Blogs Blogs and more Blogs
One more perspective on the new world of blogs from Kevin Maney, writer on technology for USA Today since 1985. The following appeared in USA Today on May 24, 2005:
Continue Reading...Recycle your old cell phone
If you have an old unused cell phone, don't throw it away! Instead, get a few dollars from it by going to the following web site: www.oldcellphone.com.
They will send you appropriate packaging for your phone and pay for the shipping. They then attempt to reuse your old phone-often for charitable purposes.
A new Jack Welch
See the current issue of Newsweek with Jack Welch on the cover. This is the hard-nosed leader who "created" GE, who became the idol of all M.B.A. graduates and was titled, The Guru of Modern Business." Now, Mr. Welch is talking about the Balance of Life!
I find it interesting that folks who have already made their fortune, and no longer need to work, talk about a "balance of life."
I find it equally interesting that it is generally large firm lawyers who talk about how unseemly it is to "sell" or "market" legal services and vote to use the rules of professional conduct to make it unethiccal to advertise and otherwise solicit for new clients.
Yet, it is the law firms of these very same lawyers that use entertainmnet and other traditional means of marketing to get their business. What's wrong with this picture?
The Impossible Dream on this Ides of March
The Impossible Dream is just that, impossible. Unless YOU don't know it's impossible and you go for it! Then, it just might be possible.
That's the point in the March 13th, New York Times article, "Sleeping With the Guitar Player," about someone with no musical talent (according to his wife) becoming a "star" (according to his public).
As lawyers, we have the capability of helping our clients realize their dreams ... What a marvelous opportunity that presents to us! And, with a little business sense, we can even make a good living doing what we love while helping others in their times of need. What a gifted life we live!
To Gun or Not To Gun
Does the Judicial System have the authority to ban guns from courthouses? That issue was presented before a Pennsylvania trial court; the judge said the Second Amendment, right to bear arms, prevents the Court from banning arms even in the courthouse.
A Pennsylvania appellate court disagreed and ruled that courts do have the right to restrict guns. Although part of the decision is based on where the gun may be -- in the courtroom, in the judge's chambers or in the halls of the buildings. That seems to be "splitting the hair" too thinly!
While the gun lobby is very strong in this country, it seems to me that carrying a weapon is subject to reasonable restrictions, just as is "free speech." The First Amendment does not give one the right to yell "fire" in a crowded theatre. I'm not sure how or why the gun lobby has been so successful in being treated differently.
The argument that "guns don't kill, people do" evades the conclusion that restricted access reduces the opportunity to use the weapon for offensive purposes. And, historically, the Second Amendment was not created to allow personal attacks, but rather to prevent political abuse by a tyrrany.
I suspect that the current challenge/argument in Pennsylvania is merely a precursor to further litigation. Stay tuned, as they say.
"Use it and lose it"
New CA Court Ruling: March 2, 2005
Home Insurers Can Cancel Coverage After Claims Filed or Loss Inquiries
Continue Reading...www.answers.com
As noted in the Wall Street Journal recently (January 27, 2005), search engines such as Google provide us with links. However, www.answers.com provides us with answers. Take a look for yourself.
"Of Lies & Lawyers"
The Wall Street Journal reviewed the new television series, "Law & Order: Trial by Jury." I took offense to the inference that defense attorneys are willing to commit any act, even lie, in order to acquit their "guilty" clients.
This is my response to Dorothy Rabinowitz, the author:
Your article, "Of Lies and Lawyers," (WSJ, February 25, 2005) could have made a real contribution to the public's understanding of the American judicial system.
The Constitution of the United States guarantees that all defendants are entitled to a quality defense, not a porous or inadequate defense! Even if the defendant is guilty of the crime charged, s/he is still entitled to quality representation. This is a right guaranteed by our Constitution! Thus, the comment, "I don't care if you did it." If the defendant cannot afford counsel, the government will appoint a public defender.
Continue Reading...Oprah & Lance Armstrong
If we think we have problems, listen to and read the book by Lance Armstrong!
A little humor
One of the reasons I coach and consult with lawyers is that it allows me to combine my love of the law with my love of business, especially entrepreneurship. I recently came across a great site devoted to entrepreneurship. This, hopefully humorous bit, strikes at the core of why there are so many "consultants" today, many of whom are merely waiting for their next job:
Considering that more than half of the people in the U.S. are either self-employed or working in a company with under 100 employees, it's amazing how few jokes there are about entrepreneurship and small business. Here's one I heard recently:
"So, what made you decide to go into business for yourself?"
"It was something my last boss said."
"Really, what was that?"
"You're fired."
Lessons from life by Maya Angelou
Taken from Worthwhile Magazine, the following ideas/lessons from Maya Angelou struck a cord with me as it did for Kevin Salwen:
-I've learned that no matter what happens, or how bad it seems today, life does go on, and it will be better tomorrow.
-I've learned that you can tell a lot about a person by the way he/she handles these three things: a rainy day, lost luggage and tangled Christmas tree lights.
-I've learned that regardless of your relationship with your parents, you'll miss them when they're gone from your life.
-I've learned that making a "living" is not the same thing as making a "life."
-I've learned that life sometimes gives you a second chance.
-I've learned that you shouldn't go through life with a catcher's mitt on both hands; you need to be able to throw something back.
-I've learned that whenever I decide something with an open heart, I usually make the right decision.
-I've learned that even when I have pains, I don't have to be one.
-I've learned that every day you should reach out and touch someone. People love a warm hug, or just a friendly pat on the back.
-I've learned that I still have a lot to learn.
-I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.
