Law Office Management
Content
Practice Management Advisors Solo Practice Tips
As previously posted to Solosez by the Practice Management Advisors Committee of the ABA Law Practice Management Section
PowerPoint Presentation created by James S. Walker For the Small Law Firm Center Association of the Bar of the City of New York www.abcny.org
Client Relations
Confidentiality
Practice management advisors from bar associations and law societies (in Canada) make numerous visits to law practices to help lawyers in the management of their practices. One issue that frequently arises is the confidentiality of client information. If you are in an office sharing arrangement, you should take overt steps to ensure that persons not associated with your practice do not have access to your files or other client information. Client files must remain confidential, and that confidentiality does not extend to other lawyers or non-lawyers sharing your suite. Lock your office door when you’re out of the office. Remember to do the same with the files on your secretary’s workstation or in file cabinets in a public area. Also, if you share a receptionist, be sure to periodically remind him or her not to discuss your business or your clients with others sharing the suite.
Ways to Keep in Touch
Have you ever been unable to get to your office in a snowstorm or other emergency? How can you contact your clients, opposing counsel or the court to postpone important events? Keep a list of all office and home phone numbers of clients and opposing counsel. Bring home an updated hard copy of the list-or e-mail it to yourself--every few months. In case of an emergency, such as sickness, injury, storm or damage to your office--and it happens way more than we think--you will have a way to contact clients and other attorneys to inform them of the situation. Be sure to keep your client list in a confidential and secure location.
Be Attentive
Develop your listening skills. Learn how to encourage your clients to talk and how not to interrupt. Learn how to communicate attentiveness. Use appropriate body language. Learn how to be still. Don't play with paper clips. Don't gaze out the window. Don't allow interruptions. The resulting benefits are numerous, but most of all, your clients will thank you.
It’s all in the Introduction.
Learn how to meet and greet people and not turn them away by how you Introduce yourself. If you immediately say "I'm a labor lawyer," few people will ever think to themselves that they will need your services. At that point you may have lost the opportunity to market yourself for any other purpose. Create a five second introduction to repeat when meeting new people (i.e. potential new clients). It should be natural and informative, such as "I am a problem-solver for small businesses" or "I help families plan for their financial future."
Fees
Remember that clients are often under Considerable stress (from their legal problems) the first time they visit a lawyer. Your explanation of your fees and costs may be a model of clarity, but it may not sink in. Give your explanation in writing as well as verbally. If a lot of money is at stake (in the eyes of the client), allow the client time to think it over before committing to your fees. Clients who "buy in" to a fee agreement are more likely to abide by it. Then take the initiative to periodically discuss the amount of fees throughout your representation. If at any given point the fee does not comport with the client's expectations, resolve the situation as soon as possible--don't let it fester until the attorney/client relationship is irreparably damaged.
Give a little Reassurance.
Buyer's remorse is not limited to the purchases of consumer electronics and automobiles. Many clients also experience second thoughts about the lawyer they just hired. To reassure your new clients that they have made the right choice, immediately show a little extra client care: Send each new client a brief thank you letter with a "gift." The "gift" could be a recent copy of your firm newsletter, a recent topical article you authored, a business card that lists an unpublished telephone number for the client to reach you in an emergency, or a book related to their legal issues that shows you care about them as a client. (You get the idea.) Then follow-up with a personal telephone call several days later to let your client know you have begun work on the matter; let your client know it is a no-charge call. This immediate special attention helps to retain clients and build positive long-term relationships.
A little thing can make a big difference.
If you send a thank you letter to clients at the end of a matter (and you should), include a client satisfaction questionnaire. While a thank you letter speaks volumes, adding a short questionnaire can help cement client loyalty. It can also help raise negative issues the client did not raise in person. Even if clients do not respond, they will be glad you asked for their input.
Involvement is Good!
Involve your clients in their legal matters as soon as possible and as much as possible. The lawyer-client relationship that develops is much better than those in which the client is not involved. Ask your clients to draft their own case histories, review documents obtained in discovery, and participate in the preparation of pre-trial statements. As a result, clients obtain some appreciation for the amount of time and type of work involved in preparing their cases, gain some control over their own cases, understand the effort and skill involved in being an attorney, and gain a greater sense of trust and appreciation for your services.
Directions are essential.
Don't turn off clients before they ever reach your office! Make sure your receptionist or secretary knows how to direct clients to find your office. (Don't assume they can give directions just because they come to work every day!) In addition, create written directions that includes major landmarks, number of miles from the airport, courthouse, or nearest Interstate exit. Your office should have a clearly readable map that should be faxed to everyone making an appointment. Further, if your office is located in an office park, are there signs that direct them to your building? Are the signs placed where people in a car can view them? If no, your map and directions need to compensate for the landlord's poor planning.Clients should also be informed ahead of time if parking is provided, and whether there is a parking fee. It is frustrating to rive several blocks to find a parking spot, walk back to an office building and learn later that parking is available in the same or an adjacent building for free!No need to frustrate a potential“million-dollar”client, when they just might drive off to find another lawyer's office!
It isn’t over yet.
Having a written file closing procedure to close a client's case will benefit both you and your clients. Here are six steps you can mix and match to fit your practice: Conduct a post mortem session. Give the client an opportunity to ask any and all final questions about the outcome of their case. It will also give you a chance to review the file and tie up loose ends. Send the final invoice. Sending the final invoice as soon as the last task in the case has been performed will give a final accounting or status report to the client in an expeditious manner, and increase the likelihood of collection - instead of waiting for the next billing cycle to come around. Make sure your billing software can accommodate out of the normal billing cycle final billing without any flaws in the system. Return the client’s property. Sending the client’s property back immediately after completion of a case or giving the client a deadline to pick up their property from your office, will serve as an additional reminder to the client - the case is over. Also, it will save you from having to store and safeguard any materials that should rightfully be returned to the client as soon as you no longer need them. Prepare a checklist of items returned to the client and have them acknowledge receipt by signing your form.Close the file. Prepare a closing file checklist. Make sure the file is culled for any duplicate drafts of documents, legal pads, etc. Separate the items to be returned to the client from what you may want or need to keep. Assign the file a closed file identifier and incorporate it in your closed files system. You will store fewer materials and use up less space in the process, by having a lean and orderly file. Schedule the file for periodic review. Initially schedule the file for review in three months to make sure all return receipt requested cards have been received, the final bill has been paid, and all lose ends have been taken care of. Depending on the type of case, you that you will want to schedule the next review a year or two later to see if the client’s circumstances have changed, and they would benefit from additional legal counseling.Thank the client! Make it a habit to send either a card or a letter to the client to thank him/her for choosing you as their legal representative - it will go a long way!
Hola! Bonjour! Hi!
Did you know that AT&T has a translation service? If you need to communicate with a non-English speaking person you can call 1-800528-5888 which is AT&T’s Language Line Translation Service and ask for the Personal Interpreter Service. Their translation services cover 140 languages and have a live operator to perform the translations to and from English. You can call the above number and hear a sampling of the services provided. It is available 24 hours a day, seven days a week. It may help you communicate with your non-English speaking clients when there is no other interpreter to be found!
Tax Deductions
Know how your fees and/or costs can be tax deductible to your clients. If Tax deductions are possible; share this information with your clients. Encourage them to have their accountant or tax preparer call you to get information that might maximize their deduction(s). Your clients will appreciate this extra effort--especially if you explain it at no charge!
Help them reach for the Stars.
Try to create opportunities for your clients. If you become aware of a development in the law or in business that may be of interest to a client, let them know about it and, if possible, introduce them to the key players.
The Phone Dilemma
Many lawyers at some point contemplate whether or not they should give their home phone numbers to clients in case of an emergency. It's a simple question without an easy answer. It depends upon the nature of the practice, the location and your comfort level of allowing clients to intrude into your personal time. If you do decide to let clients know you are available at home in the case of an emergency, then it is critical that you and not the client determine what constitutes an emergency. You should put your guidelines in writing for distribution to all clients (especially all new clients) describing when it is and when it is NOT appropriate to call you at home for an emergency. Decide whether you want to charge extra for this service, especially for clients who use your home number as a convenience, rather than for true emergencies. Disclose this extra charge to clients in your fee agreement. In addition, you may also want to consider having a separate line at home for these client emergencies.
Resources
Is this correct?
Have you noticed that as the years go by, you forget the rules of proper grammar and punctuation? (I personally have already forgotten everything I learned in elementary and high school.) Poor grammar in a letter or other document can cast the wrong impression. Well, help is on the way via the World Wide Web. Try www.millernash.com/msgrammar --a law firm web site with help for us grammatically challenged lawyers! Or bookmark <http://webster.comment.edu/HP/pages/darlin g/grammar.htm, loaded with lots of resources, including "Ask Grammar," a way to ask a college professor your most intimate grammar questions for free! Another web site with on-line assistance and a downloadable computer program that goes beyond the grammar functions in your word processor is <http://englishplus.com/grammar.
Uncle Sam is Coming!
April 15 has come and gone, but there’s always next year. The IRS publishes the Tax Guide for Small Business that contains information about federal tax laws that apply to small businesses. The publication includes information on the major forms of business organization, accounting practices, the tax aspects of assets, income, expenses, and employer tax obligations. Contact the IRS at 800/TAX-1040 or www.irs.ustreas.gov/cgi/formorder.
Endless Possibilities
This week's tip involves an innocuous little web site with great potential for lawyers. The site, www.anybirthday.com, allows you to find the birth date of over 135 million Americans. While the site allows you to send birthday gifts, etc., it can also come in handy to check or confirm birth dates for law-related activities. (Query: Would it be legal to look up the birth date of a job applicant?) It doesn't always find the person, but it does state that Ross L. Kodner was born July 27, 1961; Bruce Dorner was born November 3, 1949; and Jennifer rose was born....well, you get the point. Have fun!
Malpractice Insurance
If you do not have malpractice insurance or you are reviewing your present coverage, there is a new book available to help you make the right choice. The ABA Standing Committee on Lawyers' Professional Liability recently published a very helpful workbook entitled "Selecting Legal Malpractice Insurance." The book provides easy-to-understand information About malpractice insurance policies, a glossary of terms, insurance policy checklists, a pull-out comparison chart to help you choose a policy, and a state-by-state listing of malpractice insurance carriers. A real deal at $15.00 plus $3.95 shipping. Available at http://www.abanet.org/legalservices/lplpubs.html or by calling the ABA at 1-800-285-2221. There is also an on-line version that is available for free (also a real deal) at http://www.abanet.org/legalservices/pl/home.html
Call to make sure!
Here's a tip for personal injury attorneys and anyone else who writes checks from a trust account on behalf of clients: Take a minute before writing each check to call the payee to confirm the proper name and address to send the check. This simple phone call will help reduce the complaints from medical providers and others claiming they were never paid; you also won't have the hassle of reissuing a new check and stopping payment on the old check. And, since the check goes immediately to the proper address, it will help reduce the late-cashing of checks that can put a glitch in your trust account reconciliation process.
Internet Service
Looking for a new Internet service provider in your area? Wonder who offers DSL or 64Kb connectivity? Wonder whether you're getting a competitive price for your T1? Log onto the internet ISP list, enter your area code, and it will bring up all the internet service providers that service your area, along with information on pricing, types of services, and with direct links to the ISP for additional information and ordering. http://thelist.internet.com/areacode.html
Help is on the way!
A fairly new product for family law practitioners called Kidmate. Kidmate is the first computer program to help parents, lawyers, mediators, and the court negotiate a custodial parenting plan. It contains a Timesharing Organizer, Record-Keeper, and Expense Keeper to help plan custodial/visitation times, keep track of disagreements, and track expenses. It also helps calculate child support. Visit http://www.kidmate.com/html/reviews. html to learn more.
Patches and Updates
You should check the Internet site of all of the software that you use in your office three or four times a year for patches, plugs, service packs or updates. Many software packages are released these days with numerous bugs and problems. Patches and service packs are generally free. You just have to download and install them. You should take advantage of the free improvements and fixes offered by the software companies. You'll need to know the version of your software to see if you need a patch. You can find this out by clicking "Help" and then "About." Write down the version number. Then go to the software manufacturer's web site and see if there are suggested improvements. If you don't want to do this all by yourself, there are several on-line utilities that will do this for you. Norton LiveUpdate Pro http://www.nortonweb.com and McAffee Clinic http://www.mcafee.com/centers/clinic/ will do this for you for about $30 per year. Or try Updates.com http://updates.zdnet.com/, a free service of the ZiffDavis on-line empire. If you've had your software for quite a while, the odds are that there awesome free improvements for it out there just waiting for you to take advantage of them. Oh, and remember: Do a back-up BEFORE you update! :-)
The Federal Government
The site is http://www.info.gov/, and it is the premier gateway to find information about the federal government. Need to know the status of a bill pending in the U.S. House of Representatives? (202/225-1772) Need to contact the Defense Nuclear Facilities Safety Board? (1-800-7884016) Want to know if a toy that injured your client has been recalled by the Consumer Product Safety Commission? It's just two clicks away. Obscure or obvious, this site is THE place to start surfing when you need information about the federal government. The site can also quickly lead you to state and local government information.
Service Agents
Ever wondered how to find out the service agent for a foreign corporation? Most of them can now be found at no charge over the Internet. Maryland attorney Terry Berger just decided to catalog all of the various Addresses into one web page. The result is both impressive and VERY helpful. http://www.geocities.com/resident_agent _info/residentagent.html>
Lay down your heavy load.
Would you like to carry statutes and rules to court without the weight and Hassle of books? www.memoware.com has a large repository of useful legal Documents, such as the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, California Civil Code, Florida felony statutes, US Federal Sentencing Guidelines, and the US Bankruptcy Code, available free to download into your Palm or other PDA. Most of these documents can be read with common PDA document readers, but just in case you don't have one, memoware.com has a full list of shareware and freeware document readers. (http://www.memoware.com/mwhelpf.htm) Oh, and they have documents on other topics too.
Time Zones
Ever get a phone message from a potential client or traveling client and not recognize the area code? Do you defer returning the phone call because you are not sure if it is too late or too early to call in that area code? Thanks to a freeware utility called Quick Info, you can immediately check the location and time zone of the unknown area code. And once you set this utility to your time zone, it will show you the current time for over 2000 cities around the world. The free download is available at http://www.zdnet.com/downloads/storie s/info/0,,000GSA,.html
Computer Tips
It’s your Desktop.
The point of the Desktop in Windows 95 and 98 was to customize the Desktop for your particular uses, but few lawyers do. Organizing your Desktop for the way YOU work will save you time and aggravation. Make the Windows Desktop YOUR desktop. Here's a quick way to start. 1)Open a new folder on your Desktop and name it "Things that used to be on my Desktop." 2) Click on that folder to open it. 3) Drag the icons for everything that you do not use at least one a week into the "Things that used to be on my Desktop“ folder. Don't worry, you’ll know exactly where they are and can always move them back. Do Not Try to move the My Computer icon and some others may refuse to be moved. Then minimize or close the "Things" folder. 4) Go to a blank place on the Desktop- Right Click - Select Arrange Icons and then Auto-arrange. Doesn't that look nicer? 5) Next click on My Computer, then the Hard Drive letter where your forms are, until you get down to the My Files folder, My Documents Folder or wherever you keep your five or six most frequently used forms. Hold down the Control key and use your mouse to drag copies of these icons out onto the Desktop. Then close the My Files (or whatever) folder. 6) Right click on each one of these icons you have just brought to the Desktop and use Rename to give them nice long Descriptive names like "New Client Information Sheet," "Contingency Attorney Fee Contract," "Hourly Attorney Fee Contract," "Conflicts Memo,“and "Probate Checklist." 7) Right click again on each of these icons and select Properties, Under Attributes- Click the Read Only box and then OK. (This will force you to save the resulting file with a new name and ensure you don't accidentally overwrite your form.When you do want to change your form document, you can use these steps to "un-check" the read only box.) 8) If any other icons for non word-processing functions also needed to be placed onto your desktop, just repeat steps 5 and 6 for them. Look for programs under Program Files. 9) Repeat step number 4 to make it look pretty. 10) Minimize or close all open windows. Right click on the My Computer icon and use Rename to change My Computer to something more personal like "Betty's Computer" or "I am the Ruler of the Universe." Take a breather and admire your much-improved Windows Desktop. Then contemplate what else should be added to or removed from your Desktop.
Windows Shortcuts
The MS Windows logo key on the lower left of your keyboard (often between Ctrl and Alt) can be used as a shortcut to many Windows functions. Use the Windows key in conjunction with the appropriate letter key to achieve the following results: Windows-C opens control panel Windows-E opens Windows Explorer Windows-F starts Find files/folders Windows-I displays mouse properties dialog box Windows-K displays keyboard properties box Windows-L logoff dialog box Windows-M minimizes all open windows Windows-Shift-M undoes minimize Windows-R displays Run dialog box Windows-F1 starts Help
The Mouse is your Friend.
If you are learning a new software application or program and seem to be stuck, try right-mouse clicking to view additional options. You may find short cuts to some very useful parts of the application, plus find a quick way to do some everyday things like cutting and pasting. And best of all, if the rightmouse menu doesn't contain what you need, you can easily click out of the menu via a normal left-mouse click. So regardless of what program you are working in, stop now and Right-Mouse Click! (Note for left-handed individuals: You can configure your mouse so that your right-mouse click is really a left-mouse click under the Buttons tab in Start/Settings/Control Panel/Mouse.)
Documentation
When you make changes to software or hardware on any individual computer or your server(s), including installation of any upgrades or patches, be sure to document what you've done. This makes it much easier to troubleshoot any difficulties later or to recreate your system if it crashes. It's a great idea to create a master log on the network (make it read-only, with only authorized people making changes) so everyone can access the information. Be sure to print a copy every time you make a change and keep it in a notebook or file, since if your computer crashes you don't want to also lose the documentation on your tweaks to the system.
Filing Tips
Thank You
Create a "Thank You" file. In it should go the letters from satisfied clients, the replies from speaking engagements, the Little League support letter-anything that demonstrates that you are making a positive difference in someone's life. What gets measured gets done. Start measuring the impact that you are having on the world. After all, it’s a wonderful life!
See it clearly.
Increase the font size on your wills, trusts, cover letters and other form documents often read by elderly, or soon to be elderly clients. They will appreciate this small touch for many years to come.
Color Coding
Many lawyers use the same ivory-colored files for everything in their office: Client files, research files, business files, financial files, etc. When you need to locate a file, the only way to differentiate between files is to look at the writing on the tab of each file. Even if you have a color-coded numbering system along the edge of the file, it's still not easy to find the one file you need among all the files on your desk or in your office So how can you quickly find the one file you need among the many? Color code your files. Use a different color file for each type of file. Client files can be one color. Or you can have a different color file for each substantive area of your practice (family law, T&E, etc.). The business files for your practice can be another color, research files can be another. Think about how your practice works, and which types of files would best be colorcoded. Don't try to do too many colors--three to five works best. Each time you go searching for a file look only at the files of that color. You'll save time and aggravation each time you need to find a file.
Copies for the Client
When you are engaged by a new client, provide him or her with a sturdy file folder bearing a label with your firm's name, address, phone and fax numbers, e-mail, etc. Place a signed copy of the fee agreement in the file as the first document.Further explain to the client that you will be sending copies of everything related to the case, both documents you generate and those you receive, and that the client should place these documents in the file immediately when received. Many clients don't have an adequate at-home filing system; the things you send, therefore, may end up on the kitchen counter decorated with applesauce or as someone's telephone message slip. By the end of representation (or at any point in between), your client will have a complete copy of their file.
Back It Up!
The information stored on your office computers should be periodically duplicated (backed up) onto tapes or disks, and stored at an off-site location. These tapes/disks should not only encompass client information, but firm financial information. An undamaged back-up tape of your most recent billing cycle will keep your cash flowing and save immeasurable hours of lost time and aggravation. (Remember to periodically restore a sample file from the tape/disk to make sure your backup system is really working.)
Destroying files
Many lawyers decide to retain a client's file after the case is closed. It's a service to the client, protection against possible future claims, and a client-retention device. Nonetheless, the file remains the client's property in our jurisdiction. In fact, if you do keep the file, you are required to keep it for a minimum of five years. (See D.C. Bar Legal Ethics Opinion 283.) So what happens with this file after you have held it for proper time, then decide the cost of storage is too great? Can you merely discard or destroy the file? Because it is the client's property you must first try to locate the client and return their property. This can be time-consuming and often fruitless. So what's a lawyer to do? Put a provision in your fee agreement that allows you to destroy or discard the file after a stated time period. State that you will retain the file for them, unless they request it sooner. State that if they do not request you to return the file, that you will discard or destroy the file at the end of a "blank" years--whatever you think is appropriate for your practice and under your bar's rules. Finally, let them know that signing the fee agreement gives you permission to destroy or discard the file.
Office Tips
Networking
Host a social gathering. Invite friends, colleagues and business acquaintances to periodic social gatherings. Call people in the news. When you read newspaper or magazine articles of interest to your practice, circle the names of the individuals who are quoted in the articles. Call the ones who you would like to get to know. Use their quote as an icebreaker. Then ask a follow-up question to keep the conversation moving. If things go well, add them to your contact list. Volunteer to be the secretary or scribe. When you are newly active in an organization, it is sometimes hard to get to know other members. When you attend a function, volunteer to take notes of the meeting or write an article about the event for the organization's newsletter. You then have a good reason to call the other members and introduce yourself while preparing the minutes or article.
The Unwanted File
Is there a file in the office that you just can't stand to look at? (It's often related to a client you really can't stand.) Has it been languishing on the corner of your desk or just out of sight on your credenza? Is a deadline approaching or recently passed? You know you’ve got to tackle it, but just can't seem to get started? These unwanted files are a major cause of grievance and malpractice complaints, and can cause the premature end of a lawyer's career. And almost every lawyer has one of these "dog" files. Sobering, yes, but how does one deal with the "dog" file? Here are several ways to get moving on it and extract yourself from a potentially dangerous problem: . If you are in a small firm, trade the file with a colleague. Approach your partner or another associate and offer to trade your "dog” file for hers. At least this way you don't already have problems with the client. Open the file and start working on it immediately. (And that means RIGHT NOW!) Sometimes our own procrastination is the real problem. Just open the file and start reading it, as ideas and tasks come to mind, write them down. Work on the file for a minimum of thirty minutes. If you can, work longer. When you can't work anymore, schedule time on your calendar to work on it again tomorrow. As you re-familiarize yourself with the file, it will become easier to work on.
Marketing Tips
1. Print law firm business cards for each staff member, including their name and title. Provide some practice on how to give (and take) business cards; encourage them to give out the cards in appropriate circumstances. 2. Send thank you letters to judges, witnesses, and personnel from the court room and clerk's office. 3. Every person you meet is a potential client or potential recommender of a client.
Ten, Nine, Eight…..
With all the papers and documents that are piled up in our offices, it becomes overwhelming and often times downright discouraging to even think about dealing with them. As a result, we let things get worse and worse until we start misplacing important documents and clients wonder about our organization skills. One approach is to take it in little pieces. Several times a week set a short term goal of ten minutes to go through a growing stack of papers that need to be filed or trashed. That way, you can accomplish something without feeling you need to get everything done. When the ten minutes is over, you may feel so good that you may actually want to continue and finish much more! Also try to take advantage of the extra time when a meeting suddenly cancels; try to use the extra time to go deeper into the stacks of paper. If you cull through and throw out the junk first, then go back to read and file things, the job is easier.
Outside the box
Think outside the box when it comes to your business card. Plain white rectangular business cards are always good to have, but why not create a card that really expresses your personality? I received the bright yellow business card of a "lemon law" lawyer more than a year ago. His card was easy to locate recently when a friend of mine needed a referral. Think of ways to change the size, shape, color and content of your business card to reflect your practice. It may not be for everyone, but "Outside-the-box" business cards mean more business!
The Receptionist
The receptionist is the person who makes the initial contact with almost everyone seeking to do business with you. Yet often the receptionist is the most underpaid, unappreciated and under-trained person in the office. The receptionist can make a big difference in everything from losing a client to the initiation of a bar complaint proceeding. Compare the impact of the following two responses to an angry client who has not had a phone call returned. (1) Yes, I gave him the message. There's nothing else I can do about it. (2) Mr. Atty is usually very good about returning his phone calls. He has been in court all day. I'll try and make sure someone gets back to you as soon as possible. Make sure that those answering the phone or stationed in the reception area are continually encouraged to be friendly problem solvers. If you have turn-over at the receptionist position, consider having some written guidelines, including responses to difficult situations.
Bills
Make your bills clear and informative, with a format and layout that is easy to read. Ask several clients, your spouse or other non-lawyer to review several samples of your bills—with names and addresses redacted, of course! Is the wording free of jargon? Do they understand what work was performed? Can they understand how the amount of the bill was calculated? If so, you probably have a winning format that your clients will respect and pay.
Postal Supplies
How many times do you have to send something to a client, opposing counsel, relative, or friend, but have to make the trip to the post office to get the right box or envelope for Priority or Express Mail? It seems that's just one more reason to procrastinate. And then when you go to the post office you always have to find the correct box/envelope and labels, remember to bring the address, stand in line to have it weighed, and pay for the postage (and, is applicable, remember to write down the business expense!) Now, have your postal supplies delivered free of charge (not even any postage costs) to your office! Prepare the package in the comfort of your office! Then drop off it off on your way home, or call the USPS to pick up your Express Mail for an extra charge. Saves both time and frustration! Go to http://www.usps.gov & then "SHOP" & then "ORDER POSTAL SUPPLIES."
Notification
An attorney/law firm would never move its office without providing notice to clients, vendors, courts, and the community-at-large. In addition, the firm would ensure a forwarding notice was in effect with the postal service for at least six months, usually for a full year. Why is it that when an attorney/law firm changes something as important as its email address, it often provides no notification at all? If you change email addresses, take the time to send an email notice to all those in your address book. You can preserve confidentiality of your mailing list by using the "BCC" address line of the email. No one will see the address of anyone else you’ve addressed the email to. You should also keep the old service up and running for at least several months to know who to send second and third reminders to. Include a notice with firm newsletter mailings, billings, and in small print on the bottom of a letter if your letterhead includes your email address.
Personal Tips
Self Evaluation
At least once a year it's a good idea to block off sufficient time to evaluate our systems, equipment, work performance (of attorneys and staff), our client relations, office morale and our physical facilities and furnishings. Here are some other quick and easy self audit questions you can ask at any time without advance planning or calendaring: * If attitudes are contagious, is mine worth catching? If not, what can you do to change your attitude? * If I had to exchange places with my staff, would I like working for someone like me? If not, how can you improve your supervisory skills (e.g. a dose of thoughtfulness, by giving clearer instructions, by organizing and prioritizing your time better, etc.) * Do all of your staff members practice professional and courteous phone etiquette? If not, are you proud of the impression about the firm they are giving to clients and others? * Are you doing your part to hone your technology skills in order to fully benefit from the power of your firm's software programs? If not, could you take at least one hour a week to focus on improving your skills and learning more about the software packages used in your practice? * Have you asked for your clients input regarding their satisfaction with services and treatment received so far? If not and you have some disgruntled troops out there, are you ready to explain the situation to the State Bar when a grievance is filed against you?
Take Care of Yourself
1. Exercise: Exercise is one of the most effective anti stress, and anti-depression tools in behavioral medicine. Try to build reasonable steps to a new lifestyle of increased exercise. Do what you enjoy most: Aerobics, short walk, take the stairs, sports etc. 2. Try relaxation exercises: Take a five-minute break each afternoon and practice "Imagery"--a popular relaxation technique. Imagery is sitting back and remembering a favorite event such as a vacation or a round of golf. Try to use all of your senses (the sound of the surf, the smell of the salt air, the feel of the sun on your skin, the colors of the setting sun) and take poetic license (a golf game can be your favorite 18 holes played all together). 3. Practice good nutrition (and not because your mother said so): Improved nutrition is a very important aspect of behavioral medicine. Lighter meals and less excess weight yield increased energy. Increasing fruits and vegetables (even by one serving per day) is effective. Research has shown that small achievable steps toward a lifestyle change are more enduring and thus more effective than large changes.
Time is money!
Ben Franklin said "Time is money." And who should know that better than lawyers? Keep yourself on time using an atomic clock. Not on your desk, on your desktop PC! You can manually sync your watch and PC to the exact time using http://www.time.gov, a public service of the US government. Or download a freeware or shareware program that will automatically update your PC to the exact time in your time zone by linking to atomic clocks in various parts of the world. Check out http://winfiles.cnet.com/apps/98/clock.htm l for time synchronization programs (such as the highly-rated Atomtime98) and other timers for you and your PC.
Cut-off Dates
Take the time to find out the monthly cut-off date for each client's bill-paying cycle. Try to time your bill to arrive before the cut-off date each month, so that it does not wait around for another month's cycle. This may mean doing your bills in several small batches, but it is sure to improve your cashflow!
Summer
Let’s talk about summer; are you taking a vacation this year? Psychologists agree vacations are a way to take a break from a busy, stressful schedule. But don't fall into two common traps: Don't overplan your vacation. Scheduling too many things can be counterproductive to a relaxing vacation. Avoid rushing to do anything, and leave time to be spontaneous. And just make time to do nothing. If you feel you must bring along work, laptop or cell phone, limit the amount of time you spend using them. Otherwise, you are cheating yourself and your family out of a meaningful, refreshing experience.
Time Management
When you get a new case/project/task do something on it almost immediately no matter how small - begin anywhere - just do something. It can be something as simple as making a file folder and putting a note in it. Even if the deadline for the project is far off, it is helpful to do something on it. You can put the project away until you are ready to continue working on it. You can work on some small part of it on and off and when you are ready to spend more time on it, you will be "completing" the project and not "starting" it. In addition you may want to put some reminders to work on it in your electronic tickler, such as Outlook. This really helps to stay on top of projects and minimizes the constant feeling of being overwhelmed by projects whose deadlines are approaching.
A training lunch
As the immortal Yogi Berra said, "You got To be careful if you don't know where you're going, because you might not get there. “ Two things should never stop in your law firm-training and marketing. You need a year-round, career-long commitment to both marketing and training. Docket training and marketing goals just like court deadlines. Set goals for a set number of luncheons each month with possible sources Of new business. Every three months have a "training lunch" where one staff member Teaches a few new tricks to the rest of you. Let someone develop macros or other document automation and then show the rest of you.
The Two Minute Rule
If you pick up a file, document, letter, or phone message, and can get it done in two minutes or less, do it immediately! If it will take longer than two minutes, quickly assign it a high, medium or low priority, then add it to your "to do" list. Now get it off your desk and out of your mind until it comes up on your "to do“ List again. Try this for several days, and see if it helps you get your work done!
As previously posted to Solosez by the Practice Management Advisors Committee of the ABA Law Practice Management Section
PowerPoint Presentation created by James S. Walker For the Small Law Firm Center Association of the Bar of the City of New York www.abcny.org
Client Relations
Confidentiality
Practice management advisors from bar associations and law societies (in Canada) make numerous visits to law practices to help lawyers in the management of their practices. One issue that frequently arises is the confidentiality of client information. If you are in an office sharing arrangement, you should take overt steps to ensure that persons not associated with your practice do not have access to your files or other client information. Client files must remain confidential, and that confidentiality does not extend to other lawyers or non-lawyers sharing your suite. Lock your office door when you’re out of the office. Remember to do the same with the files on your secretary’s workstation or in file cabinets in a public area. Also, if you share a receptionist, be sure to periodically remind him or her not to discuss your business or your clients with others sharing the suite.
Ways to Keep in Touch
Have you ever been unable to get to your office in a snowstorm or other emergency? How can you contact your clients, opposing counsel or the court to postpone important events? Keep a list of all office and home phone numbers of clients and opposing counsel. Bring home an updated hard copy of the list-or e-mail it to yourself--every few months. In case of an emergency, such as sickness, injury, storm or damage to your office--and it happens way more than we think--you will have a way to contact clients and other attorneys to inform them of the situation. Be sure to keep your client list in a confidential and secure location.
Be Attentive
Develop your listening skills. Learn how to encourage your clients to talk and how not to interrupt. Learn how to communicate attentiveness. Use appropriate body language. Learn how to be still. Don't play with paper clips. Don't gaze out the window. Don't allow interruptions. The resulting benefits are numerous, but most of all, your clients will thank you.
It’s all in the Introduction.
Learn how to meet and greet people and not turn them away by how you Introduce yourself. If you immediately say "I'm a labor lawyer," few people will ever think to themselves that they will need your services. At that point you may have lost the opportunity to market yourself for any other purpose. Create a five second introduction to repeat when meeting new people (i.e. potential new clients). It should be natural and informative, such as "I am a problem-solver for small businesses" or "I help families plan for their financial future."
Fees
Remember that clients are often under Considerable stress (from their legal problems) the first time they visit a lawyer. Your explanation of your fees and costs may be a model of clarity, but it may not sink in. Give your explanation in writing as well as verbally. If a lot of money is at stake (in the eyes of the client), allow the client time to think it over before committing to your fees. Clients who "buy in" to a fee agreement are more likely to abide by it. Then take the initiative to periodically discuss the amount of fees throughout your representation. If at any given point the fee does not comport with the client's expectations, resolve the situation as soon as possible--don't let it fester until the attorney/client relationship is irreparably damaged.
Give a little Reassurance.
Buyer's remorse is not limited to the purchases of consumer electronics and automobiles. Many clients also experience second thoughts about the lawyer they just hired. To reassure your new clients that they have made the right choice, immediately show a little extra client care: Send each new client a brief thank you letter with a "gift." The "gift" could be a recent copy of your firm newsletter, a recent topical article you authored, a business card that lists an unpublished telephone number for the client to reach you in an emergency, or a book related to their legal issues that shows you care about them as a client. (You get the idea.) Then follow-up with a personal telephone call several days later to let your client know you have begun work on the matter; let your client know it is a no-charge call. This immediate special attention helps to retain clients and build positive long-term relationships.
A little thing can make a big difference.
If you send a thank you letter to clients at the end of a matter (and you should), include a client satisfaction questionnaire. While a thank you letter speaks volumes, adding a short questionnaire can help cement client loyalty. It can also help raise negative issues the client did not raise in person. Even if clients do not respond, they will be glad you asked for their input.
Involvement is Good!
Involve your clients in their legal matters as soon as possible and as much as possible. The lawyer-client relationship that develops is much better than those in which the client is not involved. Ask your clients to draft their own case histories, review documents obtained in discovery, and participate in the preparation of pre-trial statements. As a result, clients obtain some appreciation for the amount of time and type of work involved in preparing their cases, gain some control over their own cases, understand the effort and skill involved in being an attorney, and gain a greater sense of trust and appreciation for your services.
Directions are essential.
Don't turn off clients before they ever reach your office! Make sure your receptionist or secretary knows how to direct clients to find your office. (Don't assume they can give directions just because they come to work every day!) In addition, create written directions that includes major landmarks, number of miles from the airport, courthouse, or nearest Interstate exit. Your office should have a clearly readable map that should be faxed to everyone making an appointment. Further, if your office is located in an office park, are there signs that direct them to your building? Are the signs placed where people in a car can view them? If no, your map and directions need to compensate for the landlord's poor planning.Clients should also be informed ahead of time if parking is provided, and whether there is a parking fee. It is frustrating to rive several blocks to find a parking spot, walk back to an office building and learn later that parking is available in the same or an adjacent building for free!No need to frustrate a potential“million-dollar”client, when they just might drive off to find another lawyer's office!
It isn’t over yet.
Having a written file closing procedure to close a client's case will benefit both you and your clients. Here are six steps you can mix and match to fit your practice: Conduct a post mortem session. Give the client an opportunity to ask any and all final questions about the outcome of their case. It will also give you a chance to review the file and tie up loose ends. Send the final invoice. Sending the final invoice as soon as the last task in the case has been performed will give a final accounting or status report to the client in an expeditious manner, and increase the likelihood of collection - instead of waiting for the next billing cycle to come around. Make sure your billing software can accommodate out of the normal billing cycle final billing without any flaws in the system. Return the client’s property. Sending the client’s property back immediately after completion of a case or giving the client a deadline to pick up their property from your office, will serve as an additional reminder to the client - the case is over. Also, it will save you from having to store and safeguard any materials that should rightfully be returned to the client as soon as you no longer need them. Prepare a checklist of items returned to the client and have them acknowledge receipt by signing your form.Close the file. Prepare a closing file checklist. Make sure the file is culled for any duplicate drafts of documents, legal pads, etc. Separate the items to be returned to the client from what you may want or need to keep. Assign the file a closed file identifier and incorporate it in your closed files system. You will store fewer materials and use up less space in the process, by having a lean and orderly file. Schedule the file for periodic review. Initially schedule the file for review in three months to make sure all return receipt requested cards have been received, the final bill has been paid, and all lose ends have been taken care of. Depending on the type of case, you that you will want to schedule the next review a year or two later to see if the client’s circumstances have changed, and they would benefit from additional legal counseling.Thank the client! Make it a habit to send either a card or a letter to the client to thank him/her for choosing you as their legal representative - it will go a long way!
Hola! Bonjour! Hi!
Did you know that AT&T has a translation service? If you need to communicate with a non-English speaking person you can call 1-800528-5888 which is AT&T’s Language Line Translation Service and ask for the Personal Interpreter Service. Their translation services cover 140 languages and have a live operator to perform the translations to and from English. You can call the above number and hear a sampling of the services provided. It is available 24 hours a day, seven days a week. It may help you communicate with your non-English speaking clients when there is no other interpreter to be found!
Tax Deductions
Know how your fees and/or costs can be tax deductible to your clients. If Tax deductions are possible; share this information with your clients. Encourage them to have their accountant or tax preparer call you to get information that might maximize their deduction(s). Your clients will appreciate this extra effort--especially if you explain it at no charge!
Help them reach for the Stars.
Try to create opportunities for your clients. If you become aware of a development in the law or in business that may be of interest to a client, let them know about it and, if possible, introduce them to the key players.
The Phone Dilemma
Many lawyers at some point contemplate whether or not they should give their home phone numbers to clients in case of an emergency. It's a simple question without an easy answer. It depends upon the nature of the practice, the location and your comfort level of allowing clients to intrude into your personal time. If you do decide to let clients know you are available at home in the case of an emergency, then it is critical that you and not the client determine what constitutes an emergency. You should put your guidelines in writing for distribution to all clients (especially all new clients) describing when it is and when it is NOT appropriate to call you at home for an emergency. Decide whether you want to charge extra for this service, especially for clients who use your home number as a convenience, rather than for true emergencies. Disclose this extra charge to clients in your fee agreement. In addition, you may also want to consider having a separate line at home for these client emergencies.
Resources
Is this correct?
Have you noticed that as the years go by, you forget the rules of proper grammar and punctuation? (I personally have already forgotten everything I learned in elementary and high school.) Poor grammar in a letter or other document can cast the wrong impression. Well, help is on the way via the World Wide Web. Try www.millernash.com/msgrammar --a law firm web site with help for us grammatically challenged lawyers! Or bookmark <http://webster.comment.edu/HP/pages/darlin g/grammar.htm, loaded with lots of resources, including "Ask Grammar," a way to ask a college professor your most intimate grammar questions for free! Another web site with on-line assistance and a downloadable computer program that goes beyond the grammar functions in your word processor is <http://englishplus.com/grammar.
Uncle Sam is Coming!
April 15 has come and gone, but there’s always next year. The IRS publishes the Tax Guide for Small Business that contains information about federal tax laws that apply to small businesses. The publication includes information on the major forms of business organization, accounting practices, the tax aspects of assets, income, expenses, and employer tax obligations. Contact the IRS at 800/TAX-1040 or www.irs.ustreas.gov/cgi/formorder.
Endless Possibilities
This week's tip involves an innocuous little web site with great potential for lawyers. The site, www.anybirthday.com, allows you to find the birth date of over 135 million Americans. While the site allows you to send birthday gifts, etc., it can also come in handy to check or confirm birth dates for law-related activities. (Query: Would it be legal to look up the birth date of a job applicant?) It doesn't always find the person, but it does state that Ross L. Kodner was born July 27, 1961; Bruce Dorner was born November 3, 1949; and Jennifer rose was born....well, you get the point. Have fun!
Malpractice Insurance
If you do not have malpractice insurance or you are reviewing your present coverage, there is a new book available to help you make the right choice. The ABA Standing Committee on Lawyers' Professional Liability recently published a very helpful workbook entitled "Selecting Legal Malpractice Insurance." The book provides easy-to-understand information About malpractice insurance policies, a glossary of terms, insurance policy checklists, a pull-out comparison chart to help you choose a policy, and a state-by-state listing of malpractice insurance carriers. A real deal at $15.00 plus $3.95 shipping. Available at http://www.abanet.org/legalservices/lplpubs.html or by calling the ABA at 1-800-285-2221. There is also an on-line version that is available for free (also a real deal) at http://www.abanet.org/legalservices/pl/home.html
Call to make sure!
Here's a tip for personal injury attorneys and anyone else who writes checks from a trust account on behalf of clients: Take a minute before writing each check to call the payee to confirm the proper name and address to send the check. This simple phone call will help reduce the complaints from medical providers and others claiming they were never paid; you also won't have the hassle of reissuing a new check and stopping payment on the old check. And, since the check goes immediately to the proper address, it will help reduce the late-cashing of checks that can put a glitch in your trust account reconciliation process.
Internet Service
Looking for a new Internet service provider in your area? Wonder who offers DSL or 64Kb connectivity? Wonder whether you're getting a competitive price for your T1? Log onto the internet ISP list, enter your area code, and it will bring up all the internet service providers that service your area, along with information on pricing, types of services, and with direct links to the ISP for additional information and ordering. http://thelist.internet.com/areacode.html
Help is on the way!
A fairly new product for family law practitioners called Kidmate. Kidmate is the first computer program to help parents, lawyers, mediators, and the court negotiate a custodial parenting plan. It contains a Timesharing Organizer, Record-Keeper, and Expense Keeper to help plan custodial/visitation times, keep track of disagreements, and track expenses. It also helps calculate child support. Visit http://www.kidmate.com/html/reviews. html to learn more.
Patches and Updates
You should check the Internet site of all of the software that you use in your office three or four times a year for patches, plugs, service packs or updates. Many software packages are released these days with numerous bugs and problems. Patches and service packs are generally free. You just have to download and install them. You should take advantage of the free improvements and fixes offered by the software companies. You'll need to know the version of your software to see if you need a patch. You can find this out by clicking "Help" and then "About." Write down the version number. Then go to the software manufacturer's web site and see if there are suggested improvements. If you don't want to do this all by yourself, there are several on-line utilities that will do this for you. Norton LiveUpdate Pro http://www.nortonweb.com and McAffee Clinic http://www.mcafee.com/centers/clinic/ will do this for you for about $30 per year. Or try Updates.com http://updates.zdnet.com/, a free service of the ZiffDavis on-line empire. If you've had your software for quite a while, the odds are that there awesome free improvements for it out there just waiting for you to take advantage of them. Oh, and remember: Do a back-up BEFORE you update! :-)
The Federal Government
The site is http://www.info.gov/, and it is the premier gateway to find information about the federal government. Need to know the status of a bill pending in the U.S. House of Representatives? (202/225-1772) Need to contact the Defense Nuclear Facilities Safety Board? (1-800-7884016) Want to know if a toy that injured your client has been recalled by the Consumer Product Safety Commission? It's just two clicks away. Obscure or obvious, this site is THE place to start surfing when you need information about the federal government. The site can also quickly lead you to state and local government information.
Service Agents
Ever wondered how to find out the service agent for a foreign corporation? Most of them can now be found at no charge over the Internet. Maryland attorney Terry Berger just decided to catalog all of the various Addresses into one web page. The result is both impressive and VERY helpful. http://www.geocities.com/resident_agent _info/residentagent.html>
Lay down your heavy load.
Would you like to carry statutes and rules to court without the weight and Hassle of books? www.memoware.com has a large repository of useful legal Documents, such as the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, California Civil Code, Florida felony statutes, US Federal Sentencing Guidelines, and the US Bankruptcy Code, available free to download into your Palm or other PDA. Most of these documents can be read with common PDA document readers, but just in case you don't have one, memoware.com has a full list of shareware and freeware document readers. (http://www.memoware.com/mwhelpf.htm) Oh, and they have documents on other topics too.
Time Zones
Ever get a phone message from a potential client or traveling client and not recognize the area code? Do you defer returning the phone call because you are not sure if it is too late or too early to call in that area code? Thanks to a freeware utility called Quick Info, you can immediately check the location and time zone of the unknown area code. And once you set this utility to your time zone, it will show you the current time for over 2000 cities around the world. The free download is available at http://www.zdnet.com/downloads/storie s/info/0,,000GSA,.html
Computer Tips
It’s your Desktop.
The point of the Desktop in Windows 95 and 98 was to customize the Desktop for your particular uses, but few lawyers do. Organizing your Desktop for the way YOU work will save you time and aggravation. Make the Windows Desktop YOUR desktop. Here's a quick way to start. 1)Open a new folder on your Desktop and name it "Things that used to be on my Desktop." 2) Click on that folder to open it. 3) Drag the icons for everything that you do not use at least one a week into the "Things that used to be on my Desktop“ folder. Don't worry, you’ll know exactly where they are and can always move them back. Do Not Try to move the My Computer icon and some others may refuse to be moved. Then minimize or close the "Things" folder. 4) Go to a blank place on the Desktop- Right Click - Select Arrange Icons and then Auto-arrange. Doesn't that look nicer? 5) Next click on My Computer, then the Hard Drive letter where your forms are, until you get down to the My Files folder, My Documents Folder or wherever you keep your five or six most frequently used forms. Hold down the Control key and use your mouse to drag copies of these icons out onto the Desktop. Then close the My Files (or whatever) folder. 6) Right click on each one of these icons you have just brought to the Desktop and use Rename to give them nice long Descriptive names like "New Client Information Sheet," "Contingency Attorney Fee Contract," "Hourly Attorney Fee Contract," "Conflicts Memo,“and "Probate Checklist." 7) Right click again on each of these icons and select Properties, Under Attributes- Click the Read Only box and then OK. (This will force you to save the resulting file with a new name and ensure you don't accidentally overwrite your form.When you do want to change your form document, you can use these steps to "un-check" the read only box.) 8) If any other icons for non word-processing functions also needed to be placed onto your desktop, just repeat steps 5 and 6 for them. Look for programs under Program Files. 9) Repeat step number 4 to make it look pretty. 10) Minimize or close all open windows. Right click on the My Computer icon and use Rename to change My Computer to something more personal like "Betty's Computer" or "I am the Ruler of the Universe." Take a breather and admire your much-improved Windows Desktop. Then contemplate what else should be added to or removed from your Desktop.
Windows Shortcuts
The MS Windows logo key on the lower left of your keyboard (often between Ctrl and Alt) can be used as a shortcut to many Windows functions. Use the Windows key in conjunction with the appropriate letter key to achieve the following results: Windows-C opens control panel Windows-E opens Windows Explorer Windows-F starts Find files/folders Windows-I displays mouse properties dialog box Windows-K displays keyboard properties box Windows-L logoff dialog box Windows-M minimizes all open windows Windows-Shift-M undoes minimize Windows-R displays Run dialog box Windows-F1 starts Help
The Mouse is your Friend.
If you are learning a new software application or program and seem to be stuck, try right-mouse clicking to view additional options. You may find short cuts to some very useful parts of the application, plus find a quick way to do some everyday things like cutting and pasting. And best of all, if the rightmouse menu doesn't contain what you need, you can easily click out of the menu via a normal left-mouse click. So regardless of what program you are working in, stop now and Right-Mouse Click! (Note for left-handed individuals: You can configure your mouse so that your right-mouse click is really a left-mouse click under the Buttons tab in Start/Settings/Control Panel/Mouse.)
Documentation
When you make changes to software or hardware on any individual computer or your server(s), including installation of any upgrades or patches, be sure to document what you've done. This makes it much easier to troubleshoot any difficulties later or to recreate your system if it crashes. It's a great idea to create a master log on the network (make it read-only, with only authorized people making changes) so everyone can access the information. Be sure to print a copy every time you make a change and keep it in a notebook or file, since if your computer crashes you don't want to also lose the documentation on your tweaks to the system.
Filing Tips
Thank You
Create a "Thank You" file. In it should go the letters from satisfied clients, the replies from speaking engagements, the Little League support letter-anything that demonstrates that you are making a positive difference in someone's life. What gets measured gets done. Start measuring the impact that you are having on the world. After all, it’s a wonderful life!
See it clearly.
Increase the font size on your wills, trusts, cover letters and other form documents often read by elderly, or soon to be elderly clients. They will appreciate this small touch for many years to come.
Color Coding
Many lawyers use the same ivory-colored files for everything in their office: Client files, research files, business files, financial files, etc. When you need to locate a file, the only way to differentiate between files is to look at the writing on the tab of each file. Even if you have a color-coded numbering system along the edge of the file, it's still not easy to find the one file you need among all the files on your desk or in your office So how can you quickly find the one file you need among the many? Color code your files. Use a different color file for each type of file. Client files can be one color. Or you can have a different color file for each substantive area of your practice (family law, T&E, etc.). The business files for your practice can be another color, research files can be another. Think about how your practice works, and which types of files would best be colorcoded. Don't try to do too many colors--three to five works best. Each time you go searching for a file look only at the files of that color. You'll save time and aggravation each time you need to find a file.
Copies for the Client
When you are engaged by a new client, provide him or her with a sturdy file folder bearing a label with your firm's name, address, phone and fax numbers, e-mail, etc. Place a signed copy of the fee agreement in the file as the first document.Further explain to the client that you will be sending copies of everything related to the case, both documents you generate and those you receive, and that the client should place these documents in the file immediately when received. Many clients don't have an adequate at-home filing system; the things you send, therefore, may end up on the kitchen counter decorated with applesauce or as someone's telephone message slip. By the end of representation (or at any point in between), your client will have a complete copy of their file.
Back It Up!
The information stored on your office computers should be periodically duplicated (backed up) onto tapes or disks, and stored at an off-site location. These tapes/disks should not only encompass client information, but firm financial information. An undamaged back-up tape of your most recent billing cycle will keep your cash flowing and save immeasurable hours of lost time and aggravation. (Remember to periodically restore a sample file from the tape/disk to make sure your backup system is really working.)
Destroying files
Many lawyers decide to retain a client's file after the case is closed. It's a service to the client, protection against possible future claims, and a client-retention device. Nonetheless, the file remains the client's property in our jurisdiction. In fact, if you do keep the file, you are required to keep it for a minimum of five years. (See D.C. Bar Legal Ethics Opinion 283.) So what happens with this file after you have held it for proper time, then decide the cost of storage is too great? Can you merely discard or destroy the file? Because it is the client's property you must first try to locate the client and return their property. This can be time-consuming and often fruitless. So what's a lawyer to do? Put a provision in your fee agreement that allows you to destroy or discard the file after a stated time period. State that you will retain the file for them, unless they request it sooner. State that if they do not request you to return the file, that you will discard or destroy the file at the end of a "blank" years--whatever you think is appropriate for your practice and under your bar's rules. Finally, let them know that signing the fee agreement gives you permission to destroy or discard the file.
Office Tips
Networking
Host a social gathering. Invite friends, colleagues and business acquaintances to periodic social gatherings. Call people in the news. When you read newspaper or magazine articles of interest to your practice, circle the names of the individuals who are quoted in the articles. Call the ones who you would like to get to know. Use their quote as an icebreaker. Then ask a follow-up question to keep the conversation moving. If things go well, add them to your contact list. Volunteer to be the secretary or scribe. When you are newly active in an organization, it is sometimes hard to get to know other members. When you attend a function, volunteer to take notes of the meeting or write an article about the event for the organization's newsletter. You then have a good reason to call the other members and introduce yourself while preparing the minutes or article.
The Unwanted File
Is there a file in the office that you just can't stand to look at? (It's often related to a client you really can't stand.) Has it been languishing on the corner of your desk or just out of sight on your credenza? Is a deadline approaching or recently passed? You know you’ve got to tackle it, but just can't seem to get started? These unwanted files are a major cause of grievance and malpractice complaints, and can cause the premature end of a lawyer's career. And almost every lawyer has one of these "dog" files. Sobering, yes, but how does one deal with the "dog" file? Here are several ways to get moving on it and extract yourself from a potentially dangerous problem: . If you are in a small firm, trade the file with a colleague. Approach your partner or another associate and offer to trade your "dog” file for hers. At least this way you don't already have problems with the client. Open the file and start working on it immediately. (And that means RIGHT NOW!) Sometimes our own procrastination is the real problem. Just open the file and start reading it, as ideas and tasks come to mind, write them down. Work on the file for a minimum of thirty minutes. If you can, work longer. When you can't work anymore, schedule time on your calendar to work on it again tomorrow. As you re-familiarize yourself with the file, it will become easier to work on.
Marketing Tips
1. Print law firm business cards for each staff member, including their name and title. Provide some practice on how to give (and take) business cards; encourage them to give out the cards in appropriate circumstances. 2. Send thank you letters to judges, witnesses, and personnel from the court room and clerk's office. 3. Every person you meet is a potential client or potential recommender of a client.
Ten, Nine, Eight…..
With all the papers and documents that are piled up in our offices, it becomes overwhelming and often times downright discouraging to even think about dealing with them. As a result, we let things get worse and worse until we start misplacing important documents and clients wonder about our organization skills. One approach is to take it in little pieces. Several times a week set a short term goal of ten minutes to go through a growing stack of papers that need to be filed or trashed. That way, you can accomplish something without feeling you need to get everything done. When the ten minutes is over, you may feel so good that you may actually want to continue and finish much more! Also try to take advantage of the extra time when a meeting suddenly cancels; try to use the extra time to go deeper into the stacks of paper. If you cull through and throw out the junk first, then go back to read and file things, the job is easier.
Outside the box
Think outside the box when it comes to your business card. Plain white rectangular business cards are always good to have, but why not create a card that really expresses your personality? I received the bright yellow business card of a "lemon law" lawyer more than a year ago. His card was easy to locate recently when a friend of mine needed a referral. Think of ways to change the size, shape, color and content of your business card to reflect your practice. It may not be for everyone, but "Outside-the-box" business cards mean more business!
The Receptionist
The receptionist is the person who makes the initial contact with almost everyone seeking to do business with you. Yet often the receptionist is the most underpaid, unappreciated and under-trained person in the office. The receptionist can make a big difference in everything from losing a client to the initiation of a bar complaint proceeding. Compare the impact of the following two responses to an angry client who has not had a phone call returned. (1) Yes, I gave him the message. There's nothing else I can do about it. (2) Mr. Atty is usually very good about returning his phone calls. He has been in court all day. I'll try and make sure someone gets back to you as soon as possible. Make sure that those answering the phone or stationed in the reception area are continually encouraged to be friendly problem solvers. If you have turn-over at the receptionist position, consider having some written guidelines, including responses to difficult situations.
Bills
Make your bills clear and informative, with a format and layout that is easy to read. Ask several clients, your spouse or other non-lawyer to review several samples of your bills—with names and addresses redacted, of course! Is the wording free of jargon? Do they understand what work was performed? Can they understand how the amount of the bill was calculated? If so, you probably have a winning format that your clients will respect and pay.
Postal Supplies
How many times do you have to send something to a client, opposing counsel, relative, or friend, but have to make the trip to the post office to get the right box or envelope for Priority or Express Mail? It seems that's just one more reason to procrastinate. And then when you go to the post office you always have to find the correct box/envelope and labels, remember to bring the address, stand in line to have it weighed, and pay for the postage (and, is applicable, remember to write down the business expense!) Now, have your postal supplies delivered free of charge (not even any postage costs) to your office! Prepare the package in the comfort of your office! Then drop off it off on your way home, or call the USPS to pick up your Express Mail for an extra charge. Saves both time and frustration! Go to http://www.usps.gov & then "SHOP" & then "ORDER POSTAL SUPPLIES."
Notification
An attorney/law firm would never move its office without providing notice to clients, vendors, courts, and the community-at-large. In addition, the firm would ensure a forwarding notice was in effect with the postal service for at least six months, usually for a full year. Why is it that when an attorney/law firm changes something as important as its email address, it often provides no notification at all? If you change email addresses, take the time to send an email notice to all those in your address book. You can preserve confidentiality of your mailing list by using the "BCC" address line of the email. No one will see the address of anyone else you’ve addressed the email to. You should also keep the old service up and running for at least several months to know who to send second and third reminders to. Include a notice with firm newsletter mailings, billings, and in small print on the bottom of a letter if your letterhead includes your email address.
Personal Tips
Self Evaluation
At least once a year it's a good idea to block off sufficient time to evaluate our systems, equipment, work performance (of attorneys and staff), our client relations, office morale and our physical facilities and furnishings. Here are some other quick and easy self audit questions you can ask at any time without advance planning or calendaring: * If attitudes are contagious, is mine worth catching? If not, what can you do to change your attitude? * If I had to exchange places with my staff, would I like working for someone like me? If not, how can you improve your supervisory skills (e.g. a dose of thoughtfulness, by giving clearer instructions, by organizing and prioritizing your time better, etc.) * Do all of your staff members practice professional and courteous phone etiquette? If not, are you proud of the impression about the firm they are giving to clients and others? * Are you doing your part to hone your technology skills in order to fully benefit from the power of your firm's software programs? If not, could you take at least one hour a week to focus on improving your skills and learning more about the software packages used in your practice? * Have you asked for your clients input regarding their satisfaction with services and treatment received so far? If not and you have some disgruntled troops out there, are you ready to explain the situation to the State Bar when a grievance is filed against you?
Take Care of Yourself
1. Exercise: Exercise is one of the most effective anti stress, and anti-depression tools in behavioral medicine. Try to build reasonable steps to a new lifestyle of increased exercise. Do what you enjoy most: Aerobics, short walk, take the stairs, sports etc. 2. Try relaxation exercises: Take a five-minute break each afternoon and practice "Imagery"--a popular relaxation technique. Imagery is sitting back and remembering a favorite event such as a vacation or a round of golf. Try to use all of your senses (the sound of the surf, the smell of the salt air, the feel of the sun on your skin, the colors of the setting sun) and take poetic license (a golf game can be your favorite 18 holes played all together). 3. Practice good nutrition (and not because your mother said so): Improved nutrition is a very important aspect of behavioral medicine. Lighter meals and less excess weight yield increased energy. Increasing fruits and vegetables (even by one serving per day) is effective. Research has shown that small achievable steps toward a lifestyle change are more enduring and thus more effective than large changes.
Time is money!
Ben Franklin said "Time is money." And who should know that better than lawyers? Keep yourself on time using an atomic clock. Not on your desk, on your desktop PC! You can manually sync your watch and PC to the exact time using http://www.time.gov, a public service of the US government. Or download a freeware or shareware program that will automatically update your PC to the exact time in your time zone by linking to atomic clocks in various parts of the world. Check out http://winfiles.cnet.com/apps/98/clock.htm l for time synchronization programs (such as the highly-rated Atomtime98) and other timers for you and your PC.
Cut-off Dates
Take the time to find out the monthly cut-off date for each client's bill-paying cycle. Try to time your bill to arrive before the cut-off date each month, so that it does not wait around for another month's cycle. This may mean doing your bills in several small batches, but it is sure to improve your cashflow!
Summer
Let’s talk about summer; are you taking a vacation this year? Psychologists agree vacations are a way to take a break from a busy, stressful schedule. But don't fall into two common traps: Don't overplan your vacation. Scheduling too many things can be counterproductive to a relaxing vacation. Avoid rushing to do anything, and leave time to be spontaneous. And just make time to do nothing. If you feel you must bring along work, laptop or cell phone, limit the amount of time you spend using them. Otherwise, you are cheating yourself and your family out of a meaningful, refreshing experience.
Time Management
When you get a new case/project/task do something on it almost immediately no matter how small - begin anywhere - just do something. It can be something as simple as making a file folder and putting a note in it. Even if the deadline for the project is far off, it is helpful to do something on it. You can put the project away until you are ready to continue working on it. You can work on some small part of it on and off and when you are ready to spend more time on it, you will be "completing" the project and not "starting" it. In addition you may want to put some reminders to work on it in your electronic tickler, such as Outlook. This really helps to stay on top of projects and minimizes the constant feeling of being overwhelmed by projects whose deadlines are approaching.
A training lunch
As the immortal Yogi Berra said, "You got To be careful if you don't know where you're going, because you might not get there. “ Two things should never stop in your law firm-training and marketing. You need a year-round, career-long commitment to both marketing and training. Docket training and marketing goals just like court deadlines. Set goals for a set number of luncheons each month with possible sources Of new business. Every three months have a "training lunch" where one staff member Teaches a few new tricks to the rest of you. Let someone develop macros or other document automation and then show the rest of you.
The Two Minute Rule
If you pick up a file, document, letter, or phone message, and can get it done in two minutes or less, do it immediately! If it will take longer than two minutes, quickly assign it a high, medium or low priority, then add it to your "to do" list. Now get it off your desk and out of your mind until it comes up on your "to do“ List again. Try this for several days, and see if it helps you get your work done!
