Category: Marketing
Someone asked what I think of an attorney charging a client for work done while he/she is on vacation?
The comment, specifically, was: "Attorneys do need a vacation… what do you think about attorneys that (sic) file Notice of Unavailability and charge clients for work performed while on there (sic) vacation."
Wherever and whenever an attorney performs legal services, he/she should be able to charge for the work done so long as it is in compliance with the engagement agreement. There is normally no exception for work done for clients while on vacation or after "normal" business hours. So I don’t see any problem here, unless there is a subsidiary inference that the attorney is not truly working or working at a slower pace than would have been the case if he/she were elsewhere.
As an additional point, I believe (as I’ve said quite some time ago) that the attorney has the right to charge the client for preparing and filing (and even appearing in court thereon) the Notice of Unavailability. But for the notice, the attorney might have to spend much more time defending against notices/motions if the adversary takes advantage of the attorney’s absence on vacation …
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Nick Abrahams, chair of the Sydney, Australia office of Deacons, which has branches throughout Asia, discussed his firm’s survey on technology.
The survey, among other things, that "If you’re over 35, you’re the loneliest person on Facebook because only 1 percent of workers in that age group are using it." But a quarter of the survey respondents between 25 and 34 are on Facebook, he said, and for workers under 25, the rate of Facebook users increases to a third of those surveyed.
It is still early to discern how the new social networking sites will impact a law firm’s marketing efforts; but, it is clear that these sites will not disappear in the new future … and lawyers will need to pay attention to whether these sites can benefit them in the market places in which they operate.
I don’t think we’ve yet got to the "tipping point" in this phenomenon, though we seem to be getting closer and closer with ever greater speed.
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Linda Kaplan was another leader who appeared at the National Speakers Association. She is a legendary marketing guru and founder of The Kaplan Thaler Group, a billion dollar advertising agency. Her book, The Power of Nice, is a best seller.
Unlike Leo Durocher’s famous statement that "nice guys finish last," she believes that "nice girls finish first." After all, she asserts, people like to buy from people they like … And we generally don’t like people who are not nice to us. Kaplan says it’s easier to be mean and gruff. It takes a special effort to be nice. Paraphrasing a saying my mother used so often, "You get more with honey than with vinegar."
This seems so obvious to me, but obviously is something that our profession finds so difficult to understand. Many Bars have adopted "Lawyer Civility Codes." Why should this even be needed? Quoting an infamous source, "Why can’t we all just get along?" Why is it that we need be rude and obnoxious to our adversaries? Do we truly believe that such conduct will win us points or cause our client’s position to be moved forward? On the contrary, such behavior often merely entrenches the opposition further. Being nice, courteous and kind requires neither that we be a doormat nor that we cave in to our adversary’s position … we can stand forthright to advocate our client’s interest and position, yet still be civil and nice.
Again paraphrasing, "Try it, you might like it." Certainly, there will be reduced stress all around.
P.S. This works with colleagues and staff as well.
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Marketers have frequently complained that marketers are not given a “seat at the table” of law firm management. The Legal Marketing Association, in Strategies: The Journal of Legal Marketing, recently expressed the organization’s new definition of marketing: “Marketing is the activity, set of institutions and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners and society at large.”
That’s a pretty broad statement, yet lacks simplicity and directness. This may be one reason why the seat at the table is still denied to many who claim the title “marketer.” (more…)
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Alan Weiss, The Million Dollar Consultant® asked the following questions: “What do you do when you have a great deal of work and still more requests? In other words, what do you do with an embarrassment of riches to ensure that you retain as much business as possible?” (more…)
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A recently released report from the Eversheds international law firm discusses some conclusions for the future of the legal profession. One of the elements not really addressed in my reading of the release was the disconnect between lawyers and their clients in large corporate enterprises. Why should this be the case? Why should lawyers and the folks they represent be far apart in their thinking about the profession and how it is being conducted?
There is no simple conclusion. But one element may very well be that clients (General Counsel) feel pressure down from their CEOs and Boards of Directors. They need to be more price and cost sensitive. Partners in larger law firms, on the other hand, want larger compensation packages for themselves in order to be seen as peers of the CEOs who are earning far more than in the past; lawyers do not want to be seen as vendors, but as peers … and frequently compensation is a factor in this perspective. Of course, it’s hard to be a peer with a CEO whose average compensation went from 4:1 to 17 and even 34:1 between him/her and the average employee working for him. And it’s a bit disingenuous for that executive to say that lawyers’ fees are too high. Even in companies whose stock is falling, or whose profits are falling, it is rare to see the CEO offering to reduce his/her compensation.
Here are some of the key findings of the research report and my thoughts related thereto:
(more…)
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It’s very hot where I am today — over 100 degrees. Many parts of our country are facing one natural disaster or another. Sweltering heat, overrun rivers, fires, etc. You name it, and Nature seems to be telling us that she is in control, not us. Can we do something to address Nature’s wrath? In many cases, the answer is yes … be sure we have enough power for air conditioning, build the levees well enough to withstand the "500 year storm," etc. You get the idea. There must be the political will to do this.
Likewise, in our law practice. Clients get angry with us, they have financial reverses, they didn’t get the result they expected or, for some unknown reason, they just don’t pay their bill. Can we do something to avoid this situation? More so than with weather, the answer is "yes." We can be more proactive in both our intake session — setting reasonable expectations — and we can be more vigilant monitoring our clients’ behavior after our billings are mailed, making sure we get paid for work we do or we stop working before the client will be prejudiced by our cessation.
I discuss some of these scenarios in my book, Collecting Your Fee: Getting Paid from Intake to Invoice, which is mentioned in today’s LawBiz® Tips alongside my article, "If All Else Fails, Sue."
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New York’s Attorney General announced a settlement with two law firms who will pay $500,000, plus, to avoid prosecution.
There is a new twist raised in these cases. Under the "double billing" phenomenon, a lawyer cannot bill two clients for the same minute of time. When using the hourly billing system, you can bill only one client for each segment of time to be billed. In other words, when waiting in court for a matter to be called, and billing client A for that time, the lawyer cannot bill client B for that same waiting time though he/she is doing other work for client B pending the call of the court. Or, while charging client A for travel time, the lawyer cannot charge client B for working on his matter on the plane.
The new twist is that lawyers in two law firms were listed as employees of the New York State’s pension funds. This gave them retirement credits from the funds even though they either did no work at all for the funds or were gainfully employed and paid by the law firms, not the funds. This takes "double billing" to entirely new level!
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The client’s perception of value determines whether the price we charge is reasonable for the service provided. Demonstrating value lets you make a convincing case about raising your fees. (more…)
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West LegalEdcenter will host a LawBiz program entitled, The Budget as the Foundation of an Engagement. Why should you think about creating a budget, a budget for the practice, a budget for the client matter? Create a budget only if you want to get paid!
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