I love Andy’s question, “It’s Valentine’s Day, Are You Still in Love With Your Business” (aka Practice)?
He gives us 3 steps to follow if we love our practice … and 3 steps, if your answer is “no,” to fall back in love with your business.
In a survey reported in the February 6th edition of USA Today, Money Section B, the question was asked: "As long as they are good at their jobs, should rude and unprofessional co-workers be tolerated?"
Respondents said "yes" (15%), "no" (84%) and "don’t know" (1%). It is clear that people are tired of bombastic behavior, at least in the workplace. Can this be translated into a more collegial, and team-oriented work environment?
Patrick Lamb, a leading proponent of "value billing" has certainly committed himself to the concept of team effort. He opened a new practice with two other partners in January 2008. Collegiality, outstanding client service and billing for value delivered (not time spent) gets promoted one step at a time. Patrick has taken that first step in his new firm. Congratulations and best wishes for his continued success.
As more lawyers succeed in this business model, perhaps others will follow. Then, perhaps, will civility in the profession be achieved.
As a side note, I’m currently reading (actually, listening) the recently published book about Lincoln and his leadership skills. I’m struck by the number of lawyers who were the leaders of our country and the large percentage of our representatives in government (House of Representatives, Senate, and State legislatures) who were lawyers. At one time, the balance substantially exceeded 50%. Contrast that to today when only around 25%, if that, of these bodies are lawyers. Perhaps the lack of civility in our society in general and the legal profession in particular, is the reason for the lack of faith in lawyers. I don’t know the reason or the answer to this dilemma. But, I do know that many lawyers are stressed, are "burned out" and are unhappy with their chosen profession.
Given this history, I am quite surprised and pleased that 3 of the viable, now 2, Democratic candidates for President are lawyers.
Massachusetts followed similar actions by Connecticut and Rhode Island. Insurance carriers are now required to send a notice to consumers whenever $5,000 or more is sent to attorneys to settle clients’ claims. The objective is to prevent fraud by lawyers; some lawyers resolve clients’ claims without the consent of their clients or endorse/forge the settlement checks and deposit the funds into their own accounts.
The theory is that knowledge by clients will prevent fraud. I’ve never known knowledge of such settlements preventing thievery. But, then, I’ve also never known clients who walk away just because a lawyer has one sentence in a fee agreement that they have no malpractice insurance.
First, there is a very small percentage of "bad apples" in the legal profession. Second, remedies such as the "disclosure" requirement are band-aids on a scab. They are not truly remedial of the cause of the problems. While the rubric is "client protection," the real protection will come from better education of lawyers, including practice management education, providing affordable malpractice insurance, and then requiring every lawyer to have malpractice insurance — real insurance, not self-insurance!
In a recent post, Joshua Fruchter cited several statistics that I find quite interesting:
Interestingly, according to Joshua and Facebook, more than half of its users are college graduates and professionals. Sounds like a good demographic for lawyers!
One challenge, though, is how many of these professional and social networking entities can one participate in … Consider, for example, LinkedIn, supposedly a primary business networking entity. And what about YouTube? One could spend an entire life in this new, virtual world … and I’m not sure that would produce the best results. So, how does one choose?
Some have taken me to task for suggesting that operating a blog is part of your business and, consequently, it’s o.k. to have help in writing your blog. This is especially true if you consider that blogging is a marketing tool and you are a busy practitioner, helping clients meet their challenges and achieve their goals. Just as it is o.k. to have a marketing expert write a firm brochure for you, it is likewise o.k. to have someone help you write your blog.
Christy Burke, a marketing and public relations expert in New York, has the following comment on this subject in a new article: "…If you have decided to start a blog, consider teaming up with another attorney to share the writing workload, hire a freelance writer to help you when you’re swamped, or stockpile a number of “canned” posts which are not time-sensitive and can be used when no news items are coming up in your field .."
There is nothing in the Rules of Professional Conduct to prevent this; there is nothing in the Rules to prevent another person from writing a brief to which you affix your name as the author (you are still the responsible attorney); and there is nothing in the Rules to prevent someone from editing your work. Nor is there a requirement that you disclose who assisted you in the performance of your obligations and work product. The point is to produce quality work, address the expectations and challenges of your clients, and earn a profit to be able to pay the folks who work for you and feed your family (that’s called running a business!).
According to one source, crisis management statistics include causes that are outside of those traditionally thought about by law firms. But, in addition to Katrina, broken pipes, etc. think about the following:
About 53% of marketing executives responding to a recent survey by BtoB and Eric Mower and Associates, said they have experienced a business crisis that resulted in negative news coverage, declining sales or reduced profitability. About the same number (57%) reported that their company does not have a crisis response plan currently in place.
Of the 43% of companies that have developed a plan, 10% worry about their ability to carry it out, and only one-half have trained spokespersons ready.
Some 23% of respondents who went through a crisis said it took three months to a year for their brand to fully recover, while 13.3% said recovery took more than two years and 17.7% said they have not yet recovered after two years.
Causes for these companies’ crises vary. A majority of survey respondents (55.7%) said layoffs, shutdowns or business foreclosures created the crisis. Some 45.2% blamed operational or services failures, 33% cited legal or ethical problems and 32.2% pointed to a competitive attack, such as negative word-of-mouth or messaging by others who have a vested interest in damaging the company.
Terri Lonier discusses how to be successful in being interviewed for print media. She should know. She’s made a success with her emphasis on Solo Working and Solo Networking.
Her main points are:
1. Return a reporter’s call or email promptly
2. Find out what the reporter is interested in writing about
3. Know what you want to say and stick to it
4. Determine how you want to be identified
5. Be a resource for the reporter
This latter point is particularly important. Even if your name doesn’t get into the story, the reporter will remember how helpful and prompt you were this time, and call you again! Being on a reporter’s "call sheet" is gold!
In my book, Collecting Your Fee: Getting Paid from Intake to Invoice, I maintain that your intake procedure is the most important step in the collection process; that an appropriate conversation with your client about payment of fees in the beginning of your relationship will almost certainly assure payment; and that a business-like approach to the pricing of legal services and collection of legal fees will assure collection of most, if not all, your outstanding billings.
However, where there is delayed payment, be sure it is not because of a legitimate complaint against you or the service provided. Given that, if the client has the ability but not the commitment to pay, you may want to consider filing suit against the former client.
You should review certain considerations before doing so: (more…)
Gretchen Neels, an etiquette and dress standards specialist (and friend), discusses in today’s Wall Street Journal how important dress is both in the courtroom drama as well as in gaining the respect of clients.
Casual day (turned into casual all the time by many) really doesn’t have a place in the minds of many traditional law firms. And we’re seeing a move back to traditional dressing standards. Only in certain areas of practice is it appropriate to dress "down." Otherwise, what Mom told us, "dress for success," really is true.
Mike Roster, former chair of ACC, and Susan Hackett, current General Counsel of ACC, presented their thoughts at a recent meeting of the Los Angeles Chapter of Legal Marketing Association.
My earlier post summarized their comments and included a few of my challenges to their concepts.
Susan has given permission to include her notes from their Power Point presentation.
The discussion has been joined. Please email your thoughts to me. We all will have a hand in the shaping of the future of our profession.