Seth Godin has the right answer: The closer you are to the pain, the higher will be the cost. Or, as a former Senator from Illinois inferred years ago, clients do not seek a lawyer until and unless they need something fixed — they are in pain!
Our new edition of LawBiz Tips is now on the stands ….
In a previous post, I talked about Lance Armstrong and his approach to success … and how he focuses on the positives in his life, even after a serious bout with cancer.
A new book, The Last Lecture, is written by someone not so lucky. He died at a young age. But before dying, his "last lecture" was videotaped; it inspired many people. They said that "they quit pitying themselves," "the lecture had persuaded them to embrace their own goodbyes," among other responses. The author said that he had "to keep having fun every day I have left, because there’s no other way to play it."
The California State Bar Board of Governors last week adopted a new professional rule of conduct. Lawyers must now advise their clients in writing when they do not carry malpractice insurance, either in their engagement agreement or in a separate document.
The rule is flawed, as I’ve argued in more than one past post. Since lawyers are skilled in finding loopholes, I suspect that this new rule will be honored in its breach … and therefore not provide meaningful protection to clients.
There are creative alternatives the 30,000 sole and small firm lawyers impacted by this rule may take to avoid the intent of the Board and its new rule: (more…)
In the May 12th edition of WSJ, Money & Investing Section, the headline says it all: "Cash Flow Reigns Once Again." The article suggests that investment decisions are now being made based on the cash flow of the company whose stock will be purchased.
What a novel concept! In the posting of another blogger, the suggestion was made that only accrual accounting tells an accurate picture of a law firm’s financial position. Yet, one can find many businesses that have good accrual financial statements but fail because they lack cash flow to sustain their business. The reverse is true. Businesses can show losses in the accrual system but have great cash flow — they collect their sales and receivables very quickly — and survive for quite a long time.
Possibly the first national law firm grew to its prominent position many years ago because of the almost fanatical focus on collecting accounts receivable. Their realization rate was very high. It is essential for lawyers today to focus on this metric to be successful.
Profits are essential, but cash is and has always been the key ingredientt for successful businesses and law practices. It is still true today … and, as the article suggests, cash reserves will enable the business to continue even through a down economy.
Paraphrasing Alan Weiss, self-esteem is the single most important challenge facing most people. Those of you who know me, know that cycling is my avocation, my passion. In connection with this, I’ve just finished reading How Lance Does It by Brad Kearns.
Of particular interest to me is how Lance Armstrong has been able to focus on his journey, not the outcomes, and thereby maintain his confidence and his self-esteem. Not that he would welcome failure, but that failure was not a factor if he prepared himself and his environment for his best effort.
Several quotes I think are particularly worth noting, at least from my perspective:
"Don’t take anything personally. Nothing others do is because of you. What others say is a projection of their own reality. When you are immune to the opinions and actions of others, you won’t be the victim of needless suffering." (by Don Miguel Ruiz in his The Four Agreements)
(more…)
The rules of professional conduct, when billing by the hour, prevent a lawyer from billing two clients for the same minute. Thus, you cannot bill one client for travel time and another client for reviewing documents, etc., while en route on the plane. Or, you cannot bill one client for the time waiting in court until his/her case is called and bill another client for other work during that same time.
How about billing clients for time not spent at all doing their work? As a young lawyer, when advised by my mentor, to be liberal with my time sheets, I took this to mean "put my thumb on the scale" when weighing meat in the butcher store. The ABA Journal tells us about a lawyer who did something similar.
I’m proud to announce that I will be one of two speakers at the prestigious Bernard E. Witkin 10th Annual Memorial Symposium on May 20th in Oakland, CA. See the announcement …
The telephone is still the best, least expensive marketing and communication tool available to us.
This week, in consecutive phone calls, I was hired for two separate, large engagements. I’m excited about both of them. And in the process, the teachings of my father many years ago came to mind. Stay by the phone. When the phone rings, and you respond, you will be hired. But, if you don’t respond, you won’t be hired. This is similar to the adage that if you don’t swing the bat, you can’t hit the ball. Marketing efforts are designed to make people aware of us and to encourage them to call.
A corollary for me was that I can’t “sell” anything to anyone. I can only hope to make people aware of my skills and availability. If they have a need, and they know who I am, they will contact me to discuss whether my skills match their needs. It is always the buyer who makes the decision, not the seller. With this mind set, then, the “seller’s” obligation is to educate the buyer about the value of the services provided and the benefits to be received … not the “features” being offered by the seller.
These are lessons learned early in my career that I believe still resonate today.
Adam Smith echoes my philosophy — and discusses the importance of the intake procedure. Collecting Your Fee from Intake to Invoice further echoes the importance of the intake process. I maintain that you can tell at the beginning, from the intake interview, whether you will get paid at the end!