Articles
Most lawyers work on Main Street, not Wall Street. Yet all lawyers are impacted by the American Bar Association’s social and political efforts. In my opinion, the single most important power given to the President of the United States is the appointment of Supreme Court justices. It is unfortunate that this process is so tainted today by political ideology and so very fortunate that the ABA is there as an independent third party to challenge the process. That may be its most important function.
However, as the Executive Director of the ABA, Henry F. White, Jr., at the ABA’s Solo Caucus in Los Angeles’ Mid-Year meeting, February 10th, said, “At the end of the day, it’s all about money, despite the goodness.” He, and his fellow panelists, M. Joe Crosthwait, Jr. (moderator), Karen J. Mathis (ABA immediate past president), and H. Thomas Wells, Jr. (ABA president-elect), were preaching to the choir. (more…)
View page
In a recent poll, the following areas were said to be the greatest concern for sole and small firm practitioners:
- Income fluctuations
- Managing the practice
- Lack of help in the practice
- Isolation from other attorneys
- Inability to discuss ideas with colleagues
(more…)
View page
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.
View page
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.
View page
Civility is the new mantra for bar associations across the country. In California, last year, the then president of the State Bar created a task force to study the issue and develop a set of guidelines.
But, the legal profession merely reflects society at large. I just came across a 2007 book titled The No Asshole Rule: Building a Civilized Workplace and Surviving One That Isn’t written by Robert I. Sutton, a Stanford professor. Great title!
How about these statistics:
- The number of homicides in the workplace is up
- "Boss-icide" has doubled in 10 the last 10 years
- Workers murder 3 to 4 supervisors each month, double the number of 10 years ago
- "Going postal" is more than the post office violence
- "Desk rage" is a new term
- 27% of workers experienced on-the-job mistreatment, according to a 2000 study
- One in 6 report persistent psychological abuse
- 36% of employees reported persistent hostility from coworkers and supervisors, according to a 2002 US Department of Veterans Affairs study
- 91% of nurses experienced verbal abuse that left t hem feeling attacked, devalued or humiliated, according to a 2003 study.
One factor that seldom is discussed is the "second-hand" impact of tolerating jerks on the rest of the organization. Jerks in any organization need not … and should not … be tolerated. The costs are very high. Those law firms that have been sued, and lost, can attest to one level of cost. But there are many levels, including low morale, lost productivity and high turnover.
If our society is facing these issues, how can we expect lawyers to be more "civil" than others?
View page
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!
View page
In a recent post, Joshua Fruchter cited several statistics that I find quite interesting:
- There are more than 63 million active users on Facebook
- Since 2007, Facebook grows by more than 250,000 per year
- There’s been an average 3% growth annually since 2007
- Active users double every 6 months
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?
View page
West LegalEdcenter announces a special page for LawBiz® Podcasts:
LawBiz® Management Company works with lawyers to increase their profits and their effectiveness in the way they practice law. Ed Poll, the principal of LawBiz® Management, is a nationally recognized coach, law firm management consultant, and author. Ed has written several books and audiotapes on running a profitable law practice, and is also a syndicated columnist and frequent contributor to legal publications including: Lawyers’ Weekly, California Lawyer, The Practical Lawyer, Legal Management and other publications.
View page
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!).
View page
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.
View page
