Guidelines from North Carolina for billing at hourly rates were recently sent to me by Tom Grella, immediate past chair of the ABA’s Law Practice Management Section.
The focus of the opinion is whether it is reasonable to charge for email and other communications among the staff and lawyers about a client’s matter.
With tomorrow being October 8th and Columbus Day, it is time to recall the great traveler who taught is that the world is, in fact, round! He went from the East to the West.
It took Thomas Friedman to teach us that “the world is flat” by going from the West to the East!
Friedman teaches, among other things, about “outsourcing.” Many lawyers are using this principle (sometimes also called “delegation”) to lower their cost of operation and thus increase their profit. Even sole practitioners and small firm lawyers can effectively use this principle.
I encourage you to read Friedman’s book.
This week, I’m in Cleveland for two distinct presentations to Cleveland lawyers and law firm administrators. When I left home, I had a new cell phone (I really love the Motorola Razr) and everything in my life was “in order.”
On arrival yesterday, my new cell phone stopped working (my first clue that things were about to change) and my wife was desperately searching to find me to give me bad news. First, the bad news: A house that I own and rent burned down. Next, the good news: No one was hurt! The family is now displaced and needs a new place to live, but they are all fine. The fire was during the day and they were out of the house. Now, the funny news: During the aftermath, a fireman asked the tenant if he smoked, thinking that perhaps a lighted cigarette was the cause. The tenant responded: No, I don’t smoke cigarettes, only marijuana! I nearly cracked up. He obviously didn’t have advice of counsel not to make such an admission. He also claims, however, to have a medical prescription. By the way, AT&T fixed my cell phone this morning.
I’ll have to read my own book, Disaster Preparedness & Recovery Planning: A LawBiz Special Report. We just never know from whence or when or what kind of a disaster will hit! To the extent we can, we need to anticipate disasters and plan for recovery and continuity!
Recently, I heard Alpesh Bhatt speak; his presentation was fascinating and he spoke with the fervor and energy of an impassioned believer. He made the following observation:
"The organization of the future is a verb, not a noun." He continued by asking: "Who will own the stock of the organization?" He said that users will control the company; his examples include www.digg.com and other similar Internet operations such as "youtube" and "facebook." Yes, the stock of the company may be "owned" by one or two people, but the control of the operation is really in the hands of the users. He cited examples of where the users did not agree with a company policy and forced the company to retract its stand.
This is an interesting concept. I’m reminded of the phrase, "… the more things change, the more they stay the same!" I’m referring to the fact that, even in the "old days," the real control of a business was and is in the hands of consumers. Unless you have customers willing to purchase your goods or services, you have no business! Unless you have clients, there is no reason for you to have a law practice. Yes, you may technically "own" the company or law firm, but you will have no business … no revenue … without clients.
Thus, the clarion call: Treat thy clients as they would like to be treated, or you will have no clients! This is a paraphrase of Tony Alessandra’s "Platinum Rule" of asking your clients how they want to be treated, or Ben Franklin’s mantra, "… take care of the pence and the pence will take care of you."
Another way of looking at this concept is to suggest that law is a verb, not a noun; that law is constantly changing. Our courts, though they use precedents, constantly interpret the written word to mean something different in different times, always seeking to keep the law relevant to the day’s values. In other words, the law changes or is a verb, not a noun.
At the end of his presentation, Bhatt observed that business used to be about putting together the puzzle. Seven steps to this, five steps to that, etc. We will see how this process orientation is no longer appropriate. We will be asked to solve the mystery, not create a process. And if/when we bring value to the table to help our clients solve their business mystery, we will be their colleague, their "partner " in helping them solve the mystery then facing their business.
Pretty sophisticated stuff … and lawyers who can "get it," will remain the top lawyers of our profession.
During the last few days, I "manned" an exhibit booth for LawBiz at the annual California Bar Association conference. We had a drawing bowl for lawyers to place their cards to be eligible for a 2 GB flash drive daily drawing.
I am amazed at how many (a lot!) did not carry business cards with them. Don’t carry business cards if you don’t want more clients or more revenue!
And, of those that gave us their business cards, many still don’t have e-mail accounts. To me, that is like not having a telephone number on your card. How is that possible in today’s world? Again, only if you don’t want more clients … and if you don’t want people to contact you.
Put in positive framework, make it easy for people to reach you … make it easy for people to do business with you. They, generally, will not go out of their way to do so.
The tidal wave has not yet struck! That means there is still time to save ourselves.
The California State Bar Board of Governors voted today on the proposal to require disclosure to prospective clients that they do not have malpractice insurance (if they don’t). Other lawyers who are either exempt under the rule or who do have E & O coverage do not have to discuss malpractice insurance or disclose anything about the subject in their engagement agreement.
There is an interesting ABA article and ethics opinion that discusses when a lawyer, with a J.D. (Juris Doctor) can call him/herself a Dr. under Rule 7.1. State jurisdictions differ. If a Ph.D. can be called doctor, why can’t a lawyer. After all, wasn’t that one of the reasons behind the movement for J.D.s?
This is an interesting, though not earth-shattering, topic.
| Venice, CA 90291 | September 25 2007 | |
| Law Practice Management Tips and Business Secrets to Arrive Weekly
VENICE, Calif., September 25, 2007—Law business growth and management consultant Ed Poll announces the release of the new version of his free eNewsletter, LawBiz® Tips, that has a fresh updated look and is presented in a modern HTML design. Arriving weekly instead of monthly, this version offers a new twist on Poll’s already famous advice for lawyers on how to make running a law practice easier, less stressful, and more profitable. “As readers will notice in the very first issue, the new newsletter has a high value content like the old one but is now delivered in more ‘bite-size’ chunks,” says Poll, founder and president of LawBiz Management Company. Poll practiced law for 25 years, was the CEO and COO of several manufacturing businesses, and has been a consultant to small and large law firms for 15 years. “I’m excited about our new format and hope readers will find it more enjoyable.” The average issue will feature one article that focuses on a critical aspect of the reader’s law career and business, whether it is low-cost strategies to improve marketing, managing, selling, client management skills, account keeping, or employee relations. The newsletter will also cover some of the personal issues lawyers who run their own practice might feel uncomfortable discussing, such as how to improve relationships at work or what to do with a partner who is not pulling his or her weight. And just like the old newsletter, this one will still feature Ed’s own personal commentary, updating readers on upcoming speaking engagements and family news. In each issue subscribers also get: The first issue that was released today discusses why law firm managers should focus less on making money themselves and channel that energy into being a better leader and decision-maker for the firm as a whole. To sign up to receive this issue and many more, please visit www.LawBizTips.com. To schedule an interview with Ed Poll, or to find out more about his law business consulting and coaching, please contact Carolyn McKibbin at 617-230-4886 or Carolyn@ictusinitiative.com. |
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| Carolyn McKibbin (Carolyn@ictusinitiative.com) Public Relations The Ictus Initiative 343 Commercial St Boston, MA 02109 Phone : 617-230-4886 |
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Jim Arden, a California litigating attorney who focuses on attorney malpractice and legal ethics, discusses the issues of computer security. Technology is a great tool that allows us to be more effective and more efficient. Along the way, however, we can have our tools corrupted. Jim Arden delineates some of the problems with wireless computers in our current environment. Jim asks questions such as: Will your refrigerator be the transmitter of a virus to your computer network? (Did you ever think this was possible?) What security protection will you need this year? Is virus protection, spyware and firewalls enough? Listen to Jim Arden for the answers… and more.
24 minutes, 42 seconds
5.8MB
During a discussion amongst law firm chief financial officers that I moderated for the American Bar Association, one of the best practices mentioned was the use of check scanners. Coincidentally, not more than 7 weeks after that event, my bank installed a check scanner into my office.
It is a remarkable instrument that further reduces the bank float from your clients and gives you almost immediate access to "good funds." No more waiting for the "check to clear" or other excuse for delaying your use of funds. (more…)