Articles

Small firm hiring is flat

A recent NALP survey suggests that associates in large firms feel free to make lateral moves from one law firm to another … and that  such movement in small firms is neglible. (more…)


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Marketing is taking advantage of an opportunity, even if it is E.coli

The Wall Street Journal, in September 27th edition, Marketplace, healines: "How a Tiny Law Firm Made Hay Out of Tainted Spinach."

Marler Clark, a law firm in the State of Washington, filed its first bad spinach lawsuit before all the ballyhoo started. Now, they represent 76 clients injured by the E. coli outbreak. Only 6 lawyers, the firm’s reputation for handling food-borne illnesses is quite extensive. That’s specialization! And that’s marketing expertise!  Using the Internet, with many web sites and blogs, plus traditional marketing (such as the license plate on a car), the firm has spread awareness of its expertise.

A masterful job, Mr. Marler.


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Can clients pay their legal bills with a credit card?

One of the top axioms of sales is that the vendor of goods and services must make it easy to pay for the goods and services purchased. Difficulty in accepting payment will cause the customer to look elsewhere. At a personal level, I cannot tell you how many times I’ve started to buy something and turned away in mid-stream because the payment process was too difficult.

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Have you delegated your firm’s management function? Has that created a “black hole” for violating the RPC?

Another rule change being considered by The State Bar of California is Rule 5.1 concerning the responsibilities of supervising lawyers.  The rule provides that partners and other lawyers with managerial authority in a law firm must make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurances that all lawyers in the firm conform to the Rules of Professional Conduct.

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Cash Is Still “King!”

In Law Practice Today, current (September) issue, there are two articles dealing with financial yardsticks you can use to review and know how your law firm really is working, well or not so well.

And, in the same issue, see the article about collecting your fees … just in case you are not collecting 100% of your billed fees.


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Benchmarking financial performance of law firms – What does this mean for us?

At a conference last week in Nashville, TN, sponsored by Juris, Inc. and Citigroup Private Bank, among others, the topic was financial bench marking for law firms.

Kudos to those involved.

Benchmarking, according to the presenters, can be used for several purposes:
    a.    Explore operating deficiencies in the law firm
    b.    Understand where you are currently relative to your goals
    c.    Fact-based information to gain consensus among your colleagues

Is this a new fad? Or a new management tool? Industry has used this technique for many years. Several studies in the legal community have given us measurements in the past … but, there never has been the concerted effort there is today.

As the contrarian that I am, I will assert that this information is helpful … Helpful, but should not be controlling. The only thing that matters, in my opinion, is what your goals and strategies are … not what someone else’s may be. Yes, we live in a competitive world. And, to some extent, their performance may impact us. However, we must act in accord with  what fits with our firm’s culture, with the capabilities of our personnel, and with the aspirations we have, not those of our competitors. Fortunately, there are enough clients in the world that there is room for us to live nicely. The benchmarking should be used as a guide to suggest areas where we might improve … but not as a mandate for change that is inconsistent with our firm’s culture.

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What is your duty to the client? Lawyer beware!

Norm Pattis asks an interesting question.

"Lawyer cops among us appear to demand that the client be coddled at all costs. I recently put the following question to an ethics panel: Suppose in a case you come to believe that a certain issue is without merit. Are you obliged to obtain your client’s consent before withdrawing the claim? The unanimous decision was "yes." If a client insists on pursuing a meritless claim, then you must do what the client wants, whether it makes sense or not…

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