Articles

Job descriptions

Job descriptions will disappear, according to futurist Roger Herman. eplacing them will be role descriptions and individualized


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In the land of the fee

Profit is an insidious word in New Zealand. According to a recent study, the setting of goals, driven by the desire for profit, is the reason for overbilling. (more…)


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Lawyer advertising – again

New York is considering creating a commission to review lawyer advertising.

The idea is to make sure that lawyers advertising enhances the image of lawyers.

But, with the right to advertise given to lawyers, who will draw the line on what can be said … beyond truth and no false claims of success … why should lawyers be treated differently than any other profession in regulating its advertising?

Why do bar associations continue to think that the legal profession is different than other service professions? This is where arrogance starts.


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Client service – an update and different perspective

Carolyn, in response to my comment about client responsiveness, suggests that fast response is not always possible. I agree.

There are some options, however, that one can apply to achieve a similar result. First, if you are busy and employ one or more staff, have the staff person set up an appointment for you when you will be available. That might be later that day, in the evening or the following day. The fact that the client knows you will call at a time certain is most often sufficient.

Studies have shown that most calls are process calls, calls that the staff person can answer. So much the better! Thus, you, the lawyer, have to deal with only 20% of the calls anyway … and can call the client back when you’re available.

If you’re a true solo and have no one to set up such an appointment, you must find a way to manage the clients expectations. Do this in the first intake session with the client. Tell the client that if you don’t answer the phone or return the call within two hours (or something of this nature), it’s because you are in court or otherwise just unable to respond. But, have no fear, you will call in the evening or early morning, depending on the client’s preference. Managing the clients expectations from the very beginning will avoid disappointment and anger by the client.


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Departing lawyer copies firm’s documents

The question was asked: Can a departing lawyer copy documents from files of the “old” firm?

There may be consensus that that is not appropriate where the objective of the departing lawyer is to take clients from the firm as he/she leaves.

There is less agreement where there is not “some other nefarious purpose” such as seeking to have a body of work, form files, from which to commence new work for new clients in the new law firm.

The “other nefarious purpose,” however, relates to violation of copyright law. Even if the lawyer created the product himself, the copyright protection attaches to the documents and resides with the law firm … analogous to “work for hire” in which the creator has no proprietary rights. Those rights belong to the person/entity that paid for the work.

Stealing the client need not be the issue, but “stealing” the work product of the firm is …

And there is another perspective: “The file and its contents always belong to the client, and neither the firm or a departing lawyer. You need permission from your client to move the file…I personally think you can keep a copy, but you would not have property or intellectual property rights attached to it since the work product belongs to the client.” Joan M. Swartz

What is correct and what is enforced, however, may be two different things … and the suggestion that agreement and being up front is better and always the safest bet, especially if there is any possibility of getting future referral work.


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Managing litigation

Noted physicist Freeman Dyson once said: “The technologies which have had the most profound effects on human life are usually simple.” While he was most likely not referring to index cards in particular, he was referring to the fact that sometimes the simplest solutions work best.

Reference here is to an article about the use of 3 x 5 index cards. Very simple, yet ingenious.

I recommend that you look at www.technolawyer about this subject … an interesting article.


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26% of Your Profitability Is In Your Hands

Is your firm as profitable as it could be? How does it measure up vis-a-vis its peer group? And what defines that “peer group,” precisely? Do you ever wonder what you could do to improve its margins? Structurally or strategically, precisely what would that entail?

A very interesting article. Worth the time to read … and study the underlining information.


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