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Someone asked what I think of an attorney charging a client for work done while he/she is on vacation?
The comment, specifically, was: "Attorneys do need a vacation… what do you think about attorneys that (sic) file Notice of Unavailability and charge clients for work performed while on there (sic) vacation."
Wherever and whenever an attorney performs legal services, he/she should be able to charge for the work done so long as it is in compliance with the engagement agreement. There is normally no exception for work done for clients while on vacation or after "normal" business hours. So I don’t see any problem here, unless there is a subsidiary inference that the attorney is not truly working or working at a slower pace than would have been the case if he/she were elsewhere.
As an additional point, I believe (as I’ve said quite some time ago) that the attorney has the right to charge the client for preparing and filing (and even appearing in court thereon) the Notice of Unavailability. But for the notice, the attorney might have to spend much more time defending against notices/motions if the adversary takes advantage of the attorney’s absence on vacation …
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Nick Abrahams, chair of the Sydney, Australia office of Deacons, which has branches throughout Asia, discussed his firm’s survey on technology.
The survey, among other things, that "If you’re over 35, you’re the loneliest person on Facebook because only 1 percent of workers in that age group are using it." But a quarter of the survey respondents between 25 and 34 are on Facebook, he said, and for workers under 25, the rate of Facebook users increases to a third of those surveyed.
It is still early to discern how the new social networking sites will impact a law firm’s marketing efforts; but, it is clear that these sites will not disappear in the new future … and lawyers will need to pay attention to whether these sites can benefit them in the market places in which they operate.
I don’t think we’ve yet got to the "tipping point" in this phenomenon, though we seem to be getting closer and closer with ever greater speed.
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Linda Kaplan was another leader who appeared at the National Speakers Association. She is a legendary marketing guru and founder of The Kaplan Thaler Group, a billion dollar advertising agency. Her book, The Power of Nice, is a best seller.
Unlike Leo Durocher’s famous statement that "nice guys finish last," she believes that "nice girls finish first." After all, she asserts, people like to buy from people they like … And we generally don’t like people who are not nice to us. Kaplan says it’s easier to be mean and gruff. It takes a special effort to be nice. Paraphrasing a saying my mother used so often, "You get more with honey than with vinegar."
This seems so obvious to me, but obviously is something that our profession finds so difficult to understand. Many Bars have adopted "Lawyer Civility Codes." Why should this even be needed? Quoting an infamous source, "Why can’t we all just get along?" Why is it that we need be rude and obnoxious to our adversaries? Do we truly believe that such conduct will win us points or cause our client’s position to be moved forward? On the contrary, such behavior often merely entrenches the opposition further. Being nice, courteous and kind requires neither that we be a doormat nor that we cave in to our adversary’s position … we can stand forthright to advocate our client’s interest and position, yet still be civil and nice.
Again paraphrasing, "Try it, you might like it." Certainly, there will be reduced stress all around.
P.S. This works with colleagues and staff as well.
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As a member of the National Speakers Association, I had the learning opportunity to participate with several of the great voices of our generation.
Marshall Goldsmith, who coaches more than 50 of the top 100 CEOs of corporate America, commented on several psychological observations that I found interesting:
- What we do at home, we do at the office, and vice versa. In other words, if we are unkind to our colleagues, our staff and our adversaries, we’re probably exhibiting to same behavior to our spouses and our children.
- Among the annoying habits that can hold successful people back is winning too much. Generally, we’re successful because we’re competitive. Being competitive, we win. But, we don’t know when to stop. We even compete on who is to select the restaurant to go to for dinner.
- Successful people often add too much value. In other words, we add something to another person’s idea. Instead of saying "thank you" and being quiet, we say that is a great idea, but it would be better if you add x, y, or z. He says that the quality of the idea may go up by 5%, but the participation will go way down … because it now is no longer the other person’s idea. We have stolen the other person’s investment in the process.
- Destructive comments prevents forward progress. Avoid the use of the words, "no," "but" and "however." These words discount the value of the other person and their ideas. By merely saying "thank you," we can create, maintain and retain our team with significantly greater results for all involved.
- Leadership is a contact sport! Studies show that where the leader followed-up, there was greatest improvement.
- What got you here, won’t get you there. Those competitive attributes that got you to the leader’s position are different than the attributes of a successful leader. You must alter your skill set in order to succeed in your new position.
Powerful thoughts, indeed. How can you apply these thoughts to your law practice. How can you coach your team to greater heights? Do you have a coach yourself? What do you want from your coach? Have you told him/her? How can a coach help you reach greater heights?
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9-11 has become a date fixed in infamy. Like December 7th (Pearl Harbor). Like many other dates.
The other day, I was listening to NPR; the topic under discussion was 1945 … another date of disaster. On that date, a B-25 plowed into the Empire State Building. Fourteen people died, but it was a tragedy nonetheless. It was an accident, not premeditated murder, not a political statement. Yet, it was a large plane colliding into a tall building in a densely populated area.
Funny how we forget history. I never learned of this. The people of the time suffered and experienced pain, but it did not become a cause celebre. But, also funny (in a sad way), how the politicians of our day used this event for their personal benefit. Sad that this one event spelled the historical demarcation for Pres. Bush’s presidency and how everything done after that was tied to this one event. Sad (not funny) that so many of our civil liberties have been peeled back after decades and centuries of fighting to attain them. Contrast that with 1945 when that event was the catalyst that created the Federal Tort Claims Act of 1946 that allowed citizens to sue the federal government for injuries visited on them by the government. One might say that the government did something to soothe us … rather than to rile us up as we have been in the last 7 years …
Just a personal observation on the importance of leadership … leadership that soothes us and that helps us recover, reassemble and build a better future. Lyndon Johnson failed to do this and it took us at least a generation to overcome his folly. George Bush failed to do this and I’m fearful it will take us more than a generation to recover, if ever. And here, I’m merely mentioning economics, not liberties which seem to be lost altogether.
Leadership is essential for the effective performance of a team … There are many examples in government and in industry. Law firms need to find leaders to better serve their clients as well as the members of the firm. Leadership skills can be taught … and law firms need to focus on this skill if they want to advance.
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A recent ALM Research annual compensation survey for Paralegals/Legal Assistants and Managers, suggested some interesting statistics.
- Compensation increases averaged between 3 and 5%
- The highest paid paralegals are litigation support/technology managers who earned a median annual base compensation of $115,000
- The average billing rate for paralegals was more than $150 per hour, with rates for most positions exceeding $175
- Paralegal case managers in law firms averaged 1,642 billable hours, followed by senior paralegals at 1,530 hours
Many lawyers are still charging less than $200 per hour. Though faced with competition from other lawyers (and now paralegals), lawyers must fight to find ways to increase their fees, whether by the hour or otherwise. If they don’t, their economic well-being will be endangered. In fact, recent statistics I saw in a California study says that 50% of California lawyers earn less than $100,000 and 50% of those earn less than $50,000. The scene is echoed in New York and elsewhere.
Like every other profession and trade and business, the practice of law is a business … That means we’re governed by the same formula: P=R – E. Profit (take home pay) equals revenue collected less expenses.
Remember the ABA study that opined that lawyers who billed 1,500 hours per year would earn a substantial income? Apparently, the standard today is between 1800 and 2200 hours of billable time. That doesn’t leave much time to eat, brush your teeth or say hello to your kids. And, of course, this does not include the hours spent on visioning the future of and operating your practice today as a business, which it is.
We need to spend many hours tilling the soil if we want to advance, both professionally and economically. "The grass is NOT greener on the other side." It’s just a different set of challenges.
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Tonight, ABC did a program about Randy Pausch, the Carnegie Mellon University computer professor who recently died of cancer. His “last lecture” has become famous, is a book and apparently will be a movie in the near future.
His story is inspiring. His last comment: When you walk off the field, can you say that you gave it your best shot, that you “left it on the field,” and that you have no regrets, even if the end result was not as you would have liked. One of his last comments was to say that he waited until the age of 39 to marry because it took him that long to find a woman whom he loved more than himself. The love and support between these two humans, and their children, also, was a joy to witness.
His comment is an outstanding rule for life, a mantra to live by … and it’s also a very good rule for your law practice. Are you truly committed to your and your law firm’s success? Are your clients the focus of your attention and your primary concern? Can the circle of your joy be extended to include your colleagues and staff? Do you have a toxic law firm environment? What can you do to eliminate this toxicity? What can you do to have a life and a law business you enjoy and value?
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We just experienced a major earthquake! One of the largest I’ve ever felt, with the house swaying back and forth. Also, this is the first one in the mid-day. The others I’ve experienced have been in the very early morning. Not sure whether this part of the earth warming or just Mother Nature speaking her piece again!
Hope y’all are o.k. wherever you may be.
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We’ve spoken about lawyer rating services before. In one such post, we even mentioned the opposition one State raised about one such service.
How would you like to be a doctor and rated by several such services? Check out www.RateMDs.com, www.DrScore.com, www.Healthgrades.com, www.vitals.com, www.angieslist.com. There’s a lot of “rating” going on these days.
Also, check out what your State Bar is doing about placing more, unwanted, information about you on their member websites. California Bar, for example, recently adopted a provision that will compel lawyers to notify clients if they (the lawyer) don’t carry malpractice insurance … and this information will be posted on the California Bar directory in the membership records segment that is open to the public. Other information, such as if there has been a complaint (not a conviction!)against the lawyer will also be posted. (Note that according to the Bar, about 8% of all complaints are dismissed or the lawyer is found to be innocent of the charge – but the posting will remain on the internet!) Big Brother may, in fact, be watching.
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Checks and balances is a key element of American democracy … and our economic success. Apparently, San Francisco forgot the lesson … and has paid dearly. This is a lesson that all law firms must learn … and practice … or possibly be guilty of multiple counts of malpractice and violation of Rules of Professional Conduct! It is a basic rule of the Business of Law. (more…)
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