Tag Archive: Management

E-mail is very expensive!

How long does it take you to delete spam? How long does it take to review, respond to or delete personal e-mails? How long does it take you to read (more…)

BLOG — A web log

The Blog tool, created by Six Apart, a company in Northern California, is a classic business case. Started by a married couple, the blog almost stayed as a hobby or personal toy. Only because the couple (both of whose fathers are lawyers) were accused of having little or no ambition, did they focus and are now succeeding well beyond their original concepts. (more…)

Rights of privacy further eroded — by Google!

Google has implemented a feature wherein you can get a map to someone’s physical location merely by typing their phone number into the search bar. See www.google.com (more…)

Employers (law firms) owe a new duty to reservists

On December 24, 2004, a new law was signed, the Veterans’ Benefits Improvement Act. The new Act modifies the Uniform Services Employment and Reemployment Act.

Employers now must: (more…)

Legal Technology Predictions for 2005

One of the most interesting predictions for the future of the legal profession is written by Dennis Kennedy.

Spyware Becomes Public Enemy #1

A recent survey revealed surprising results. While everyone knows that spyware has been growing by leaps and bounds, apparently very few realized how dramatic this threat has become. (more…)

How do you bill for contract attorneys

When you have a contract attorney work for you, how do you bill your client? How do you write his/her time on your bill?

This issue has been litigated. The conclusion is that the contract attorney is not an out-of-pocket cost for billing purposes. You are not required to bill the client at the cost to you for his/her time. You may bill the client for the contract attorney at an “attorney’s rate” or any reasonable rate you establish in your engagement agreement acceptable to the client. (more…)

Is that all there is? Is making partner the end?

The late Supreme Court Justice Harry Blackmun once said, “A wedding is an event; a marriage is an achievement.” Much the same could be said about the attainment of ownership in your professional practice. Your ascension is an event; partnership is an achievement. And so the analogy goes that a law firm partnership is much like a marriage and a breakup much like a divorce. Life repeats itself in business.

James Cotterman lists 12 tasks or steps that the new partner must consider

Negotiating tips from Alan Weiss

One of the best consultants I’ve ever had the pleasure of learning from has put together several tips on negotiating:

– Start from a very strong position and work your way down from there. Surprisingly, your strong position may be accepted as is. That applies to payment terms, fee levels, etc.
– Understand your “musts” and don’t sacrifice them for mere “wants.” Give in on the discretionary things, fight to the finish on the critical things.
– Listen more than you talk. Don’t attempt to fill silences.
– Try not to go one-on-ten. Negotiate with one person, not a team if at all possible. Otherwise, you’ll have a roomful of people trying to impress each other at your expense.
– Don’t burn bridges. This is business, don’t take it personally. Neither gloat nor pout, do not celebrate or seek revenge. Move on.

Suggested Reading: Blink by Malcolm Gladwell

�� Alan Weiss, 2005 All rights reserved.

Engagement agreement/letter

Written communications from lawyers to clients and prospective clients are very important to establish the expectations of clients. And engagement letters, in particular, are essential to establish the threshold of these expectations.

A recent article in the Los Angeles County Bar Association’s Update sets forth a number of matters that should be included in an engagement agreement. These elements include the following:

*Who the lawyer is representing
*The scope of the representation including, when appropriate, what the lawyer is not undertaking
*The fee to be charged and the manner in which the fee is to be calculated
*When the fee is to be paid
*The consequences of non-payment, including the right to withdraw
*Staffing
*Communications
*The client’s responsibilities, including the obligation pay the lawyer’s fee in accordance with the terms of the agreement
*Dispute resolution
*Ethical issues, if any, including potential conflicts of interest

I would add another element: Add a signature stamp in the margin of the agreement at every point where fees and payment schedules are discussed. Ask the client to initial each of these, indicating his understanding and agreement with the provision next to his initials.

This will go a long way to assuring prompt payment by the client.

Then, it is the responsibility of the lawyer to carefully monitor the client’s payment performance to be assured that the client is honoring his/her part of the bargain and to withdraw, if necessary, before the client owes the lawyer too much money, contrary to the parties understanding.