Tuesday, April 21, 2009

Richard Susskind's ABA TECHSHOW Keynote Should Be Mandatory Listening

TS2009 Richard Susskind continues to challenge our profession to look at ourselves in our changing world and redefine who we are and what we do in order to meet the future needs of consumers of legal services.  In his latest book, The End of Lawyers?, he lays out the forces behind the change and while he does not predict the future, he does thoughtfully lay out several scenarios that may scare those of us who are not looking to the future.

While I have recommended his book, I'll let him convince you that his ideas are worth considering. His recent keynote address to the 2009 ABA TECHSHOW is now available on-line thanks to the ABA Law Practice Management Section.  So grab a coffee or a sandwich and listen to it. You may not go out and change the way you do business tomorrow, but it should influence your thinking over your next five year planning cycle.

Oh, and be sure to read his book. Mine is now marked up like a law school textbook.

Tuesday, February 24, 2009

LexThink Innovate is Set for March 29-30

Matt Homann has more good ideas than just about anyone else I know. And when it comes to legal  "conferences" there is no one who does it better. I attended the first LexThink event in Chicago a fewLexthink-innovate-logo-2 years ago, and still think it was one of the more rewarding learning experiences I have had as a lawyer. Several years later, I engaged Matt to consult on a legal conference I was co-organizing, to make it more interesting and vibrant for attendees. Once again, his ideas were a hit.

So I am pleased to learn that Matt has designed and organized LexThink Innovate, the latest in his LexThink events (I hate to call them "conferences" because is is so unlike other legal conferences). Billed as part "unconference", part retreat, LexThink is meant to engage and challenge all participants. It requires thought, participation, and deeper commitment to action than your typical CLE conference. Rest assured, this is not a marketing consultant selling you an expensive service; Matt is a former practicing lawyer who has devoted the last five years to rethinking how lawyers can come together to innovate their law firms.


Matt's latest innovation for LexThink Innovate? It is the first "Name Your Own Price" legal event. Yep, you pay the value of what you think you got out of it--after you attend! Guaranteed. In short, he's turning “you get what you pay for,” into “you’ll pay for what you got!”

With that kind of creativity and confidence going in, you know it is going to be different.  I don't know exactly what Matt has in store, but if it is like his past conferences, it will be well worth every penny.

Friday, January 23, 2009

When You Go To Heaven, Will Your Practice Go to Hell?

That's the title of the article I co-authored with Courtney Kennaday that appears in this month's issue of Law Practice Today.  While numerous articles cover what solo and small firm lawyers should do to plan for their unexpected death or disability, we decided to highlight what happens to law practices without any planning. The sudden death or disability of a lawyer while tragic, is even more devastating to clients and family when there is no plan for the practice.

I hope you'll take a few moments to read the article. If you are a lawyer, I hope it moves you to action.

Monday, April 07, 2008

Pay Less in Taxes, Sleep Better at Night, and Enjoy Life a Little More

I have forgotten to post this article I authored for GPSolo magazine last year, but with the April 15 tax deadline looming, I remembered to post it now. The title may sound a bit overly-ambitious, but it has many useful tips that will help you save tax dollars this year, sleep better, and enjoy life as a busy lawyer.

Thursday, August 16, 2007

Congratulations to Jay Foonberg

My congratulations to Jay Foonberg, author of numerous books to help lawyers, including "the bible" for new law firms, How to Start and Build a Law Practice, for receiving the ABA Sam Smith Lifetime Achievement Award at the 2007 ABA Annual Meeting. I was pleased to be part of the crowd honoring Jay at the City Club of San Francisco, and to watch the presentation of the award. Jay is an icon in the legal profession, and many of us owe him a continuing debt of gratitude for his books, articles, checklists, and seminars to help make us better lawyers.

Thanks, Jay!

Thursday, February 16, 2006

Professionalism Can't Be Emailed In

If you haven't yet received the email discussion between Massachusetts attorney Will Korman and his "almost" associate, Dianna Abdala, then take a look at this article in the Boston Globe. It seems that Ms. Abdala had a change of heart and decided not to work for Mr. Korman. She informed him of this fact via email late the night before she was to start work. It only gets worse from there. After several subsequent messages between them, Mr. Korman decided to email the discussion to a friend. From there the Korman-Abdala dialogue has circulated the Internet at speeds rarely seen unless nude celebrities or politicians are involved.

At the heart, this is a lesson in professionalism for all lawyers: Be a professional at all times; be courteous and civil to other lawyers, clients, and the public.  However, it is a lesson for everyone in the power of the Internet.  Be careful what you put in an email message. If Ms. Abdala transmitted the same message via letter, fax or voice mail, it would have revealed a similar message about her professionalism, but would not have been so easily forwarded to thousands of lawyers around the world.  Email is a convenient and powerful tool, but it can also come back and bite you on the career!

Monday, June 13, 2005

Proof That Client Service is Worth Millions

Sometimes winning $16.8 million for your clients is not enough.  It's how you win it that matters. That's the lesson from this story in the Buffalo News about a family's displeasure with their lawyers, despite the firm obtaining a $16.8 million personal injury verdict on their behalf.

Disbursement issues, the right-to-control-settlement, and dissatisfaction on other matters caused the father to file a disciplinary complaint against the attorneys, and he is threatening to file a malpractice claim.

The complaint played a part in the recent decision by the New York Appellate Division of the State Supreme Court to discipline the lawyers.

The case highlights the importance of superior client service even in the face of exceptional legal service.  Today's clients want to be involved in the resolution of their legal matters. Most are unfamiliar with legal matters, but do understand client service.  Clients who feel left out of the process or pushed beyond their comfort zone will lose faith and trust in their legal advocates. A lawyer's foremost asset is intellectual objectivity, but it must be balanced against the client's expectations.  If these are out of sync, client dissatisfaction follows. It is important for lawyers and firms to continually gauge client satisfaction throughout and after the legal representation to make sure attorney and client expectations are being met, or problems will result.

No matter how good the results in court, the final verdict is really in the hands of the client.  Firms that make client service their highest priority will reap the benefits and avoid the pitfalls, even when the legal results are measured in millions of dollars.

Wednesday, June 08, 2005

The New York Yankees, Miami Heat, and Your Law Firm

Recent injuries to key players in the NBA playoffs underscore an oft-ignored principle that applies to law firms as well as professional sports teams: A team needs time to adjust after losing a member of the team. 

Many firms view the loss of a lawyer, paralegal, admin support, or “C” level employee as an inconvenience; once the person is replaced, the firm will move on.  However, such a view ignores the true impact on the remaining members of the team.

The loss of a team member causes changes to the entire group.  The work flow dynamics,   productivity and (for the lack of a better word), karma of the law firm must now readjust.  The more integral the member, the longer it takes to make the adjustments.

The Yankees have struggled all year with various members of the team missing multiple games.  The Miami Heat lost star point guard, Dwayne Wade, for Game 6 of the NBA Eastern Conference Finals; they were beaten by almost 30 points!  The Chicago Bulls have yet to reclaim the glory of the Michael Jordan years.  All these teams still have some of the top talent in the world, but they have trouble competing until the team adjusts to the loss of one player and the addition of the replacement.

Clearly, the loss of a rainmaking partner has an impact on a law firm; however, do not underestimate the impact on all levels.  Even when an associate or administrative staff person leaves, there are changes to address.

True, the new person requires training to fit in the firm; however, the existing people also need time to make adjustments.  Current staff was used to working with the person who left.  They were familiar with their working style, idiosyncrasies, even their favorite sports teams and movies.  Everyone must now re-establish a new working relationship with that new person.

This adjustment period takes time.  It takes patience and understanding of team management to understand this and to work with the team to make sure the new player fits.

During this time, productivity will be down as members get to know the working style of the new player.  Team dynamics will change as the new person assimilates into the team. Professional friendships need time to root and become established.  Such relationships improve work-flow, loyalty, and personal investment in the firm.

An enlightened team manager not only allows time for these dynamics, but nurtures them as well.  In addition to introducing the members of the team, make sure team members know the firm is sensitive to the changes and will work with the team to make sure they return to top form as soon as practicable.

And the next time a team player is about to leave, make sure you have considered the costs of making a change that effects all members of your championship team! 

Saturday, April 16, 2005

Effective Writing for Lawyers

I was working on the proof of one of my poems all the morning, and took out a comma. In the afternoon, I put it back again. --Oscar Wilde

That pretty much sums up my week.  I spent much of it proofing several blog posts, only to change them after attending an effective writing seminar on Friday. A time-consuming endeavor, but very worthwhile.

One of the reasons I started this blog was to help improve my writing.  I believe I’m an adequate writer, but my high school English classes weren’t exactly yesterday.  Disco music ended about the same time as my last dance with the rules of sentence construction. I’m confident that I have forgotten more rules of grammar and punctuation than I now remember.  My college and law school writing classes are also fading right along with my hair color.  However, the biggest blow to my grammatical self-esteem comes from well-meaning colleagues and article editors who make “suggested” changes to my written work.  These suggestions often run counter to the rules I learned—or remember.  Therefore, when the opportunity arose to take an effective writing seminar, I jumped at it.

I am glad I invested the time. My thanks to Writewell partners Kate Sylvester and David Pike for presenting a valuable seminar.  I learned--or relearned--a number of things, including the fact that I ain’t such a bad writer. Well, most of the time.  People make judgments about authors through the words they write, whether in a letter, memo, e-mail, or article.  I want to make the best impression every time. 

I encourage all lawyers in practice ten or more years to invest some time to relearn these rules and concepts so ably taught by Kate and David:

1. Avoid weak verbs. These include am, are, been, have, is, was, were.  Look for action in the sentence and put it in your verb.  Weak example: It is the hope of the plaintiffs that the court will grant their motion.  Improved: The plaintiffs hope the court will grant their motion.

2. Identify and remove empty words and phrases such as utterly ignore, truly exciting, needless to say, and over and above. These words add nothing and reduce the power of well-crafted sentences.

3. Avoid legalistic words, especially in everyday writing.  Words such as pursuant to, prioritize, period of time, utilize, subsequent to, replicate, and time frame.

4. Where refers to a place, not a time or situation.

5. Since refers to a passage of time, not causality. 

6. Beware of passive voice.  Sure, computer grammar-checkers sometimes catch it, but how do you change it to active voice? Identify the actor and apply the action to the actor.  Passive example:  It was agreed by the parties to seek a joint continuance.  Active:  The parties agreed to seek a continuance.

7. Avoid nouns ending in –tion, -ance, -ence, or -ment. Whenever you have a noun expressing an action, change it to a verb.  Verbs move a reader.  Change “A declaration by the court” to “ the court declared.”

8. Eliminate prepositional phrases that slow down the reader.  Examples include: 

“During the course of” instead of “during”

“In view of the fact” instead of “because”

“In the amount of” instead of “for”

9. Commas still have a place in well-written sentences, despite the trend to use fewer of them.  The rules haven’t changed; however, shorter sentences encourage clarity and need fewer commas.  Here is a quick review of comma usage.

10. Always write a great lead.  Pick the most important element and grab the reader’s attention in the first sentence or paragraphs.  If not, the intended reader will be bored and won't read to the end.

I guess I wrote a good lead.  Thanks for reading. 

Friday, March 25, 2005

Bored: How to Reenergize Your Professional Life

One of the unspoken realities of law practice is that boredom seeps into a lawyer’s practice after a few years.  If you can make it 8 or 10 years, you are ahead of the curve.  Lawyers get restless for change, but sometimes that restlessness turns to carelessness.  Careless mistakes can cause trouble, so beware of the symptoms, the greatest of which is delaying almost everything until the last possible moment to get the biggest possible “rush” out of the challenge to still meet the deadline.  If you know what I’m talking about, read on. 

So what can you do about it?  A practicing lawyer can change four aspects of their practice to relieve the sense of boredom: practice setting, practice area, clients, and their attitude. 

Probably the most common occurrence is a lawyer’s desire to change practice setting–leaving one firm or employer to another.  Often the change is from big firm to small, solo practice to small firm, or private practice to in-house practice.  This change of practice setting leads to new challenges that can help break the monotony and boredom some lawyers experience after a few years of practice.  A more drastic change of setting is to leave the practice of law for a another profession or related profession.  Certainly a common course of action, but it leaves behind an investment of time in the skills and knowledge needed to practice law.

Another way to relieve boredom is to change the mix of clients.  This requires an assessment of current clients to find out what you like and dislike about them.  Find the common attributes of your favorite clients, then use that information in your marketing and client selection process.  Accept only the clients that meet your standards.  Boredom wanes when we enjoy the challenge of helping clients we like.

Changing your practice area is another way to relieve boredom.  By creating new challenges, a lawyer can erase the restlessness that is associated with work we don’t like.  Adopting a new practice area comes with challenges too.  A lawyer must learn the new area to gain competence before representing clients.  Taking CLE courses in your area is a good start. You may need to seek permission from your firm, so create a plan to show how this new practice area could help the firm.  Try to choose practice areas that are complementary to your existing cases and clients; that will help with marketing the new practice area.

The final aspect of your practice that you can change is your attitude. Sounds harsh, but sometimes all it takes is a personal decision to enjoy what we have.  Take a few minutes to write down the pros and cons of your current situation.  If the pros outweigh the cons, then maybe you need to adjust your outlook.  But if the cons outweigh the pros, then try the changes suggested above.

Always remember, you are a well-educated professional, and have skills and abilities to do just about anything that makes you happy, so when boredom seeps in, take control of your destiny to make positive changes in your professional life!