Legal Ease Blog

How Running a Law Firm Is Like Being a Parent, Part II (Employees)

Part I of this series of posts addressed the first 3 ‘nanny commandments’ modified from the Nanny 911 website.  This series of posts was inspired by Adam Hanft’s back page Grist column in the March issue of Inc. Magazine.

For a quick recap, the first three commandments are:

1. Be consistent: No means no.  Yes means yes.

2. Actions have consequences: Good behavior is rewarded.  Bad behavior comes with penalties.

3. Say what you mean and mean it: Think before you speak, or you’ll pay the price.

Now we’re ready to move on to:

4. Partners Work Together As A Team - If you can’t be on the same page, your associates and staff are not going to know who to listen to – and they’ll end up not listening to anyone.

In my original post, I talked about a firm that tried to create teams, but the team system didn't work. One of the reasons why it never worked was that the partners weren’t on the same page – they didn’t all believe in the team system and they hadn't each committed to making it happen.  Failure to gain consensus among partners about how a firm is run or what should be done in response to a specific issue is an all too common problem with law firms, whether the firm consists of two partners or dozens of partners.

Partners can, and will, often disagree about an approach, an initiative, taking on new clients or new practice areas, or any of a host of other issues.  Disagreement is good in that it fosters new ideas and innovation.  But what many firms forget, including many of the firms I’ve worked with and for, is that once a consensus is reached and a decision is made, everyone must ‘buy in’ to that decision and adopt it as their own, even if they originally disagreed with that decision.  Failure to do so can be fatal.  Without the partners’ commitment to the firm’s initiatives, nothing can ever be accomplished.

When partners are divided about a particular issue and that division is apparent to associates and other staff, it creates even more division within the firm, which can lead to factions and, ultimately, chaos.

Build consensus within yor firm, an dmake sure all of the partners are on th same page so that you present a united front to the rest of the firm.

5. Don’t Make Promises You Can’t Keep - If you tell them you’re giving them bonuses, you better have the cash in the bank.

One firm I worked with was constantly promising things that they never got around to implementing.  From telling the associates that the firm was going to staff a second office location to promising new partners better offices, they set themselves up for trouble by not following through.  You’re much better off not making the promises in the first place, rather than setting up expectations that can’t be met.  Most associates and staff have long memories when they’ve been disappointed, and it can poison what would otherwise be a great employer-employee relationship.

Failing to follow through with what you say sends a signal to people that they don’t have to listen to you or that they can’t trust you.  Very often, promises are made to candidates during the interview process, or to associates or staff during performance evaluations.  More than any other time, those two events are likely to be remembered and relied upon.  But even during your day to day communications and interactions, remember that your employees are always watching what you do to see whether you’ve got credibility and integrity – even if you’re not speaking directly to them.

The next time you speak, make sure you're committed to following through on your word.

6. Listen To Your Employees - Acknowledge their concerns.  Be open to their input.  Then take the time to listen and to understand.

Partners, particularly managing or other executive level partners, often fall into the trap of thinking that they have all the answers.  They forget that their employees are the ones on the ‘front lines’ doing the work every day.  They overlook the fact that those employees are freequently on the cutting edge of technology and innovation, and that those who are immersed in the process on a daily basis are often the best equipped to see problems and suggest improvements.

One law firm I worked with was reluctant to encourage feedback from associates and staff, assuming that the only responses they would receive were negative or trivial responses.  What they didn’t realize was that the ‘trivial’ complaints commonly masked something deeper that, if explored, would lead to huge benefits for the firm.  Encouraging feedback provides opportunities for education and communication, and for building relationships within the firm.  Listening, making sure employees know that they’re a valued and valuable part of the firm and its operations reaps great rewards in loyalty and motivation.  And often it reaps significant returns in productivity and efficiency as well. 

Even ‘petty’ responses or communications provide an opportunity to educate the rest of the firm about how the firm's behavioral standards, and about what the firm values and responds to.  Soon enough, even the truly insignificant complaints fade away in favor of more meaningful contributions from employees who feel as if their input matters, which fosters increased loyalty from associates and staff who know they have an important role to play in the firm’s work.  That’s exactly what happened at the firm I mentioned above.  Once the associates and staff realized that their opinions were being taken into consideration, they made suggestions which often translated into greater efficiency and increased profits for the firm.

To be an effective leader and communicator, one must learn to listen.

7. Establish a Routine - Routines make people feel safe and give structure to their time.

The best way to apply this principle to your law practice is by establishing specific procedures for the accomplishment of certain tasks.  Whether these procedures address the way in which files are opened, court conferences are handled, mail is distributed, files are organized in the file room, or the telephone is answered, establishing a routine ensures consistency and helps build confidence in lawyers and staff alike.

Establishing routines or procedures also makes a smoother transition for new employees, and ensures consistency.  If procedures are written down, when one staff member is sick or on vacation, it makes coverage of that position much easier.  Providing new employees with step by step instructions for particular tasks decreases training time.

Make things as easy as possible, both for the individual performing the task, and for those who receive the benefit of that task by creating routines and procedures. When everyone knows where things are kept and how they are done, the practice runs more smoothly.

8. Respect is a Two Way Street - If you don’t respect your partners, associates, and staff, they are not going to respect you.

Treating others with respect means showing them honor, deference, thoughtfulness, consideration and appreciation.  In short, it means showing them that, no matter what their position within the firm, they are valued. 

One dictionary offers a secondary definition of respect as follows: “to avoid violation of or interference with.”  I once worked with an attorney who was known for his bad behavior.  When he was upset, he’d scream, yell and curse at other associates, at the staff, and at opposing counsel.  I’ve also worked with lawyers who micromanage every single thing junior lawyers and staff do, to the point where the junior doesn’t learn anything and has no confidence in their own abilities.  It’s no mystery why, despite their expertise as attorneys, neither the angry bully nor the micromanager is respected by the people with whom they work.

I’ve worked at firms in which it was understood that every single person in the firm deserved the same level of respect, regardless of their position.  The part time file clerk was treated with the same respect as the senior partner.  In those same firms, appreciation was expressed often, and in various ways.  It’s also no mystery why the partners in those firms are well respected.

Many law firms not only fail to show appreciation to their associates and staff on a regular basis, but they also fail to share the firm’s successes with the very people that helped bring it about.  A frequent complaint among associates is that they work on a project, a brief, a motion, etc. for a partner and yet never learn of the outcome.  Not only do they not receive adequate feedback about their performance or acknowledgement for a job well done, but they don’t learn how their efforts have contributed to the whole - how their piece completes the puzzle.  This is just another failure to show respect – by failing to acknowledge the contribution of every person on the team.

The best way to earn respect is by showing it.

How Available Are You? Follow Up

Dan Hull continues his list of "what about clients" rules with Rule 9: Be There For Clients -- 24/7.  Dan's post follows up an earlier post on his What About Clients blog on being available for your clients, and on my earlier post, How Available Are You? 

I agree with Dan when he says,

In the next decade, and even for high-end clients, more and more "cookie cutter" and fungible services will be outsourced and done by very smart and far more cost-effective workers and professionals in Bangalore, Taipei or Mexico City. Just wait. What's left over will be specialty items and things clients need professionals and specialists to do at their highest levels of thinking and problem-solving.

This may very well be the 'wave of the future' for legal practices.  That's why lawyers need to differentiate themselves from the competition, whether that competition is down the street or across the world. It's why lawyers have to focus more on what their clients really want, and on finding innovative ways to meet not just the needs and wants that clients openly express, but needs and wants that are below the surface.

Where I disagree with Dan is in the premise that providing your clients with the best service always means being available 24/7.  For certain types of law practices, being available for your clients at all hours of the day and night, seven days a week might be necessary - a criminal practice comes to mind.  If a client is arrested, they need legal counsel fast.  And in that situation, if you're not available, you might lose that client.  And if your practice is international in nature and you're dealing with clients in different time zones, chances are that you're going to be available on a different schedule than someone with a purely local practice. 

Attorneys are not royalty, as Dan says.  But it doesn't necessarily follow that today's marketplace or the marketplace ten years from now requires that attorneys be available to their clients around the clock.  I'm sure that many will disagree with me, but being available around the clock may not be the best strategy for you or your clients, even if clients say that's what they want.

It may seem like a radical point of view, but consider the possibility that being always available can diminish the value of your services.  Although clients may say they want the cheapest lawyer, they really want the best representation they can get - they want the best value.  Being the most available can undervalue your services in the same way that being the 'cheapest' can.  As Dan Kennedy suggests in some of his teachings about marketing and running a business, nobody lines up to seek the advice of the old man at the bottom of the mountain.  It's the wise man at the top of the mountain that people line up to see - and that people make sacrifices to see.

I'm not suggesting that attorneys should make themselves unavailable merely for the sake of making themselves unavailable.  But remember that your best clients are the ones that seek out your advice and that trust and respect you and your judgment.  If you've built the right relationships with your clients and if you've positioned yourself in a way that takes advantage of your own unique talents and skills and you serve clients in a way that no other lawyer does, existing clients, and even potential clients, won't be too eager to throw that away to take a chance on someone else merely because they claim to be available 24/7.

I've said before in other posts that sometimes being too available hurts both the lawyer and the client. Again, a lot depends on your individual practice, your practice area, and the client.  But being too available can make the client too dependent on the attorney, and can unnecessarily inflate legal fees.  It can be the cause of poor performance, distracting the attorney from the task at hand and from the client who's looking for assistance.  I've worked with and have personal relationships with attorneys that are available 24/7.    Many times, their clients are unnecessarily demanding because they know the attorney is 'available' 24/7. Often, they've got high stress and high blood pressure, and they never really re-charge.  That isn't good for them, their families, or their clients.  They may be 'successful' in that they make a lot of money, but is that the only definition of success?

By contrast, I know attorneys that restrict their availability, albeit for good reason.  They explain to clients that when they're involved in a trial (for example), they don't take other client calls.  The client can call the office and get assistance from someone else.  If it's a real emergency, the lawyer's office is instructed when and how to contact the attorney, but the client isn't given direct access.  The clients respect this, knowing that when their case is being tried, they'll get the attorney's full attention.

All of that being said, depending upon your practice area, it's a good idea to set up systems to ensure that there is a mechanism in place for clients to get to you if they have a true emergency.  Dan says in his post that, "no client worth keeping will abuse the privilege."  This may very well be true, but sometimes it's tough to discern which clients are worth keeping from the outset.  Giving all clients unfettered access to you at all times is, in my humble opinion, a mistake.  Instead, if you've got a client with whom you've established a trusting relationship that goes both ways, feel free to give them access that you deem appropriate, and make sure they understand the uses of that access. 

If you're working in a firm and can establish a system whereby a client gets immediate help from someone, and that you can be reached if necessary, that makes more sense than providing everyone with your personal contact information.  Often, if a client trusts you, they'll trust your staff and they'll also trust your discretion about how a particular matter or problem should be handled, and by whom.  Much of this is a matter of setting expectations with clients at the outset and establishing a good relationship.

Dan Hull contends that in order to be competitive, we have to 'be there' for our clients 24/7.  I'm not sure that's true, and particularly not in all practices.  A lot of discussion about availability comes from a scarcity mentality - it's based on the assumption that there aren't enough clients to go around and that lawyers are all fighting over the same small pool of clients.  But if you've positioned yourself in such a way that you're providing service that others aren't providing, being always 'on call' may not be necessary. 

I also disagree with Dan's contention that not being available 24/7 is arrogant, spoiled and stupid - in fact, I think it can be good business, and that it can benefit both the lawyer and the client.  As always, I'm open to comments.

How Running a Law Firm Is Like Being a Parent Part I (Employees)

The back page of the March 2006 issue of Inc. Magazine, the Grist column by Adam Hanft, is entitled “Every Business Needs a Nanny.” The article notes that employees don’t always comply with even the simplest directives and the author suggests that perhaps businesses need a nanny, like those famous television nannies that manage to transform the screaming, uncooperative child into the model of deportment.

After watching one of those nanny television shows, Hanft had what he calls a revelation, “I’m not managing a team of highly creative, highly skilled professionals. I’m managing a gang of unruly children.  And I need to think less like Jack Welch and more like Nanny Stella.”  He claims that strategies that work for parents also work for employees – strategies like “be consistent” and “don’t make promises you can’t keep.” 

The article got me to thinking about one thing I’ve said for quite some time, and that is that often, being the managing partner of a law firm is a lot like being a parent.  And perhaps a look at some parenting rules is a good way to approach running your practice. 

I was curious about the ’11 commandments’ Hanft discusses in his article, so I went to the Nanny 911 website.  I thought the commandments translated well into running a law practice, and although some of them overlap to a degree, I’ll be reproducing all 11 (modified somewhat for a law practice) over the next several blog posts:

1. Be Consistent – No means no.  Yes means yes.

The larger the firm, the more difficult this is to follow, but the more important it becomes.  Too often, law firms make exceptions that end up swallowing the ‘rule.’  This undermines the credibility of the firm leaders, reduces morale, and creates confusion.  The rule followers resent the rule breakers and often lose respect for the ‘boss’ and for the rule itself.  The incentive to do the best possible job is gone. If the firm policy is that an employee is entitled to take a sick day for a spouse’s medical issue, then enforcement must be consistent for all employees – the firm cannot allow one employee to take a sick day and charge another employee for a vacation day.

Even more confusion is created when the rules themselves – as opposed to their application – are inconsistent.  Sometimes the specific way that something is done isn’t as important as doing it the same way every time.  The way your firm names its documents isn’t as important as ensuring that everyone is naming them consistently.  Deciding one day to electronically file documents by the client’s last name and the next day by the plaintiff’s name is bound to cause problems.  Pick one method and stick to it.

2. Actions Have Consequences - Good behavior is rewarded.  Bad behavior comes with penalties

I’ve worked with (and for) law firms that consistently forget this basic tenet.  Failing to follow this rule is another way to ensure that morale in your firm takes a nosedive.  It’s also a good way to ensure that bad behavior will increase and good behavior will disappear. 

For example, if lawyers are supposed to turn in their timesheets at the end of the week, a repeated failure to do so by a few lawyers, without consequences, is likely to cause resentment in those who stay late on Friday night to ensure that their timesheets are turned in on time. And there's no incentive for the non-compliant to become compliant.

Conversely, if serving on committees, being active in the community, mentoring and marketing are activities that the firm wants to encourage, a compensation system which penalizes those who participate in these activities and/or rewards only those with the highest billable hours  is likely to discourage those who participate in the non-billable, but valuable, activities.

Simply put, reward the behavior you want to encourage and penalize the behavior you want to discourage.

3. Say What You Mean and Mean It - Think before you speak, or you’ll pay the price

In some ways, this commandment builds on the two that precede it.  If you’re going to set a ‘consequence’ for a particular action, be ready to follow through with it, regardless of who the individual offender turns out to be.  Similarly, if you decide that particular behaviors or activities are to be rewarded, everyone who engages in that behavior or activity must be rewarded.  But perhaps most importantly, if you have no intention of following through with anyone on that particular consequence (whether positive or negative), don’t articulate it in the first place.

Communication is a key factor in building a successful law firm.  You’ve got to learn to communicate honestly and openly with those around you, whether they are your partners, associates or staff.  That doesn’t mean that you have to tell everyone everything – it just means that when you do communicate, you must be authentic and communicate exactly what you mean.  Most employees can see when you aren’t being genuine.  They know when they’re being given a ‘line,’ and they don’t appreciate it.

As a young associate, I was often frustrated when the senior partner would tell me that something was going to happen, and yet it never did.  One firm I know tried to put a ‘team’ system in place on a number of different occasions over the years.  They would call special meetings to discuss the ‘new’ team system, create teams and pass out the list of the teams with team leaders.  They told the associates that the teams would foster working together, would help mentor and train young associates and would give senior associates a better outlet for passing down lower value work.  It backfired every time.  It sounded good, but it never got off the ground because the partnership didn’t really mean it – the partners weren’t committed to making it work.  It kept getting abandoned and re-instituted, but nobody took it seriously because the partners didn't take it seriously.

Don’t be like the boy who cried “wolf.”  If you announce an initiative, set a consequence or create a procedure, make sure you really mean it.  Otherwise, like the villagers in the story, your employees will stop believing you.

Do You Know What Your Clients Really Want?

Last week, Seth Godin's blog contained a short, but pointed post entitled what consumers want.  He says that consumers say they want everything "perfect, now and cheap," but what he thinks they really want is "interaction, expectations exceeded and respect."

Whether we agree with Godin or not, it behooves us to realize that consumers, which includes consumers of legal services, often don't articulate what it is that they really want.  Sometimes they don't know what they really want - at least initially.  It takes a little digging, a little conversation, a little interaction with them to get to the heart of what they really do want.  And sometimes it takes a little testing.  Clients often act very differently than they think they will or say they will at the outset if some basics are not explored.

I had a very interesting conversation with an attorney last week after one of my presentations.  We were discussing how he talks to clients about fees and expectations.  Although clients often tell him that they only want him to do work on the file, when he probes a little deeper with them, he often finds that what they really want is for him to use his discretion to determine what would be best for the client, both economically and in handling the file.  For example, when he points out to the client that they'll be paying his fee to appear for non-substantive conferences that require an appearance but have already been adjourned 'on consent' of the parties, the client agrees that perhaps he doesn't want the partner to do everything on the file, and that the partner should use his discretion to determine when to send an associate.

This lawyer is very smart.  He's created a win-win situation.  He wins and the client wins.  The client is getting great representation in the most economical manner it can be delivered.  The attorney is still accountable to the client, but he's leveraging properly so that he can focus on the tasks that need to be handled by a higher level attorney, while giving his younger associates experience and keeping the client happy.  If done properly, not only does it keep the client's costs down, but ultimately, it maximizes the return for the firm as well.  And his conversation with the client enhances the relationship of trust.  The client knows that, rather than trying to 'milk' the client by getting his partner rate for everything from photocopying to filing papers and doing routine tasks on the file, the attorney is making informed, professional decisions about the appropriate staffing for the project.

It may sound simple, but there are lots of firms out there that wouldn't challenge the client when the client says they only want the partner handling the file; they'd just charge the client for everything at the partner's rate, thinking they're getting a windfall. But ultimately, that doesn't enhance the relationship with the client if that wasn't what the client really wanted - regardless of what the client said in the beginning.  And it's poor use of the partner's time as well.

It's our responsibility as lawyers to educate clients about what they can and should expect from the process.  If your clients are insisting on an immediate, 'perfect' result at very little cost, consider exploring whether that's what they really want, and whether that's a reasonable expectation.  Others may disagree, but I think that it's the attorney's responsibility to turn away clients with whom he or she cannot agree on reasonable expectations.  Allowing a client to proceed under false expectations spells disaster, usually for both the attorney and the client. 

Taking the time to talk to clients about realistic expectations and interacting with them, addressing their real concerns, digging deeper to determine what result they really want and what you can realistically provide is critical to establishing the trust and confidence that are essential to a good attorney-client connection.  This probing and process of education creates value and shows the client that you respect them, your work, and the others that work with you.

Unauthorized Practice of Law, Or How Well Do You Screen Your Employees?

The New York Law Journal reported today that a senior in house lawyer at New York Life Insurance Company resigned after it was discovered that he had never been licensed to practice law.

The attorney, who had 'practiced' at two large Manhattan firms before joining New York Life almost 10 years ago, had risen to the position of deputy general counsel before his non-attorney status was discovered. 

Most  lawyers accept their first post-law school position prior to being admitted to the bar, and bar admission is a big deal, as it should be, for most lawyers and their employers.  My first post-graduation job was with a small firm, and everyone in the firm knew when the bar results came out.  My employer double checked the newspaper to make sure that I had passed the exam.  My firm also knew the day I was admitted, since I had to take time off from work to attend the swearing-in ceremony. 

The former New York Life attorney, according to the New York Law Journal article, was employed at Milbank, Tweed after graduating from Columbia. I don't know how long after graduation the position began or whether, like many biglaw firms, he was part of a whole 'class' of first year associates who, presumably, would have received bar results at the same time.  If this were the case, it must have been difficult for him to conceal the fact that he either didn't take the exam or failed the exam.  But perhaps nobody ever asked.  And nobody noticed that he never went to an admission ceremony.  Maybe it's just too easy to get 'lost' sometimes in the biglaw environment, with so many lawyers that one can easily slip through the cracks.  Maybe he joined the firm after bar results came out.  The details are not contained in the Law Journal article.  But they aren't important for purposes of this post.

The fact that he managed to conceal the fact that he was admitted to practice law from his first employer doesn't let subsequent employers, including New York Life, off the hook.  Many legal employers pay for their employee's biennial registration fees.  I don't know whether this was the case here or not, but if it was, nobody noticed that no fees were being paid to the bar on behalf of this lawyer.  Again, this particular fact isn't important.  It's the overall picture that's the problem.

Unbelievable as this story sounds, it isn't the first time this has happened, and it won't be the last time.  It should serve as a (not so) gentle reminder that, as good as a resume looks or as much as we like a candidate during an interview, it makes sense to check references and to do some investigating when hiring employees, even employees who are supposed to be 'professionals.'

Unfortunately, many law firms don't bother to check references or to follow up closely with candidates who apply for positions, whether they be legal or non-legal positions within their firms.  And this reference-checking should go beyond just calling the references provided by the candidate.  All too often, after an employee becomes a problem, information comes to light that was readily available before the candidate was hired, if only someone took the time to check the facts and follow up.

Hiring employees is an expensive proposition.  Hiring the wrong employees can have disastrous consequences.  Regardless of how good this former New York Life employee was, he wasn't licensed to practice law.  If a license to practice law is a condition of employment, you should be certain that the candidate actually possesses the license.  The same goes for any other condition of employment - taking the candidate's word for it isn't the best policy.

[Update: I apologize for the typo in the original version of this post, in which at one point I identified New York Life as Met Life]

How to Get Motivated

Do you ever have those days when you come into the office and, as soon as you see the piles on (and maybe even around) your desk, you're paralyzed?  Is your 'to do' list so long that you don't know where to start?  Are you just dreading facing yet another day at the office?

We all have days when it's difficult to get motivated.  So here are some tips to help you get inspired again:

1. Do Something: The fact is that sometimes we just have to get started, even if we're not motivated.  Staring at the piles and agonizing over the lengthy to do list only adds to the stress and anxiety that keeps you un-motivated.  Many times, the quickest way to get motivated again is to 'just do it.'  Start with one pile and make your way through it methodically, only touching each item one time and taking action until that one thing is finished.  The sense of accomplishment usually kicks in and keeps you going - it's the getting started that's the tough part.  Writers will tell you that the most difficult part about writing is just sitting down and doing it - frequently when you just don't feel like doing it. 

2. Do Nothing: And I really mean nothing.  Don't stare at the piles.  Don't agonize over the to-do list.  Don't talk to anyone.  Don't turn on the radio, pace around your office, get a cup of coffee, or make another list.  Just close the door, close your eyes and do absolutely nothing for 15 minutes.  If you're not used to doing this, chances are that you'll start fretting about what you need to do and all kinds of thoughts will begin racing around in your head.  Don't worry about that.  Just recognize the thoughts and then let them go.  Concentrate on your breathing.  Fifteen minutes of nothing, particularly in the midst of a frenzied week or at the beginning of a long day, will do wonders for clearing your head and reducing anxiety so that you're motivated to tackle even the most daunting challenge.

3. Get Moving: Got a bear of a brief to write, an opening statement to prepare, or an estate plan that requires some real mental gymnastics?  Getting your body moving will make those mental exercises flow more easily.  Take a walk, go to the gym or run around with your kids.  Your physical energy will get the mental energy flowing.  Lots of times, great ideas come in the midst of a physical activity.  Sitting at a desk, in meetings, in court waiting for your adversary, at a deposition or a closing for hours on end shuts down not only your body, but your mind.  Get your body moving and the blood flowing to your brain.

4. Carry a Notebook: Inspiration comes at the most inopportune times.  Capture those great ideas when they arise so that when you're not as motivated you'll have something to fall back on.  Always have a small notebook, some index cards, or something else to write on, as well as something to write with.  Sitting in the movie theater, driving in the car (wait until you're stopped to write, though), taking a walk (see above), and those last few minutes before you fall asleep are often the times when the best ideas come.  If you have a pen and paper handy, you can preserve those great ideas and then get right back to what you were doing, without the anxiety that you'll forget.  And they'll be ready for you when you're facing another day of work.

5. Create a Deadline: Often, the best 'motivation' is knowing that you have a filing deadline, a date on which you have to give the presentation, an appointment with the client to discuss their estate plan, or a court appearance.  But since not all tasks have built-in deadlines, sometimes we have to create our own deadlines.  If you're facing the awesome task of clearing some space on your desk so that you can work again, setting a timer for 15 minutes can be a great motivator.  Often, once you get through that first fifteen minutes, you'll be motivated to continue. If you've got a project that is important to complete, but not urgent, make it urgent by setting a deadline and writing it in your calendar.

6. Enlist a Friend: You can reinforce your deadline by enlisting a friend, colleague, or coach to help you.  When you tell someone else that you're planning to do something by a specific date and time, it creates an expectation.  We don't like to embarrass ourselves or let other people down, so we're much more likely to get it done so we don't have to admit to someone else that we didn't do it.  Ask your friend, mentor, colleague or coach to keep you accountable by following up to make sure you've done what you said you were going to do, when you said you were going to do it.  Even an adversary can be a 'friend' in this context if you promise that you'll have the discovery documents to them by a certain time, or you'll be present for a settlement conference on a specific date. Create an appointment where one didn't exist before, and you're creating a built in deadline for yourself.

Coaches, colleagues, family and friends can also help motivate you by being sounding boards for your ideas, or just by lending an ear when it's time to vent about the bad day you're having, the pressure you're under or the uncertainty you're facing with a particular client or matter.  Sometimes we lose motivation after completing a big project.  Talking about your successes or your progress can be exceptionally motivating, too.  Don't underestimate the power of sharing yourself with others to reduce your anxiety and get you back on track.

7. Turn On Some Music: This may not work in all situations in which you feel unmotivated, but it can certainly help.Music may 'soothe the savage beast' in you by calming you down if you're anxious, but music can also raise your heart rate, get your toes tapping and lift your mood so that you're ready to work.  And if you turn on the music and start dancing, you'll be double motivating yourself.

8. Take a Vacation: Take a good, hard look at where you are, how much and how long you're working, and when the last time was that you took a break.  Many lawyers confuse lack of motivation with pure exhaustion or burnout.  Everyone needs some down time, and if you haven't taken a vacation in years, you're routinely working around the clock and on weekends, motivation may not be the real problem.  Making a clean break from all things legal, even for just a few days, can bring you a fresh perspective and a whole new reserve of motivation.

9. Try Something Different: Maybe your lack of motivation is the result of pure boredom.  If you're doing the same things, day after day, your brain turns off and tunes out.  We all need growth and stimulation.  See if there's a project you can work on that would stretch your mind, challenge your knowledge, or force you to work on something different.  Join a new committee at the bar association or find a lawyer in your firm that practices in a different area of the law and see if there's something you can help with.  Take some CLE courses in a different area of the law.

Doing something different may mean doing something different outside of your work life. Motivation for your work can return when you feel inspired by other areas of your life.  Volunteer, take a class, or learn a new skill.  Even reading books in areas or on topics you haven't previously explored can bring new insights or inspiration.

10. Do Something for Someone Else: Again, this doesn't have to be related to work, although it can be. You can volunteer at a free clinic, give a free seminar, take on some pro bono work, or offer to mentor another lawyer.  There are a million ways that you can be of service to others, whether it's joining a community organization, helping at your local church or food kitchen, visiting an elderly or sick relative or friend, surprising your spouse by making their favorite meal or doing a chore they hate, helping someone move, taking your family on an outing that they want to take (as opposed to going where you want to go), or calling up an old friend you've lost touch with.  Doing something - anything - for someone else takes the focus off of you and often leaves you feeling better about yourself - and more motivated - in the bargain.

Success Is Not A One Person Sport

I have to credit my friend and business coach, Leslie Malin for the title of today's post - it was the title to an article in her most recent E-zine and it brought up so many great thoughts related to managing and marketing a law practice that I had to share it.

Last night I did a presentation on mistakes lawyers make in managing and marketing their practices, and Leslie's title relates to a lot of them.  So many lawyers think they have to do everything on their own and be all things to all people, not realizing that they're just shooting themselves in the foot.  I don't know if it's the way lawyers are educated or the type of people that gravitate toward the law, but that tendency to try to 'prove' that they can do it all is pervasive.

Believe me, I'm not knocking lawyers, being one myself, and I know I have this tendency also -trying to do everything myself and having trouble asking for help.  Or being afraid that nobody else could possibly do it as well. Maybe the problem isn't just lawyers, it's our society as a whole.  Perhaps it's that American individualism that prevents us from realizing that it's relationships and community that are the true keys to success. 

Although I do believe that everyone is responsible for their own career, whether they work as a solo, in a firm, in the public sector or in a corporate environment, being responsible for your career includes knowing when, where and how to ask for help.  For some, that 'help' comes in the form of hiring staff or other employees.  Sometimes, it means giving up the idea of trying to do everything yourself and hiring and training other to do the work, and, most importantly, trusting them to actually do it.  Unfortunately holding so tightly to everything and believing that you have to control every detail can have a negative effect on the bottom line of your practice, not to mention morale of your associates and staff  if they feel they're being micromanaged.

Other solutions to the 'one person sport' syndrome may include outsourcing work or hiring a 'virtual assistant.'  It may mean banding together with a group of attorneys to discuss issues that relate to your practice.  Realizing that trying to do everything alone doesn't work may lead to hiring a coach or a consultant to help you sort out technology, accounting, marketing, or other aspects of your practice so that you can do what lawyers are meant to do - practice law and provide clients with solutions.

Speaking of clients, forgetting that the clients, and not the lawyers, are the crux of any law practice, is another way that many lawyers try to make success a one person sport.  No lawyer can be successful without clients - particularly happy, paying clients.  To get the clients to come in the door requires that lawyers focus their marketing message on the client's needs and on the benefits the lawyer can provide to the client, rather than focusing solely on the lawyer.  Sometimes, that may mean turning down or turning away work, regardless of how difficult it may seem. 

Trying to be the one lawyer who can represent everyone often leads to an impression of the 'jack of all trades, master of none.'  Accepting that you can't be all things to all potential clients can lead to strategic alliances with other firms that have expertise in areas your firm lacks, and can result in strong referrals.  For solos, rather than fearing that someone else will 'steal' clients, it's worth it to remember that having a backup can be invaluable.

It occurs to be that the reference to sport is particularly appropriate while the Olympics are ongoing.  Although many of the athletes are competing as individuals, none of them got where they are alone - they all have coaches, trainers, other athletes with whom they train and compete, and support of all kinds - physical, emotional, mental and financial. 

Even for the Olympic gold medalist, success is not a one person sport.  Take their cue and build your own 'team' of supporters who can inspire you and each other to 'go for the gold.'

Rules for Client Service

J.D. (Dan) Hull of What About Clients is blogging about his list of 12 rules for dealing with clients.  His most recent rule is rule number 8, Think like the client - help control costs.

So far, here's the list:

1. Represent only clients you like.

2. The client is the main event.

3. Make sure everyone in your firm knows that the client is the main event.

4. Deliver legal work that changes the way clients think about lawyers.

5. Over-communicate: bombard, copy and confirm.

6. When you work, you are marketing.

7. Know the client.

8. Think like the client - help control costs.

If you haven't read Dan's posts, you should.  The list is thought-provoking and reminds us that clients should always be the focus of any law practice.  Although that sounds easy and even obvious, many, many law firms fail to follow through on this simple principle.  Dan's most recent rule reminds us that sometimes, having a long term view of the client relationship pays huge dividends down the line.  If you can save your clients money, reduce their legal fees, or assure them that there are some things they just don' t need to pay you to do, you'll reap huge rewards and build loyalty.  A client who knows that you're interested in saving them money and helping their business prosper is much more likely to continue to work with you than one that thinks you're only in it to get every last dollar you can out of them.

It may sound risky, but sometimes telling the client they don't need you is the best way to stand out from the crowd and ensure that you get paid in the future.

Why Do You Need a Mission Statement?

In a recent conversation with a group of lawyers, someone asked why should have a mission statement.  Here's a brief of discussion of why I think it’s important to have vision and mission statements, and how I define those terms. 

A lot of law practices develop 'by accident’ rather than by design.  Often lawyers take whatever work comes in the door because they are afraid of giving up or turning away work.  This can lead to a haphazard practice, sometimes with clients or matters the firm either doesn’t like or doesn’t feel completely confident or comfortable handling.  Some firms overextend themselves into practice areas in which they have little interest, knowledge or experience. All of this adds to stress and creates a feeling of being overwhelmed or directionless (not to mention possible issues of malpractice or ethical violations).  Even those that have well defined practices often aren't sure whether they are running the firm or vice versa.  Many question why they're doing what they're doing.

Creating vision and mission statements provides a direction and a purpose for the firm. Take some time to think about the vision for your firm, and write down both the vision that you want to create and the mission for your practice.  Writing down these two statements, which don’t have to be long (and can actually be counterproductive if they’re too long), creates a tangible reminder that you can continue to refer back to. 

The vision is the statement of what you are building – what you want your firm to be in the future.  The vision should be as specific as possible and can include things like culture and atmosphere as well as financial goals, size and location of offices and areas of practice.

Brainstorm and be as expansive as possible when creating your vision statement.  Don't edit yourself when you conceive of your initial vision.  You can always distill it down, if necessary.  Ask yourself if you could do anything, what would you provide for your clients?  What do you want their experience with your firm to be like? 

The misison statement  illustrates how the firm intends to achieve its vision on a day to day basis.   It demonstrates why clients will hire you to represent them. Your mission statement will convey to clients and potential clients the essence of your firm and the manner in which you do business. 

The mission statement can be a powerful way to strengthen the infrastructure of your business and to attract and keep the clients you want.  To be effective, the mission statement should be unique and reflect your firm's personality.  If the mission statement rings true if you substitute the name of another lawyer or law firm, your mission statement is probably too generic or too vague. 

There are three major prongs to consider when writing a mission statement: purpose (why the firm exists), business (the firm's clients and practice areas) and values. 

Use the vision and mission statements a guiding principles against which you measure each of the firm’s activities and strategies, from practice areas to marketing to client service.  Rather than the practice developing on its own, with no clear direction, work backwards from where you want to go and and figure out how to get there.  Make your practice what you want it to be.  Begin to craft your practice in a more purposeful way and create action plans.  Ultimately, those plans will bring the firm to its destination – the attainment of the firm’s vision.

It is important to remember that writing these statements will be of no use whatsoever unless you believe in them and actually implement them.  You and your firm must be willing to commit to these ideas and to allow your practice to revolve around them.  They should be your touchstone and remind you of the reasons why you're practicing law in the first place.

To read more about vision and mission statements, you can read my article entitled, "How To Take Control of Your Practice by Creating Vision and Mission Statements" in the February 2006 GP/Solo publication, Law Trends and News.

Unauthorized Practice of Law in New York - Upping the Ante

The subject of  'unauthorized practice of law' has been a topic of some discussion on the Solosez list serve lately, and then I read in the New York Lawyer that the New York State Senate Judiciary Committee approved a bill that would make the unauthorized practice of law in New York a felony with a maximum sentence of four years in state prison.  Currently, section 485 of the Judiciary Law makes the unauthorized practice of law a misdemeanor in New York.

State Bar President A. Vincent Buzard has described the unauthorized practice of law in the state as a 'signifcan't problem,' but notes that most district attorneys often lack the time or discipline to pursue individuals practicing law without a license. 

Although New York State does recognize that there are services that can be performed by both lawyers and non-lawyers (such as tax preparation services, financial planning and legal research for lawyers), what constitutes the 'unauthorized practice of law' in New York and elsewhere is certainly bound to be an ongoing issue, particularly with the proliferation of 'do it yourself' services and companies on the web.  Whether a stiffer penalty for unauthorized practice of law (if it is enacted) will have any effect on remains to be seen.