31 03, 2010

Commonly Misunderstood Tenant Issues in Office Lease Negotiations

2010-03-31T14:31:47+00:00By |6 Comments

If you aren’t a real estate lawyer, you may feel a little boggled by the terms of the office lease proposed by your prospective landlord. Which provisions are fairly standard? Where are the minefields that could blow up later? Our Guest Blogger, Scot Dixon, is a real estate lawyer at Vinson & Elkins LLP in Houston, TX. He points out common misconceptions and traps for the unwary relating to commercial office leases in Texas.

Guest Blogger – E. Scot Dixon:

I. WHAT EXACTLY CONSTITUTES THE “PREMISES”

The base rent in an office lease is usually a “per square foot” figure rather than a fixed number. Base rent is determined upon something called the “leaseable area” of the premises. It is important to keep in mind that “leaseable area” is a specialized term of art and does NOT mean the actual area of the premises that Tenant occupies. The “leaseable area” is the actual area of the premises itself (often called “usable space”) plus what is commonly referred to as a “common area factor,” which is the Landlord’s estimate of the percentage of total building area taken up by common areas. […]

2 03, 2010

Social Media Articles in Texas Bar Journal

2010-03-02T13:23:39+00:00By |Comments Off on Social Media Articles in Texas Bar Journal

The March 2010 issue of the Texas Bar Journal is out, and it contains a number of excellent articles on “The Attorney and Social Media”. I have two articles in it. Social Media 101 for Lawyers and Ethically Navigating the Social Media Landscape. I had more to say than got pubished, but editors will edit, when space is limited. 😉

My Twitter friend, Adrian Dayton (@AdrianDayton) has an excellent article about 10 Steps to Becoming a Rainmaker through Social Media. Couldn’t have said it better myself.

John Browning explains how lawyers use social media to serve process in lawsuits. He also describes numerous cases of juror misconduct with social media in another article.

The entire issue is worth reading, even the review by Gerry Morris on the off-topic subject of online accounting in a law practice.

Way to go Texas Bar Journal!

4 01, 2010

Keeping Those New Year’s Resolutions

2010-01-04T14:57:48+00:00By |Comments Off on Keeping Those New Year’s Resolutions

How long do your New Year’s Resolutions usually last? If they rarely make it through January, you may be getting tripped up by some common snags that lawyers encounter.  Do you set the bar unrealistically high or lack a way to measure interim progress? If so, you set yourself up for discouragement. On the other hand, perhaps the time frame, or the goal itself, is too fuzzy. 

The benefits of achieving your goal may not be tangible enough to keep you motivated. You may need an accountability partner or someone to buoy you up when it gets tough. Perhaps you need to think about what has helped you succeed in the past, or how to make the process more fun. Maybe this resolution is just a “should,” rather than what you really care about. Maybe you need more meaningful consequences for the outcome, whether failure or success. 

To improve the likelihood of keeping your resolutions, make sure you know: (1) why you really want to do this, (2) how to measure interim progress, (3) the specifics, including the deadline, for what constitutes success, (4) the resources available to help you, and (5) the reward for your triumph. 

For more in-depth tips on how to keep those resolutions, read Secrets to Actually Accomplishing Your Goals in this blog.

11 12, 2009

Tips for Relieving Holiday Stress

2009-12-11T19:33:24+00:00By |Comments Off on Tips for Relieving Holiday Stress

December often brings added stress to many lawyers. Some associates worry whether they have billed enough hours, and whether they can possibly make up the shortfall in the remaining weeks in the year. Other attorneys work long hours, struggling to meet hard and fast deadlines, as multiple clients try to close transactions or settle cases before year end.

Holiday shopping, traffic jams, and commitments to friends and family create additional demands on our time, and fray our nerves in a season that should be filled with laughter and good will. This year’s financial woes in the legal industry just seem like piling on.

If you feel stress during the holidays or any other time, here are some reminders about how to keep it down to manageable levels.

1. Engage in self-care.

We all know that we get cranky when we are hungry or tired, and that exercise helps relieve stress. Nevertheless, self-care is often the first thing we sacrifice when time is in short supply. Shorting self-care may actually cost us more time, however. We need fuel and rest to think clearly and process efficiently, so without them, our work takes longer to complete, or we make mistakes that cost time to correct.

[…]

1 09, 2009

Is “Good Enough” Becoming the Enemy of the Perfect?

2009-09-01T21:41:43+00:00By |Comments Off on Is “Good Enough” Becoming the Enemy of the Perfect?

About a year ago Jordan Furlong warned in his excellent article, The Rise of Good Enough, that “clients are coming to see the costs of exactitude in the law as simply too high.” He described how some general counsel look for outside lawyers who weigh the expected risks and benefits of a legal course, rather than always pursuing the exact right answer.

Recently Robert Capps pointed out in Wired magazine that inexpensive but “good enough” technology is revolutionizing industries ranging from the military to legal services. Technology now permits lawyers to provide online “customized mass production” of common documents at rock bottom prices.

[…]

31 08, 2009

How Investors May Impact the Future of Law Practice

2019-02-10T23:15:57+00:00By |1 Comment

Jordan Furlong recently wrote another insightful post relating to the future of law practice in light of the upcoming ability of UK law firms to accept non-lawyer investors in 2011. Furlong summed up the likely impact of non-lawyer investors in law firms this way:

“Equity investment in or outside ownership of law firms will be neither a panacea nor an unalloyed good — mistakes will be made, lines will be crossed, abuses might well take place. No innovation arrives perfectly safe and sound. But what such investment does offer is something the legal services marketplace has needed for too long: law firm management singularly driven to improve efficiency, effectiveness, and above all, client satisfaction, because it makes business sense to do so.”

I also discussed some of the likely impacts shortly after the first Australian law firm public offering in 2007. While non-lawyer investment may result in the decline in professionalism that many lawyers fear, the decline has already been so significant in the last couple of decades that I’m not sure it would be that noticeable. I acknowledged some other detriments, but pointed to these additional benefits:

[…]

14 07, 2009

No Lawyer Left Behind: Getting on the Web

2019-02-10T23:15:06+00:00By |5 Comments

Not long ago, I received a request for a lawyer referral. Three lawyers came to mind, so I prepared to pass on their contact information, including website addresses. To my surprise, one of the lawyers did not have a website. Without a website, I feared the lawyer would appear unsophisticated to the client. I calculated the extra effort necessary to describe his qualifications. In the end, I chose to save myself some time and avoid the risk of appearing to give low quality referrals. I passed on contact info for only two lawyers.

Originally published in the March 2007 issue of the Texas Bar Journal.

Referrals Check You Out on the Web

Some lawyers say they don’t need a website because most of their business comes from referrals. According to Margot W. Teleki in the July 17, 2006 issue of the New Jersey Law Journal, “the first thing your referral will do is check out your firm’s web site before giving you a call to see who and what you are and how well you’re suited to meet his needs.” Gerry Morris, a white collar criminal lawyer in Austin, Texas, says “Sometimes clients referred to me by other lawyers come into my office with a printout from my website in hand.”

If your firm doesn’t have a website, could you be losing referral business without knowing it? When your prospective client can’t find you on the web, could that send the message that your firm is too small, too new, too unsophisticated, too unsuccessful, or too behind the times to handle the good quality work you desire to attract?

[…]

24 04, 2009

Silver Linings in Recessionary Times

2009-04-24T15:03:13+00:00By |Comments Off on Silver Linings in Recessionary Times

The current economic downturn has affected BigLaw to an unprecedented extent, resulting in lawyer layoffs. Many smaller firms, however, have not actually seen a drop in business. This scary economic climate may actually create opportunities for smaller law firms.

Small Firm Opportunities

1. Big companies with shrinking budgets may take a chance on smaller law firms with good reputations and less expensive fee structures. Make sure you keep your corporate relationships current.
2. Your firm may attract higher quality, experienced attorneys or staff at reasonable salaries, as the result of layoffs from corporations or large firms. Some lawyers may be glad to work on an Of Counsel basis or office sharing basis, just to have a respectable place to land with the possibility of referral business.
3. More graduating law students will have difficulty finding jobs, and they may seek positions as law clerks or even unpaid interns, just to get experience. Get some help or delegate tasks you don’t like to do, without over-extending your budget.

Take Advantage of Slower Business

If your business has slowed down, this too shall pass. Take advantage of the additional time you now have available. Do what you kept wishing you had time for, when you were too busy. Here are a few suggestions to consider.

[…]

21 01, 2009

Preparing to Create a Marketing Plan

2009-01-21T12:50:12+00:00By |Comments Off on Preparing to Create a Marketing Plan

The beginning of a new year is a good time to set a marketing plan for your legal services. Many lawyers don’t have a marketing strategy, much less an action plan. They use the “Threshold Method.” They take any business that crosses the threshold into their office.

Some attorneys write down marketing goals, but they put about as much thought into them as they do their new year’s resolutions. They resemble a wish list more than a plan. A wish list is better than nothing. At least if you stumble onto one of your goals, you’ll recognize it.

Some lawyers actually write down a plan of marketing activities for the year. This year they plan to give four speeches, attend three conferences and take four clients to lunch per month. At least they have some activities to aim for. They get off to an optimistic start, but their efforts tend to dwindle in a couple of months. Their numbers are specific, but their target audience is not. They lose momentum because they don’t have a focus.

A good marketing plan works like a treasure map, guiding you toward your goal. It gives you specific instructions, with landmarks that will help you gauge whether you are making progress toward finding what you are looking for. You know what you are trying to get to because “X marks the spot.”

You need to do some preparatory work, surveying the landscape before you create your treasure map. Get clear about the treasure you are seeking, and what kind of “X” it will be buried under. The steps described below will get you ready to map out a good plan.

[…]

14 11, 2008

Successful Lawyer Time Management

2008-11-14T16:16:34+00:00By |Comments Off on Successful Lawyer Time Management

A lot of lawyers struggle with time management.  Many lament the unpredictability of their schedules and the volume of last minute client “emergencies.”  Some get so many interruptions during the day that they don’t actually get a good start on their most important projects until after 5:00 pm.  They work long hours just to make a little progress.

Some attorneys want to please their clients, so they promise to deliver the client’s work at the earliest date they can get it out.  Unfortunately, they usually make the assessment in a vacuum, without first assessing the other commitments they have already made, and without allowing space for unexpected contingencies.

There are many such issues that affect an attorney’s productivity.  Here is my top ten list of time management behaviors of productive lawyers.

[…]

 

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