Law Practice Management

21 02, 2011

On Presidents Day: Abraham Lincoln’s Advice on Lawyering

2019-04-01T20:43:35+00:00By |3 Comments

Around 1850 Abraham Lincoln wrote some sound advice to lawyers and those contemplating becoming lawyers.  Over 160 years later, his advice is still worth heeding.  Hat tip to  Tom Adolph, a partner at Jackson Walker L.L.P., for sharing this with me. Here are Lincoln’s words:

“I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful. The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day. Never let your correspondence fall behind. […]

30 08, 2010

Sleepless in Seattle: A Lawyer’s Occupational Hazard?

2019-02-10T23:15:58+00:00By |1 Comment

“If a man had as many ideas during the day as he does when he has insomnia, he’d make a fortune.” ~Griff Niblack

In my law practice I often began morning instructions to my staff with “In the middle of the night, I remembered that we need to . . . .” One day, my paralegal responded, “Don’t you ever sleep through the night?”

Taken aback, I stammered, “Uh…no. Do you?” I was surprised to learn that she usually did. Perhaps I thought waking in the middle of the night was an occupational hazard of working in a law firm. I had awakened for so many years that I forgot that some people don’t.

Waking is not really a problem, unless I can’t get back to sleep for hours. I appreciate my faithful spirit guide — or whatever it is — for the midnight alert that something is about to fall through the cracks or for gifting me with brilliant solutions to thorny problems. John Steinbeck said “It is a common experience that a problem difficult at night is resolved in the morning after the committee of sleep has worked on it.” I just wish The Committee would wait until morning to give me the good news. Who knows? Maybe the dark of night is the only time I am quiet enough to hear whispered answers or warnings. In any event, if I don’t get back to sleep until an hour before the alarm rings, I start the day in a fog and I’ll probably react irritably to someone by 3:00 p.m.

If this sounds too familiar, here are a few tips from an experienced wee-hour-waker that may help you get back to Snoozeville more quickly.

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23 08, 2010

Debra’s Now Guest Blogging for SPU

2010-08-23T13:13:37+00:00By |1 Comment

Recently Susan Cartier Liebel, founder of Solo Practice University,  invited me to become a regular guest blogger for the Build A Solo Practice @ SPU blog. Although I had previously been a guest blogger there, my inaugural post as a team member was published on August 19, 2010. Got Clients? How Did THAT Happen? explains why lawyers should keep records tracking their marketing efforts, as well as ask new clients how they came to the firm.

In addition to the blog post, check out the comments for even more ideas on how to identify what really works in your business development efforts. And while you’re there, if you’re trying to get a solo practice going, check out SPU. It has a lot to offer.

20 08, 2010

3 Ways to Capitalize on a Referral Source Call

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

Lee Rosen recently blogged about 5 Ways to Mess Up a Referral Source Call. He was talking about how some people make contact with a potential referral source, then start selling themselves and virtually assure that they’ll never get any referrals from that contact. 

I commend you to his post as an easy-to-digest reminder of 5 common blunders. They all boil down to being far more interested in getting your message out, than in listening to the other person and finding out how you can help them. 

Now that you know what not to do, what can you do to make it more likely that the contact will actually turn into a referral source? That really boils down to 3 basic principles. 

1.    Find a way to help them with something.  

This is the number one way to get more referrals. Studies show that when someone gives us a gift or does us a favor, we have an urge to respond in kind. So make an effort to send them a referral or at least make an introduction that they might benefit from. If you can’t do that right now, is there some information or a resource you can share? Maybe it’s a link to an article that provides an answer to a question or problem they mentioned.

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6 07, 2010

Making Your Criminal Practice More Rewarding

2010-07-06T14:11:09+00:00By |Comments Off on Making Your Criminal Practice More Rewarding

“The variety in a criminal law practice keeps it enjoyable. Familiarity at the courthouse makes it fun,” says Austin solo Erik Goodman, who has been board certified in criminal law since 1985. Houston criminal attorney John Parras agrees. “People charged with crimes are wealthy, poor, smart, dumb, funny, eccentric, boring, interesting and mundane. The scenarios that bring them to court are sad, funny, interesting, complicated, simple, stupid, and entertaining,” according to Parras, who has been designated as a Super Lawyer – Rising Star and began his legal career as a law clerk to Michael Tigar and Ron Woods in the Oklahoma City Bombing trial.

Yet many criminal attorneys suffer from stress and burnout. Others struggle to make ends meet. How can you keep your practice manageable, enjoyable and financially successful, too? […]

21 06, 2010

Handy Additions to Your Conflict Resolution Toolbox

2010-06-21T13:04:13+00:00By |Comments Off on Handy Additions to Your Conflict Resolution Toolbox

“I suppose it is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail,” observed the famous psychologist , Abraham Maslow. When it comes to conflict resolution, the only tool that most lawyers get from law school is a hammer.

Hammering your opponent might work in a trial, but it doesn’t create optimal outcomes in a casual disagreement. It doesn’t work very well when your “opponent” is your boss or someone you care about. It doesn’t foster healthy and productive on-going relationships at the office. Hammering the other side and trying to “win” tends to spawn resistance, rigidity, passive-aggressive behavior, escalation or chronic difficulties. Defeating your opponent rarely results in genuine resolution of the issue.

Lacking other tools, ironically, some lawyers avoid confrontation on their own behalf. I know a very effective trial attorney who wouldn’t return a shirt that was the wrong size. Conflict avoiders allow the biggest rainmaker or the loudest bully in the office to control decision-making, without benefit of their valuable input. Meanwhile the law firm experiences low morale, costly turnover, missed opportunities and wasteful mistakes.

To help you become more effective at resolving your own conflicts, as well as at helping clients resolve theirs, here’s a brief primer on a few techniques to add to your tool box. […]

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.

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.

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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:

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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.

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