Has It Become Too Late Too Soon?

Posted on January 3, 2012 by smblackford

Happy New Year!

I was joking with my husband about running out of time to get something done before it was too late: “I hate when it’s too late too soon!”  Maybe I’m on to something here.  Running out of time may have been part of 2011. Maybe it has even crept into 2012. Well, luckily, goals are something we set for ourselves and often achieve with great enthusiasm. Other goals we hit a couple of times and then miss a couple of times and give up, discouraged. You may be confusing goals with resolutions because ’tis the season to be confused about setting goals in the new year when we likely are expressing our resolutions. Goals are measurable – “My goal is to lose ten pounds.” Resolutions are for our continuous effort, “My resolution is to eat healthier. “  For more on Resolutions, see Rod Ibrahimi’s January 2, 2012 post on Lifehacker, “The Science Behind New Year’s Resolutions (And How to Use it to Achieve Yours!)” and to get more clarity around the difference between goals and resolutions, I like David Galloway’s December 31, 2011 post on Lifehacker, “Differentiate Between Goals and Resolutions to Aid in Personal Achievement.”

Now, has it become “too late too soon?” It is the start of a new year. Make it your resolution to learn better strategies for managing your time.

Here are some of my favorites.

1. MindTools. You can do some serious self-improvement on this website! Here is the link to their excellent Time Management Toolkit. I recommend you take the Time Management Quiz to understand what can best help you. Time to get honest.

2. Pomodoro Technique. If you struggle somedays with wasting more time avoiding doing something than the something would take, you may be having some anxiety about getting it done. You think?! Time management gurus advise breaking tasks down into smaller chunks. Very helpful. What the Pomodoro Technique can do is take it one step further, a timer that ‘tells’ you it is time to work in a sustained fashion for just 25 minutes. You are ‘supposed’ to put a checkmark on a piece of paper. I have an iPhone App that tracks my completed pomodoros. Forget the paper – just more clutter on my desk! Then ‘tells’ you it is time to take a break for 5 minutes. After a set of four pomodoros, you take a longer break. Simple. Now try to stick with it. It certainly is a tool for tackling that tough one that you shuffle off to the side of your desk. Try it. It may work. Carol Wilson was Oregon’s first Practice Management Advisor. She used to kindly advise breaking down tasks into small increments. I don’t know if she was a fan of the Pomodoro Technique. But the principle is the same: break it into doable portions. Eat the elephant one bite at a time.

3. Getting Things Done! David Allen.  He has quite a following. A favorite place to begin with the idea is to take the Getting Things Done Quiz which is called,  GTD>Q  and available free. More good assessment. There is a  G T D® Starter Kit that may interest you if you want to leap into the program with both feet, complete with CDs and exercises and other content for $79.98. But I would cautions some of you to be careful to not avoid tackling something that needs tackling by getting focused on doing the G T D® Starter Kit instead of just working on one piece of what needs to be done. You know who you are!

 

4. Get some personal one-on-one or group coaching. Those of you reading this in Oregon can contact the Oregon Attorney Assistance Office and ask Meloney Crawford to include you in her, Getting It Done 2012 program.  Don’t procrastinate now, as it starts the second week of January. And you can even attend by online method. What I really appreciate about Meloney is that she doesn’t believe in one-size-fits-all. She will share a number of tools to help you dig in or dig out!

Well, these are my four. What are yours?

Happy resolutions to you!

 

®

Filed under: Resources, Time Management and Productivity | Leave a Comment »

Gifts Aplenty

Posted on December 16, 2011 by smblackford

Here in Oregon, new lawyers are beginning their professional life working with their new mentors according to the desired goals of Oregon’s New Lawyer Mentor Program. I have seen many of these new lawyers who are seeking help with launching their own law practice. Likely this is a situation being repeated in many states as more law school graduates take and pass their state but don’t find a position with a law firm or government agency or in-house counsel.

My advice to these new lawyers  is to get more mentors to work with. There is no “One-Size-Fits-All” mentor. But there are talented lawyers who are experts at closing statements, drafting clear contracts and compelling motions. Others have mastered the fine art of working the room at a networking event or meeting with a prospective client. Still others are excellent at numbers and managing law firm financials so that clients are served at the most reasonable rate at a reasonable profit to the firm.

Where to find these potential mentors? Begin asking other lawyers and judges and judicial clerks to name the five best family law attorneys or civil litigators or criminal defense lawyers or estate planning attorneys. Watch these recommended lawyers in court. Then begin deciding who you think you’d like to learn from. You will be surprised how often these lawyers will be willing to give you tips. I haven’t heard of any of them turn down meeting with a new lawyer. Part of being good at your game is being dedicated to the profession. Realizing that, it is easy to see that you are just as important to these lawyers as they are to you.  Consider them your team of mentors and begin getting gifts aplenty.

Filed under: Mentors, Professionalism, Resources | Leave a Comment »

Most Important Checklist: Security of Your Gizmos and Gadgets

Posted on July 15, 2011 by smblackford

Here at the PLF we are fond of checklists as a tool for loss prevention. Busy lawyers and their staff will find lots of checklists among the 41 different categories of practice aids and forms. www.osbpf.org.

Here is an important checklist you may not have written down.
1. Check that your cell phone – especially Smart Phone– has a password to access it and use it.

2. Check that you have a remote device tracking and data-wipe application installed for your phone and your laptop.

3. Check that your laptop has a secure WiFi if using public WiFi spots.

4. Check that your password is a “strong” password and change it often and different variations for different locations.

5. Check that your cell phone is still on your hip, that your laptop is safely in its bag in your immediate control, and that all those gizmo and gadgets are all tucked away safely where you want them to be.”

Client confidentiality is helped with a checklist for the security of your electronic gizmos and gadgets.

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An Untimely Death – Preventable

Posted on March 10, 2011 by smblackford

Do you realize how many times suicide is the cause of the “untimely death” of many lawyers? It is preventable. It is unpleasant and scary to admit there is a concern.

Here are some signs of impairment that can help alert you that someone you know may be at risk.

• Not returning phone calls to clients and opposing counsel.
• Not available when clients or opposing counsel attempt to reach lawyer at the office.
• The voicemail has a message that says it is full.
• The lawyer doesn’t follow through in delivering work product, answers, or return calls as promised.
• Contact with the lawyer leaves impression of distractibility, difficulty tracking conversation, or other indications of cognitive difficulty such as slurred or halting speech.
• Lawyer may be abusing alcohol or drugs and now exhibits disheveled appearance or poor personal hygiene, alcohol on breath or exuded from pores.
• Lawyer’s behavior has changed dramatically. Edginess, agitation, hair-trigger angry outbursts are often dismissed as “just having a bad time lately.”
• The lawyer seems to disappear for periods of time that is unexplained.
• The lawyer has missed deadlines and court appearances.
• The lawyer’s personal finances are in bad shape: loans and credit cards and other accounts in collections and is dodging evictions.
• The lawyer, if working for a firm, is in trouble for chronic absenteeism or “flakiness” or has recently been fired or subject to an abrupt “mutual parting of the ways.”
• The lawyer has recently moved to an executive office suite or virtual office but is never there when you check with the receptionist.
• There may be multiple “attempted delivery” tags taped to the door or a pile of mail can be seen through the mail slot in the door.
• The lawyer doesn’t come to the door though you can hear sounds of someone in the office.
• The lawyer begins to vanish or self isolate a few months before he or she finally commits suicide.
Resources:
National Suicide Prevention Lifeline 1-800-273-TALK (8255)
ABA Commission of Lawyers Assistance Programs (CoLAP)
Directory of State Lawyer Assistance Programs
For further information, I highly recommend you download and listen to the following provided as a free service to ABA members. What Lawyers Need to Know About Suicide During a Recession: Prevention, Identity and Law Firm Responsibility (Free MP3 Audio Download)Co-sponsored by the ABA Commission of Lawyer Assistance Programs.

Filed under: Lawyer Assistance, Suicide Prevention | Leave a Comment »

New Amendments to Oregon Rules of Professional Conduct

Posted on December 3, 2010 by smblackford

Just learned that the Oregon Supreme Court approved changes to Oregon RPC 1.5 and 1.15-1 regarding earned on receipt fees and RPC 3.3 relating to a lawyer’s responsibilities when a client or witness offers false evidence.

Let me say that “Earned on Receipt” fees have been troubling legal fees because many lawyers want to designate them as “Nonrefundable.” If you didn’t do the work bargained for, then to hang onto the fee would be collecting a ‘clearly excessive fee,” putting you in violation of Rule 1.5. Now the rule has been amended and if you charge earned on receipt fees you will want to review this amendment so that you can comply:
Rule 1.5 Fees

“…(c) A lawyer shall not enter into an arrangement for, charge or collect:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of spousal or child support or a property settlement;
(2) a contingent fee for representing a defendant in a criminal case;
(3) a fee denominated as “earned on receipt,” “nonrefundable” or in similar terms unless it is pursuant to a written agreement signed by the client which explains that:
(i) the funds will not be deposited into the lawyer trust account, and
(ii) the client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.”

Make certain that you following the guidelines and have a written agreement signed by your client that properly explains this type of fee arrangement. Be prudent: use the actual language of the rule in your written agreement.

Rule 1.15-1 Safekeeping Property
“…(c) A lawyer shall deposit into a lawyer trust account legal fees and expenses that have been paid in advance, to be withdrawn by the lawyer only as fees are earned or expenses incurred, unless the fee is denominated as “earned on receipt,” “nonrefundable” or similar terms and complies with Rule 1.5(c) (3).

Make certain that you put fees that are designated “earned on receipt,” or “nonrefundanble” or other similar terms into your general account – not into your trust account.

Rule 3.3 Candor Toward the Tribunal
“(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including if [necessary] permitted, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false;
(4) conceal or fail to disclose to a tribunal that which the lawyer is required by law to reveal; or
(5) engage in other illegal conduct or conduct contrary to these Rules.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if [ necessary ] permitted, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, [unless compliance ] but in no event require[s] disclosure of information otherwise protected by Rule 1.6.
(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse. “

Be careful when reading the Rules. When in doubt, be sure to call the Oregon State Bar General Counsel, Helen Hierschbiel for help with interpreting the application of our Rules to your situation and for any ethics advice at extension # 361 at the OSB (503) 620-0222 or toll free in Oregon at 1-(800)-452-8260. If you can’t reach Helen, you can call Chris Mullmann, Assistant General General Counsel and Client Assistance Officer Manager at extension # 392.

Filed under: Ethics | Leave a Comment »

Staying the Course

Posted on December 1, 2010 by smblackford

December 1st. The first day of the last month in the year, 2010. Some lawyers are wondering if they should continue trying to launch their new law firm. It is important to realize that it is hard work running your own law firm.

Conventional wisdom is it takes three years to successfully launch a new business. Three years can be a scary long time when the clients aren’t coming to you fast enough. How can you stay the course?

Consider doing some contract lawyering or contract paralegal work in addition to working on your own client matters. The PLF has some helpful materials under “Contract Lawyering” in their Practice Aids and Forms category online at www.osbplf.org and there is a helpful CLE titled “Practical Contract Lawyering” that gives you a total of 4.0 MCLE credits – .75 general, 2.5 general or practical skills, and .75 ethics. Helpful, free… what could be better than this? Call the PLF and ask to speak to one of us practice management advisors! 503-639-6911 or toll free in Oregon at 1-800-452-1639 and ask for me, Dee, Beverly. We’re here to help you stay the course.

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Battling Dragons as You Start Your Solo Practice

Posted on September 3, 2010 by smblackford

I see more lawyers these days who are launching their solo practice. Some line up office-sharing arrangements while others decide to go slow by initially working from home. An article I wrote for the Oregon Bar Bulletin, “Home Alone: Where to Hang Your Shingle” may give some ideas for lawyers thinking about this option.

An over-riding concern of lawyers starting up their solo practice is making sure that they don’t spend too much money all at once. For some, starting up on the proverbial shoestring seems to be the best they can do given the circumstances. Almost two years later, I still find my article “Law Office Start-Up: Law Office on a Shoestring” can help some lawyers think through their early budget. No matter how small, a budget is essential.

Starting up a law practice as a solo is starting up your professional life. Do it with at much thoughtful investigation as you can. Make a business plan and put it in writing. I remember the following adage: “Those who fail to plan, plan to fail” being drilled into my head early in the business world. It made me a planner! Sucessful ventures are usually accompanied by well-thought-out plans.

Not all of us are entrepreneurial. Not all successful solo lawyers are either. It is natural to feel nervous and even fearful starting up a business, especially a law practice. Some starting up now will be successful and some will hang it up before the year is up. The important thing is not to become paralyzed by fear wondering which will be your destiny. It’s not knowable today. Today, the task before is to take the first step. Summoning courage that carried you to this point, enables you to move forward or as Goethe urged, “to begin it.”

“Each indecision brings its own delays and days are lost lamenting over lost days…What you can do or think you can do, begin it. For boldness has Magic, Power, and Genius in it.” – Johann Wolfgang von Goethe

Filed under: Business Planning, General, Professionalism | 2 Comments »

Managing Your Client’s Expectations

Posted on August 19, 2010 by smblackford

For many clients, the decision to get a lawyer is a scary one. How much will it cost me? When do I have to pay? Will the lawyer be able to help me? What will the lawyer do to fix my problem? How long will this take? All questions that run through your client’s mind but may not be asked for a combination of reasons you might find surprising including, because your client is not thinking clearly, is nervous to be in your office, or is afraid you won’t want to help if you are asked these questions.

I spoke to one lawyer who shared that his elderly client would listen thoughtfully, stroking his chin and say, “hmmm, that’s a good point.” The gentleman turned out to have dementia and didn’t understand what the lawyer was talking about but wanted to appear to understand to be polite. Hopefully, your client does not suffer from dementia and will understand if you explain things simply and slowly. Here are some tips for managing your client’s expections.

Start with clarity up front. Discuss key things at the initial client meeting:
1. the client’s objective in getting a lawyer for the situation;
2. the legal process you will need to go through;
3. the range of possible outcomes with any risks affecting success;
4. the information that still needs to be gathered;
5. the method of charging and billing for your services; and
6. your realistic estimate of how long the process and how much the legal fees and costs based upon the present facts as you understand them.

Clarity up front. Use a written fee agreement that includes the scope of representation signed by you and your client.
Your client will always be in favor of being well informed. Many lawyers think that their client does not want to have a multi-page written fee agreement that includes the scope of representation, the procedure and frequency of communication, along with the procedure and frequency of billing statements and payment.

Communication goes both ways. Be sure to include the responsibilities of the client to inform the lawyer promptly about new facts, new contact information, or upcoming periods of unavailability. Otherwise you may find your client’s phone has been changed with no new number or discover your client’s plan to visit family in another country is an unwelcome 11th hour discovery as you prepare for an imminent deposition, court appearance or decision to be made.

Clarity up front. Use a scope of representation letter signed by you and your client if not incorporated into your fee agreement.
This is for your protection against misunderstandings which can lead to a very poor lawyer-client relationship, resulting in an ethics complaint or malpractice claim.

Clarity throughout your representation. Provide adequate written communication about what is happening and how it affects the outcome: result, time, and cost.
Status updates are woefully underutilized and easy to provide. The number one complaint clients have about their lawyers is a lack of communication: I don’t know what’s going on with my case! This is a complaint that is avoidable. Have form letter status updates that you can quickly customize to provide personal information. For example, personal injury cases require request for medical records. A status update letter can inform the client of which records have been received and which are still necessary. When clients find out which medical provided hasn’t responded or provided requested records, these clients frequently call to express how important it is to them, prompting the office to get the records out by the end of the day to avoid losing a patient.

Managing your client’s expectations requires communicating needed information at the beginning and throughout representation. It also requires understanding that if you provide your client with a range of time for returning phone calls or delivering documents, your client will focus on the earliest time. The payment should come in two or four days. Anyone who has ever called the pediatrician worried about a sick child, upon being told the doctor will call you right back usually waited by the phone.

It is human nature to focus intently on our problems and needs and believe that those we pay to help us with these problems do too. We hear and remember what we wanted to hear. If you start with these premises, you will naturally know how to respond to your client.

It is better to under promise and over perform.
A good adage to adopt as your client-service orientation. Tell your client you will call back by 5 p.m. and plan to call by 4 p.m.; that you will have the will done by next Friday and plan to have it done by Wednesday. If something comes up delaying you, you will still meet the deadline given to your client. Your client will be very pleased. No client ever complained about a lawyer who called back sooner or who delivered work before deadlines. Happy clients have their expectations met. By managing your client’s expectations, you will find them easier to meet.

Filed under: Billing, Client relations, Communication, Ethics, Law Practice Management | Leave a Comment »

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