Law Office Management
Law Office Management
Law Office Management
As previously posted to Solosez by the Practice Management Advisors Committee of the ABA Law Practice Management Section
PowerPoint Presentation created by James S. Walker For the Small Law Firm Center Association of the Bar of the City of New York www.abcny.org
Client Relations
Confidentiality
Practice management advisors from bar associations and law societies (in Canada) make numerous visits to law practices to help lawyers in the management of their practices. One issue that frequently arises is the confidentiality of client information. If you are in an office sharing arrangement, you should take overt steps to ensure that persons not associated with your practice do not have access to your files or other client information. Client files must remain confidential, and that confidentiality does not extend to other lawyers or non-lawyers sharing your suite. Lock your office door when youre out of the office. Remember to do the same with the files on your secretarys workstation or in file cabinets in a public area. Also, if you share a receptionist, be sure to periodically remind him or her not to discuss your business or your clients with others sharing the suite.
Be Attentive
Develop your listening skills. Learn how to encourage your clients to talk and how not to interrupt. Learn how to communicate attentiveness. Use appropriate body language. Learn how to be still. Don't play with paper clips. Don't gaze out the window. Don't allow interruptions. The resulting benefits are numerous, but most of all, your clients will thank you.
Fees
Remember that clients are often under Considerable stress (from their legal problems) the first time they visit a lawyer. Your explanation of your fees and costs may be a model of clarity, but it may not sink in. Give your explanation in writing as well as verbally. If a lot of money is at stake (in the eyes of the client), allow the client time to think it over before committing to your fees. Clients who "buy in" to a fee agreement are more likely to abide by it. Then take the initiative to periodically discuss the amount of fees throughout your representation. If at any given point the fee does not comport with the client's expectations, resolve the situation as soon as possible--don't let it fester until the attorney/client relationship is irreparably damaged.
Involvement is Good!
Involve your clients in their legal matters as soon as possible and as much as possible. The lawyer-client relationship that develops is much better than those in which the client is not involved. Ask your clients to draft their own case histories, review documents obtained in discovery, and participate in the preparation of pre-trial statements. As a result, clients obtain some appreciation for the amount of time and type of work involved in preparing their cases, gain some control over their own cases, understand the effort and skill involved in being an attorney, and gain a greater sense of trust and appreciation for your services.
Tax Deductions
Know how your fees and/or costs can be tax deductible to your clients. If Tax deductions are possible; share this information with your clients. Encourage them to have their accountant or tax preparer call you to get information that might maximize their deduction(s). Your clients will appreciate this extra effort--especially if you explain it at no charge!
Resources
Is this correct?
Have you noticed that as the years go by, you forget the rules of proper grammar and punctuation? (I personally have already forgotten everything I learned in elementary and high school.) Poor grammar in a letter or other document can cast the wrong impression. Well, help is on the way via the World Wide Web. Try www.millernash.com/msgrammar --a law firm web site with help for us grammatically challenged lawyers! Or bookmark <http://webster.comment.edu/HP/pages/darlin g/grammar.htm, loaded with lots of resources, including "Ask Grammar," a way to ask a college professor your most intimate grammar questions for free! Another web site with on-line assistance and a downloadable computer program that goes beyond the grammar functions in your word processor is <http://englishplus.com/grammar.
Endless Possibilities
This week's tip involves an innocuous little web site with great potential for lawyers. The site, www.anybirthday.com, allows you to find the birth date of over 135 million Americans. While the site allows you to send birthday gifts, etc., it can also come in handy to check or confirm birth dates for law-related activities. (Query: Would it be legal to look up the birth date of a job applicant?) It doesn't always find the person, but it does state that Ross L. Kodner was born July 27, 1961; Bruce Dorner was born November 3, 1949; and Jennifer rose was born....well, you get the point. Have fun!
Malpractice Insurance
If you do not have malpractice insurance or you are reviewing your present coverage, there is a new book available to help you make the right choice. The ABA Standing Committee on Lawyers' Professional Liability recently published a very helpful workbook entitled "Selecting Legal Malpractice Insurance." The book provides easy-to-understand information About malpractice insurance policies, a glossary of terms, insurance policy checklists, a pull-out comparison chart to help you choose a policy, and a state-by-state listing of malpractice insurance carriers. A real deal at $15.00 plus $3.95 shipping. Available at http://www.abanet.org/legalservices/lplpubs.html or by calling the ABA at 1-800-285-2221. There is also an on-line version that is available for free (also a real deal) at http://www.abanet.org/legalservices/pl/home.html
Internet Service
Looking for a new Internet service provider in your area? Wonder who offers DSL or 64Kb connectivity? Wonder whether you're getting a competitive price for your T1? Log onto the internet ISP list, enter your area code, and it will bring up all the internet service providers that service your area, along with information on pricing, types of services, and with direct links to the ISP for additional information and ordering. http://thelist.internet.com/areacode.html
Service Agents
Ever wondered how to find out the service agent for a foreign corporation? Most of them can now be found at no charge over the Internet. Maryland attorney Terry Berger just decided to catalog all of the various Addresses into one web page. The result is both impressive and VERY helpful. http://www.geocities.com/resident_agent _info/residentagent.html>
Time Zones
Ever get a phone message from a potential client or traveling client and not recognize the area code? Do you defer returning the phone call because you are not sure if it is too late or too early to call in that area code? Thanks to a freeware utility called Quick Info, you can immediately check the location and time zone of the unknown area code. And once you set this utility to your time zone, it will show you the current time for over 2000 cities around the world. The free download is available at http://www.zdnet.com/downloads/storie s/info/0,,000GSA,.html
Computer Tips
Windows Shortcuts
The MS Windows logo key on the lower left of your keyboard (often between Ctrl and Alt) can be used as a shortcut to many Windows functions. Use the Windows key in conjunction with the appropriate letter key to achieve the following results: Windows-C opens control panel Windows-E opens Windows Explorer Windows-F starts Find files/folders Windows-I displays mouse properties dialog box Windows-K displays keyboard properties box Windows-L logoff dialog box Windows-M minimizes all open windows Windows-Shift-M undoes minimize Windows-R displays Run dialog box Windows-F1 starts Help
Documentation
When you make changes to software or hardware on any individual computer or your server(s), including installation of any upgrades or patches, be sure to document what you've done. This makes it much easier to troubleshoot any difficulties later or to recreate your system if it crashes. It's a great idea to create a master log on the network (make it read-only, with only authorized people making changes) so everyone can access the information. Be sure to print a copy every time you make a change and keep it in a notebook or file, since if your computer crashes you don't want to also lose the documentation on your tweaks to the system.
Filing Tips
Thank You
Create a "Thank You" file. In it should go the letters from satisfied clients, the replies from speaking engagements, the Little League support letter-anything that demonstrates that you are making a positive difference in someone's life. What gets measured gets done. Start measuring the impact that you are having on the world. After all, its a wonderful life!
See it clearly.
Increase the font size on your wills, trusts, cover letters and other form documents often read by elderly, or soon to be elderly clients. They will appreciate this small touch for many years to come.
Color Coding
Many lawyers use the same ivory-colored files for everything in their office: Client files, research files, business files, financial files, etc. When you need to locate a file, the only way to differentiate between files is to look at the writing on the tab of each file. Even if you have a color-coded numbering system along the edge of the file, it's still not easy to find the one file you need among all the files on your desk or in your office So how can you quickly find the one file you need among the many? Color code your files. Use a different color file for each type of file. Client files can be one color. Or you can have a different color file for each substantive area of your practice (family law, T&E, etc.). The business files for your practice can be another color, research files can be another. Think about how your practice works, and which types of files would best be colorcoded. Don't try to do too many colors--three to five works best. Each time you go searching for a file look only at the files of that color. You'll save time and aggravation each time you need to find a file.
Back It Up!
The information stored on your office computers should be periodically duplicated (backed up) onto tapes or disks, and stored at an off-site location. These tapes/disks should not only encompass client information, but firm financial information. An undamaged back-up tape of your most recent billing cycle will keep your cash flowing and save immeasurable hours of lost time and aggravation. (Remember to periodically restore a sample file from the tape/disk to make sure your backup system is really working.)
Destroying files
Many lawyers decide to retain a client's file after the case is closed. It's a service to the client, protection against possible future claims, and a client-retention device. Nonetheless, the file remains the client's property in our jurisdiction. In fact, if you do keep the file, you are required to keep it for a minimum of five years. (See D.C. Bar Legal Ethics Opinion 283.) So what happens with this file after you have held it for proper time, then decide the cost of storage is too great? Can you merely discard or destroy the file? Because it is the client's property you must first try to locate the client and return their property. This can be time-consuming and often fruitless. So what's a lawyer to do? Put a provision in your fee agreement that allows you to destroy or discard the file after a stated time period. State that you will retain the file for them, unless they request it sooner. State that if they do not request you to return the file, that you will discard or destroy the file at the end of a "blank" years--whatever you think is appropriate for your practice and under your bar's rules. Finally, let them know that signing the fee agreement gives you permission to destroy or discard the file.
Office Tips
Networking
Host a social gathering. Invite friends, colleagues and business acquaintances to periodic social gatherings. Call people in the news. When you read newspaper or magazine articles of interest to your practice, circle the names of the individuals who are quoted in the articles. Call the ones who you would like to get to know. Use their quote as an icebreaker. Then ask a follow-up question to keep the conversation moving. If things go well, add them to your contact list. Volunteer to be the secretary or scribe. When you are newly active in an organization, it is sometimes hard to get to know other members. When you attend a function, volunteer to take notes of the meeting or write an article about the event for the organization's newsletter. You then have a good reason to call the other members and introduce yourself while preparing the minutes or article.
Marketing Tips
1. Print law firm business cards for each staff member, including their name and title. Provide some practice on how to give (and take) business cards; encourage them to give out the cards in appropriate circumstances. 2. Send thank you letters to judges, witnesses, and personnel from the court room and clerk's office. 3. Every person you meet is a potential client or potential recommender of a client.
The Receptionist
The receptionist is the person who makes the initial contact with almost everyone seeking to do business with you. Yet often the receptionist is the most underpaid, unappreciated and under-trained person in the office. The receptionist can make a big difference in everything from losing a client to the initiation of a bar complaint proceeding. Compare the impact of the following two responses to an angry client who has not had a phone call returned. (1) Yes, I gave him the message. There's nothing else I can do about it. (2) Mr. Atty is usually very good about returning his phone calls. He has been in court all day. I'll try and make sure someone gets back to you as soon as possible. Make sure that those answering the phone or stationed in the reception area are continually encouraged to be friendly problem solvers. If you have turn-over at the receptionist position, consider having some written guidelines, including responses to difficult situations.
Bills
Make your bills clear and informative, with a format and layout that is easy to read. Ask several clients, your spouse or other non-lawyer to review several samples of your billswith names and addresses redacted, of course! Is the wording free of jargon? Do they understand what work was performed? Can they understand how the amount of the bill was calculated? If so, you probably have a winning format that your clients will respect and pay.
Postal Supplies
How many times do you have to send something to a client, opposing counsel, relative, or friend, but have to make the trip to the post office to get the right box or envelope for Priority or Express Mail? It seems that's just one more reason to procrastinate. And then when you go to the post office you always have to find the correct box/envelope and labels, remember to bring the address, stand in line to have it weighed, and pay for the postage (and, is applicable, remember to write down the business expense!) Now, have your postal supplies delivered free of charge (not even any postage costs) to your office! Prepare the package in the comfort of your office! Then drop off it off on your way home, or call the USPS to pick up your Express Mail for an extra charge. Saves both time and frustration! Go to http://www.usps.gov & then "SHOP" & then "ORDER POSTAL SUPPLIES."
Notification
An attorney/law firm would never move its office without providing notice to clients, vendors, courts, and the community-at-large. In addition, the firm would ensure a forwarding notice was in effect with the postal service for at least six months, usually for a full year. Why is it that when an attorney/law firm changes something as important as its email address, it often provides no notification at all? If you change email addresses, take the time to send an email notice to all those in your address book. You can preserve confidentiality of your mailing list by using the "BCC" address line of the email. No one will see the address of anyone else youve addressed the email to. You should also keep the old service up and running for at least several months to know who to send second and third reminders to. Include a notice with firm newsletter mailings, billings, and in small print on the bottom of a letter if your letterhead includes your email address.
Personal Tips
Self Evaluation
At least once a year it's a good idea to block off sufficient time to evaluate our systems, equipment, work performance (of attorneys and staff), our client relations, office morale and our physical facilities and furnishings. Here are some other quick and easy self audit questions you can ask at any time without advance planning or calendaring: * If attitudes are contagious, is mine worth catching? If not, what can you do to change your attitude? * If I had to exchange places with my staff, would I like working for someone like me? If not, how can you improve your supervisory skills (e.g. a dose of thoughtfulness, by giving clearer instructions, by organizing and prioritizing your time better, etc.) * Do all of your staff members practice professional and courteous phone etiquette? If not, are you proud of the impression about the firm they are giving to clients and others? * Are you doing your part to hone your technology skills in order to fully benefit from the power of your firm's software programs? If not, could you take at least one hour a week to focus on improving your skills and learning more about the software packages used in your practice? * Have you asked for your clients input regarding their satisfaction with services and treatment received so far? If not and you have some disgruntled troops out there, are you ready to explain the situation to the State Bar when a grievance is filed against you?
Time is money!
Ben Franklin said "Time is money." And who should know that better than lawyers? Keep yourself on time using an atomic clock. Not on your desk, on your desktop PC! You can manually sync your watch and PC to the exact time using http://www.time.gov, a public service of the US government. Or download a freeware or shareware program that will automatically update your PC to the exact time in your time zone by linking to atomic clocks in various parts of the world. Check out http://winfiles.cnet.com/apps/98/clock.htm l for time synchronization programs (such as the highly-rated Atomtime98) and other timers for you and your PC.
Cut-off Dates
Take the time to find out the monthly cut-off date for each client's bill-paying cycle. Try to time your bill to arrive before the cut-off date each month, so that it does not wait around for another month's cycle. This may mean doing your bills in several small batches, but it is sure to improve your cashflow!
Summer
Lets talk about summer; are you taking a vacation this year? Psychologists agree vacations are a way to take a break from a busy, stressful schedule. But don't fall into two common traps: Don't overplan your vacation. Scheduling too many things can be counterproductive to a relaxing vacation. Avoid rushing to do anything, and leave time to be spontaneous. And just make time to do nothing. If you feel you must bring along work, laptop or cell phone, limit the amount of time you spend using them. Otherwise, you are cheating yourself and your family out of a meaningful, refreshing experience.
Time Management
When you get a new case/project/task do something on it almost immediately no matter how small - begin anywhere - just do something. It can be something as simple as making a file folder and putting a note in it. Even if the deadline for the project is far off, it is helpful to do something on it. You can put the project away until you are ready to continue working on it. You can work on some small part of it on and off and when you are ready to spend more time on it, you will be "completing" the project and not "starting" it. In addition you may want to put some reminders to work on it in your electronic tickler, such as Outlook. This really helps to stay on top of projects and minimizes the constant feeling of being overwhelmed by projects whose deadlines are approaching.
A training lunch
As the immortal Yogi Berra said, "You got To be careful if you don't know where you're going, because you might not get there. Two things should never stop in your law firm-training and marketing. You need a year-round, career-long commitment to both marketing and training. Docket training and marketing goals just like court deadlines. Set goals for a set number of luncheons each month with possible sources Of new business. Every three months have a "training lunch" where one staff member Teaches a few new tricks to the rest of you. Let someone develop macros or other document automation and then show the rest of you.