LAW PRACTICE TIPS

Weeks and Weeks of Law Practice Tips

By Jim Calloway, Director
OBA Management Assistance Program

Oklahoma is not the only bar association to have someone on staff to advise lawyers about practice management and technology issues. Several bar associations and Canadian law societies have practice management advisors. In the same way that attorneys consult with each other, it is handy for PMAs to exchange views and discuss difficult issues.

A couple of years ago, our group decided to generate a Practice Management Tip of the Week. These were posted to an ABA electronic mailing list and used locally in various ways. They have always been posted to the OBA-NET. I’ve also just started sending them out to the OBA Section electronic mailing lists. I wait for several tips to accumulate before mailing the section lists. Now that more than a hundred tips have accumulated, we’ve taken some time to review them. With the benefit of time and hindsight, we have noted that some weeks were better than others. But, for a series of tips, largely drafted by committee, they contain a lot of useful information.

But since these tips have never been published in the Oklahoma Bar Journal, it seems like a good time to review a few of the "greatest tips." So, in no particular order, here are several weeks of law practice tips. As we say in our standard disclaimer, these are not binding on any state bar association or law society.

Saying Thank You

Make a list of the people who have referred cases to you over the past year. Have you appropriately thanked each of them (e.g., a thank you phone call or note, lunch invitation, etc.)? Everyone appreciates a handwritten thank you and it lets them know you don’t take their referrals for granted. A short, handwritten note takes only minutes to write, but leaves a lasting impression on recipients who appreciate the personal touch and you having taken the time to thank them. There is also a high likelihood that sincere and timely "Thank You’s" will lead to more referrals.

Billing Tips

Make your bills clear and informative, with a format and layout that are easy to read. Ask several clients, your spouse or other non-lawyers to review several samples of your bills — with confidential information such as 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.

Having a cut-off date for your billing cycle a few days before the end of the month can generate quicker cash flow than sending your bills out after the first of the month when everyone has already paid ‘this month’s bills’. This is especially true for individual consumer clients.

Use Bigger Fonts Where Appropriate

Increase the font size on your wills, trusts, cover letters and other form documents that are often read by elderly, or soon to be elderly clients. They will appreciate this small touch for many years to come.

Everyone Loves a Good Listener

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.

An excellent book on this topic is Connecting with Your Client by Noelle Nelson, Ph.D., published by the ABA Law Practice Management Section. (This book can be purchased through the OBA Management Assistance Program by calling 416-7008. The price is $70.90, including shipping and handling.) Several other building listening skills books include Listening: The Forgotten Skill (A Self-Teaching Guide) and The Business of Listening: A Practical Guide to Effective Listening. Both are available from on-line bookstores for about $12.

Color Coding Your Files

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 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, real estate, etc.). The business files for your practice can be another color; research files another.

Think about how your practice works and which types of files would best be color-coded. 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.

Use the Handy Enclosed Envelope for Payment

Ever thought about including return-addressed envelopes with your monthly bills? Lawyers who do report faster payments from clients. Use No. 10 business envelopes for your bills and use No. 9 envelopes to pre-address and slip neatly inside the first envelope. Whether you add to the service and include return postage is your call.

Some lawyers like to use brightly colored envelopes that stand out- both on the client’s desk while unpaid and in the lawyer’s office when sorting the incoming mail.

Pack Your Palm Pilot with Useful Information

Would you like to carry statutes and rules to court without the weight and hassle of books? www.memoware.com has a large repository of useful legal documents, such as the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, California Civil Code, Florida felony statutes, US Federal Sentencing Guidelines and the US Bankruptcy Code, available free to download into your Palm or other PDA. Most of these documents can be read with common PDA document readers, but just in case you don’t have one, www.memoware.com, has a full list of shareware and freeware document readers at www.memoware.com/mw-helpf.htm. Oh, and they have documents on other topics too.

Be Very Clear About Attorney’s 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.

Training and Marketing - Keep Up the Effort

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. There is always more to learn about your office software and Internet resources. Every three months have a "training lunch" where one staffer teaches a few new tricks to the rest of you. Let someone develop macros or other document automation and then show them to the rest of you.

Another Moment on Marketing Strategy

Have you ever thought about how a company like Starbucks attracts so many customers into their stores? Some people might attribute their success to effective marketing and store visibility, while others believe their success is based on fundamentally good coffee. The real answer is that Starbucks’ strategy is for the quality of the coffee to always exceed customer expectations, so people are happy to pay big bucks for a cup of coffee.

What does this have to do with lawyers and legal services? It means that if you are unable to consistently deliver quality services that your clients will pay for, no marketing initiative will be able to help you.

Today, demands for legal services are based predominately on what the consumer wants and is willing to pay for. For any professional, hoping to survive and thrive in this turbulent business environment, you have to understand and accept the fact that "your client is now king." If Starbucks’ customers get tired of the taste of coffee, or if their customers chose to move on to new types of sports drinks, Starbucks’ future success will be based on their ability to keep pace with these changing consumer demands. Starbucks will need to rethink their product and services.

The practice of law will change in quite the same way, so begin building your client base by identifying specific areas of practice your clients demand and you excel in providing. Next, be prepared to change your service based on the feedback received from your clients. Just something to think about next time you have a good cup of coffee!

Free Delivery from the U.S. Postal Service

No, not that kind of free delivery. But did you know you can have your postal supplies like envelopes for Priority or Express Mail delivered free of charge (not even any postage costs) to your office? This saves both time and frustration!

Go to www.usps.gov & then "SHOP" & then "ORDER POSTAL SUPPLIES."

Tips for Interviewing Prospective Employees

Hiring an employee can be one of the biggest investments a lawyer or law firm can make. The key to hiring the right person is in the preparation. Proper preparation helps you make the right decisions on who to hire. Whether you are hiring a secretary, law clerk, paralegal or associate, here are eight proven steps to a successful hire:

1.  Prepare or review the job description to make sure it accurately describes the duties and responsibilities of the position.

2.  Write a persuasive advertisement, being careful not to oversell the job; advertise the position in publications that attract quality candidates.

3.  Be flexible about scheduling interviews. A good candidate may have to be scheduled after his or her normal working hours.

4.  Review the resume or application in advance to learn the basic information about the person.

5.  Conduct the interview in a quiet area, free from interruptions.

6.  Set the tone for the interview by making the applicant feel at ease. Use his or her name. Take a few minutes to break the ice by talking about an item of interest from the applicant’s resume.

7.  Don’t oversell your practice or the job. If the job is not up to the expectations you create, your new-hire may leave sooner than you’d like.

8.  Ask open-ended questions. Try to ask the same questions of all applicants. Listen carefully to the answers and take notes. (If you take notes about an applicant, it is best to take notes for all — you never know when you may need them.)

Keep Your "Tools of the Trade" Sharpened

Your office software is an important "tool of the trade." You should check the Internet site of all of the software that you use in your office three or four times a year for patches, plugs, service packs or updates. Many software packages are released these days with numerous bugs and problems. Patches and service packs are generally free. You just have to download and install them. You should take advantage of the free improvements and fixes offered by the software companies.

You’ll need to know the version of your software you own to see if you need a patch. You can find this out by clicking "Help" and then "About." Write down the version number. Then go to the software manufacturer’s web site and see if there are suggested improvements.

Note: Always make certain that you have backed up your system data before installing a patch or upgrade.

Use that Right Mouse Button

If you are learning a new software application or program and seem to be stuck, try right-mouse clicking to view additional options. You may find short cuts to some very useful parts of the application, plus find a quick way to do some everyday things like cutting and pasting. And best of all, if the right-mouse menu doesn’t contain what you need, you can easily click out of the menu via a normal left-mouse click. So regardless of what program you are working in, stop now and Right-Mouse Click! (Note for left-handed individuals: You can configure your mouse so that your right-mouse click is really a left-mouse click under the Buttons tab in Start/Settings/Control Panel/Mouse.)

Help Your Client Stay Organized, Too

When you are engaged by a new client, provide him or her with a sturdy file folder bearing a label with your firm’s name, address, phone and fax numbers, e-mail, etc. Place a signed copy of the fee agreement in the file as the first document.

Further explain to the client that you will be sending copies of everything related to the case, both documents you generate and those you receive, and that the client should place these documents in the file immediately when received. Many clients don’t have an adequate at-home filing system; the things you send, therefore, may end up on the kitchen counter decorated with applesauce or as someone’s telephone message slip. By the end of representation (or at any point in between), your client will have a complete copy of their file.

Spend Some Time Representing Yourself This Month

When was the last time you stopped the world long enough to really take a thorough (and honest!) look at the "state" of your office? Among all the tips we may hear about how to succeed in today’s legal environment, self-evaluation is perhaps one of the most essential. If we spend our days struggling to keep our heads above water and fail to make the time to take a hard look in the mirror, how can we know what technology is best for our offices? How can know if we have satisfied or disgruntled clients? How do we know if we’re at a high risk for malpractice due to correctable inefficiencies and oversights right under our noses?

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. This listing is by no means intended as all inclusive, but it is a good starting point. 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?

Planning is very important. 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."

To assist you in conducting a self-evaluation of your practice or law firm, look for the ABA Law Practice Management Section’s publication entitled "Easy Self Audits for the Busy Law Office." (Again available from OBA MAP for $75.90, including shipping and handling. The price is $92.90 if you want floppy disks with the forms included.) The new release offers more than 30 different self audits and other tools on a wide range of office-related topics along with a simplified strategic planning method.

The Two-Minute Rule of Time Management

If you pick up a file, document, letter, or phone message and can get it done in two minutes or less, do it immediately! If it will take longer than two minutes, quickly assign it a high, medium or low priority, then add it to your "to do" list. Now get it off your desk and out of your mind until it comes up on your "to do" list again.

Try this for several days and see if it helps you get your work done!

More than Just Tips

"Tips" CLE programs and "Practice tips of the week" are very popular with lawyers. In these fast-paced times, we all like our information in short "bite-sized" pieces. Presenters at ABA Techshow™ started a fast-paced program a few years back called "60 Tips in 60 Minutes." Now there are several versions of "60 Tips" presented, including one each year at our OBA Solo and Small Firm Conference. Tips seem to make a good theme for our talks at county bar meetings as well.

You may note that a couple of the law practice tips refer to books that can be purchased. Well, the problem with a Tips-type program or a "Practice Tip of the Week" is that has to be a bit superficial due to the size. Some of these topics are critically important to your law firm and deserve longer treatment and study. So, we encourage you to enjoy the Tips, but also consider taking advantage of the great law practice management books on some of these topics.

A book crammed with useful tips is Jay Foonberg's How to Start and Build a Law Practice. This book is now in its fourth edition and is universally acclaimed as the premier publication for the new small firm lawyer opening an office. He has tips on everything from marketing to file management. If we could just get every new law school graduate who is going into private practice and every lawyer leaving a firm to start a new practice to read this book, the quality of the practice of law in Oklahoma would improve for all of us. We sell the Foonberg book for $53.90, including shipping and handling. If you know someone who just took the bar exam and is intending to open a private practice, you could not find a better gift. Our phone number for orders is (405) 416-7008.

Another great book for the new lawyer fresh out of law school is Welcome to Reality: A New Lawyer's Guide to Success by Paul McLaughlin, who is the Practice Management Advisor for The Law Society of Alberta. This is a slim volume, written in 1999. It is full of the author's good humor and covers the dramatic differences between law school and "the real world." Sample chapter titles include "How to Make Friends with Your Files" and "How to Make Yourself Indispensable." This book sells for $18, including shipping and handling. (Love the Canadian Exchange rate!)

So, if you have a new lawyer in your life, or in your firm, an investment of less than $75 can help them start out on the right foot. Or maybe you have been practicing a while, but you think a refresher course could help you as well.

Originally published in the Oklahoma Bar Journal August 11, 2001 - Vol. 72; No.24