Now Accepting Recommendations

For your information, I will now be accepting "trials" of software, books, etc. If you'd like me to review your product, and you don't mind being assassinated if it sucks, please email me. I'll be happy to examine the product and make a recommendation to my readers. I'm adding a new review column each week.

If I like your product a lot, you might even get a top-billing link in the sidebar.

Simplify Your Site

Want to make your website more manageable, and improve your SEO and Google ranking? You have to try the Headway Theme for Wordpress (full disclosure: I make a little money if you'll click the link). I'm sure there are other themes out there that do the trick, but I've found this works just as well, and costs less money.

Truthfully, the Headway Theme is the best tool for developing and maintaining a website. It's easy to set up, easy to maintain, and more importantly, the theme generates results.

I started my firm's website by coding HTML and spending hours trying to make it look right. In the end, I can't attribute any prospective clients to my hours of work. Frustrated that I had a non-operable, and basically worthless site, I switched to Headway in August 2009. I used the theme on both my firm's site, and my firm's blog.

Literally, in about 1 hour, I restored the site, and was changing/adding content without a complex database or coding. In about 1 week after that, my site and blog started receiving credible incoming links and prospective clients.

I could drone about the wonderful features of Headway, but you need to experience it yourself. Heck, it's only $87.00 (for the "newbie" version), and if you don't like it, move on to something "better." Just because it's such a great value & tool, I guarantee that if you purchase the theme from my link, and you're not satisfied with it, send me an email explaining why you don't love it & why it's not working, and I'll refund your purchase price. I'm not an employee of the company, it's just that good. You won't turn back. The Theme is simple to use, and the support is top-notch.

If you're looking for a tool to improve your marketing and Google ranking, Headway is that tool. What's more, Headway's support is wonderful, and Clay Griffiths is fantastic about answering questions (even the dumb ones) and providing the tools to help you succeed.

The forum on the Headway members' site provides excellent examples of some great law firms using the theme. Here are some of my favorites: Linarducci & Butler, P.A., Law Office of Lawrence Ballew, and Sarah White. I'm sure there are a number of other attorneys using the theme, they're just not listed.

End note: if you're looking for a great web hosting service, check out my provider, ipower(dot)com (disclosure note: I get a little kickback if you purchase). It's reliable, easy to use, has great web support, and a great bang-for-buck bargain (can't beat their current offer - unlimited space, 2,500 emails for $5.95/month).


Edit & Update (11/9/09): Check out this blogpost giving some additional reasons to utilize the Headway Theme.

On Dignity

I wrote a little post over at the firm's blog about the importance of dignity.Surprisingly, I guess because of our human nature, some of us find being charitable and dignified difficult.

One of the important things I've learned during the course of my education and career, is that treating people with dignity and respect will get you further than anything else. 

I believe that the reason lawyers have such a bad reputation is because we're known to lack a general decorum of dignity and respect. Heck, who could blame us anyway? The adversarial system begs for the degrading remarks and behavior.

Quite simply though, it's important to remember that everyone deserves dignity and respect. It's too easy I think because of media exploitations, to discard people because of their troubles, behavior, or problems.

Everyday attorneys meet and deal with troubled and/or problematic people. Sometimes, despite their most ambitious attempts, these people cannot get out of their dreadful situations. It's not for us to judge their behaviors, rather, as counselors, we should strive to find ways to help.

By treating clients and colleagues with respect and dignity, attorneys could improve people's general perceptions, and do good. Attorneys have numerous opportunities to give charity. It's easy to forget that people are people, and not some inanimate object or other creature. They too had dreams, aspirations, and goals, which too quickly and too easily got consumed with life.

Five (or Six) Things to Becoming a Successful Attorney

If and when you make the decision to go out on your own, I believe there are essentially 5 "must-bes" for managing your legal practice. Here they are:

First, you must be a good (and fast) researcher.

I'm talking about being able to find information quickly. Whether it's legal information related to a case, or more simple problems, like simple addresses, you have to be able to know where to look for that information, and how to get it quickly. 

I remember going to my first summer job after my 1L year in school. My supervising attorney presented me with a question, "How do I get a foreign judgment recognized in Oklahoma?" That was never addressed in my Civil Procedure class (although it's outlined in the Federal Rules and state rules), and I immediately panicked. Unfortunately, my education and my research/writing class hadn't prepared me to answer this simple question. Fortunately, I had Google, which helped unwrap the mystery and provide a quick answer.

Second, you must be techno-knowledgeable.

"Techno-knowledge" isn't about being able to fix and repair your computer or network (although it helps immensely). Techno-knowledge is about seeing and accepting technological enhancements in your legal practice. You can't afford to (and shouldn't), "do it like everyone else." The problem with trying to be like the big firms is that you don't have the capital or ability to support massive, bloated systems.

Techno-knowledge helps you appreciate that there are easier, and less-costly, ways to "do legal business." 

For instance, there's an older attorney in my office, who I look up to as a mentor.  He's a solo-practitioner who is very knowledgeable about the law. However, this attorney runs his legal practice like computers & the Internet don't exist. He can't fax documents. He barely can send emails, and he still uses standard mail to send materials. 

Yesterday, he had a packet of materials he wanted to send to opposing counsel. He weighed the materials, and worked diligently to get them under USPS's 13 oz. requirement. He opted to split the packet into two mailing to save a trip to the post office. I asked why he wasn't faxing the documents to opposing counsel, or better yet, why he didn't send an email. He gave a scoffing laugh at me, and at this suggestion. The truth however was that he would spend more time/money on postage and preparation, than what the documents were actually worth.

Third, you must be aggressive and confident.

If you're solo, then the first thing you'll notice is that the other side may not take you seriously, especially if they're in a bloated big law firm. The other side may, because of your presumed "inexperience," seek opportunities to manipulate you, using your "inexperience" as a supposed leverage. This may get you discouraged. Don't get discouraged! 

The truth is, you likely have more authority to decide the case than they do, and to get your client the best deal. The truth is, you're a partner in a law firm. Use this knowledge to bolster your standing at the bargaining table. Moreover, and especially if you're newly minted, let this fact be the mammoth motivator to help harness strength when you feel pressured.

I had a recent experience when I dealt with a big law "Goliath." The lead attorney partner (or more likely the attorney's assistant or associate) missed an important deadline in a litigation case. An associate called my office seeking written authorization to retroactively meet the deadline. I advised the associate that I didn't have a problem recognizing the deadline, and would agree to their correction, if they followed the proper rules of procedure. The associate expressed concerns about having to "follow procedure" rather than "accommodate the other side," and hung up.

Shortly after my conversation with associate, lead attorney partner calls. Lead partner approaches me with associate's proposal. His intent was to bully me because of my "inexperience" and supposed "fear". However, I stated that my client held the "ace-in-the-hole," and that his client missed an important deadline. I would be fine addressing any concerns about my demand to follow procedure with the judge, but I was confident the attorney didn't want to argue that issue. After a short silence, big law lead attorney relented.

Fourth, you must be humble and teachable.

Recognize your limitations now, even the small ones. Those limitations soon become huge obstacles. If you can't type well, hire someone (a virtual assistant is a great option) to help you.  If you have a hard time speaking in public, learn. Your inability, even small, to do something can hinder your overall performance.

I have a hard time with procrastination; I know, it's a weakness for a lot of people. Therefore, unless I correct the poor behavior, such as setting daily goals and making to-do lists, I'd have too much to do, and never get anything done.

In the same sense, if you're really good at something, there's no need to let the world know. The thing I learned quickly in law school was that no matter how intelligent I was, someone else was better.

Take an opportunity to use your weakness or strength to help build your abilities or someone else.

Fifth, you must be appreciative and optimistic.

Take a minute to recognize that you're doing what you love to do, with as much freedom and opportunity as you can muster. Appreciate the blessing you have everyday. Have optimism that you're heading in the right direction, and are achieving goals. If you can't be thankful for where your life is, then you certainly need to evaluate.

I love what I'm doing. I am getting the fulfillment of life that I desire. I remember trudging through undergraduate jobs hating everyday I worked there. I remember dreading Sunday because that meant Monday, and my disgusting job, followed. I recently read a friend's Facebook status update that said, "There should be a 3rd option when asked if you want to log off that says, 'Hell yes.'" Don't be that person.

You must examine your life and appreciate your situation. I've found that it's much easier to resolve difficult problems when I appreciate the challenge, and become optimistic about resolving the issue.

Finally, you must always be honest.

This is the general caveat for the legal practice and for life, but specifically for you. Commit now that you will be honest to yourself and everyone else. I adhere to the philosophy that there's no great honor to have one's honor.

You will achieve more in your professional and personal life if you are honest, than you will by lying. Nobody likes to be lied or conned to. I can't think of anything less satisfying than asking another attorney about opposing counsel than to hear "if he/she says it's raining, you'd better check out the window."

What a mark on one's character. Don't let that type of behavior or reputation ruin everything you've sought to achieve professionally and personally.

As an endnote, I'm sure there are countless other words of advice to add. If you'd like to comment, please do. I appreciate all your feedback.

The Basics of Getting Paid - Part 2; But Nobody's Hiring Me

Face it right now, especially if you're a newbie/soon to be newbie, you're not going to get Michael Jackson (I know, he's dead), Mike Tyson, or the latest A-list Hollywood star divorce. You're not even going to get the B, C, or F-list divorces. Unless you know the person, they're going to go with [Insert Local Family, Criminal, or etc. Law Super-Attorney's Name Here]. The people you're going to serve are just like you: middle-class Americans, trying to make a decent living, and are now having problems.

Sometimes though, you'll find that even these decent middle-class Americans aren't hiring you, despite the fact you've quote 100 fees today. You might get discouraged, or you might start to think your fees are too high, and consider changing your rates. Unless you're charging $250 per hour, don't think about it! More especially, don't change your fees or cave to your doubts.

The worst thing you can do is start to believe you've mispriced your rates. The truth is, you're just like the other 90% of attorneys in this world who aren't getting the clients. Remember, clients have a variety of reasons for not hiring, and most likely, price isn't one of them. Good pricing makes the potential client truly evaluate their situation (check out my post here for a frank firm to client discussion about fees).

When you're not getting hired, it's time to reevaluate your sales pitch. What are you doing/saying? Quick, you have 60 seconds to sell your divorce/family law/bankruptcy/etc. services, what will you the caller? Have you even thought about your telephone pitch?

There's a great blog post by Jay Fleischman, titled, What if the Client Set the Legal Fee? The post is a candid look at fees and services. Mr. Fleischman, makes the point that "[v]alue must be built from the very first moment you begin to market your bankruptcy practice (or, for that matter, any legal niche). You need to stand in the client’s shoes and determine what it’s worth to them to get out of debt, and exactly what you can do to build up that value to a point where it matches or (ideally) exceeds the price tag associated with your services." I wholeheartedly agree.

I looked at the reasoning behind my "failures" and found that I didn't think I was giving the client enough information about what I would be doing to help them. When speaking with potential bankruptcy clients, I found I simply told them, "I'll help you file bankruptcy under chapter 7." No wonder I wasn't turning phone calls into clients. What exactly does that mean? And why does that justify my fees? Heck, anyone can file pro se and save themselves hundreds.

So, after this brief evaluation, I revised my pitch:

I'll help you file chapter 7 bankruptcy. This will involve meeting with you in person and talking on the phone at least 3 time to discuss your paperwork and financial information. I'll also be filing out the bankruptcy petition and compiling the financial data you've given me. This usually takes 1 day, or about 8 hours. When the petition is filed, we'll continue to talk, and I'll probably call you 2 or 3 more times to discuss simple issues that arise. We'll meet for the 341 meeting, which is a simple hearing before the bankruptcy discharge. All these services will be part of your [Insert fee amount here] fee. Of course, you're free to call or email at anytime with questions. When would you like to meet?

After discussing these things, I'm able to answer any questions and resolve any concerns with the client, before recommitting to the engagement meeting. The script, or something similar, takes about 60 seconds to recite, and has a powerful effect on people's actions.

I believe when you've carefully explained what value they're getting, this helps resolve a client's anxiety about paying your fee, and trusting your service.

Unlike a tangible product, judging the quality and value of services is difficult. Clients will not hire you for the task if they don't feel you can accomplish the job and get them the "justice" they deserve.

The Basics of Getting Paid - Part 1; How Much Should I Charge?

One of the biggest problems with being on your own is the ability to generate revenue. This is difficult regardless of your career field, but more especially in costly service fields, like law. With the challenge of new generating revenue, also comes the task of collecting the money before or after services are completed. I'm going to make a series (is 2 considered a series?) of blog posts dealing with the dirty issue of making money, because, face it, this business (or any) is about making money.

This first post will deal with some of the challenges you'll face in selling your services, and setting prices for your services. The second post will deal with collection matters, including the issue of whether you sue your client. If you have questions along the way, or would like me to talk specifics, please let me know.

How much should I charge?

The question that drives fear into every new solo's heart is, "how much do you charge?" This is especially true for recent graduates who hang their shingle. I remember when my first client confronted me with the question, and how my heart sank when I had to respond.

Sure, I'd talked to others about their fees and hourly rate, but without much else, I knew little about the market for new attorneys. Some friends I knew who worked at big firms boasted about being billed out at $250 per hour, that seemed extravagant to me though, especially when I knew most of these associates had little or no practical legal skills.

As I talked, many people offered the practical advice that I should bill $100 per hour, based on the number of decades in practice. For instance, since I had practiced law less than 1 decade, my hourly rate should be $100.

Finally, I settled on a slightly higher hourly rate that I felt confident could benefit me in two ways. First, the slightly higher rate would discourage "bargain seekers" from hiring me. In my experience, client seeking bargains can never (yes, I said never) appreciate the value of your services. Moreover, the bargain seeker will consistently challenge your decisions/suggestions, and most likely will make unreasonable demands to resolve the case. You will soon regret the lower hourly rate. You will find that a client who accepts your higher rate will become your ideal client. Believe this fact too, there's plenty of other attorneys who will take these clients, don't despair.

Second, a higher rate would allow me to adjust, my fees for the "pro bono" client, while still making enough to keep the doors open. Trust me when I tell you that you'll have plenty of opportunities to give away your services. Whether you offer discounts to friends/family/good clients, through genuine pro bono services, or to your "charity" clients (mine are kids), the opportunity to help someone will be there. What's more, these clients will appreciate your "discounts" much more than the others will.

What about flat fees?

I love flat-fees (or one fee for all services). They're the heart of my practice, and are especially valuable to clients.

The problem with the flat-fee billing method is that it's extremely difficult to "value price" your services, and account for specific, and often time consuming, nuances in cases. I found early on that it's a good idea to "bill" for everything you're doing on the flat fee case (I use QuickBooks Pro to tally time, mileage, and case expenses). This helps to give you a general idea of how "difficult" a case is, and provides a good reference point for future cases.

For instance, for a "simple" or uncontested divorce I charge $1,000. I arrived at the amount because I learned early that $500 and & $750 did not adequately compensate me for the amount of time I spent dealing with issues in the case. When I finished my first "simple" divorce (which I took for $500), I ended up making $5.75 per hour. Not even minimum wage!!

Granted, because this was my first divorce case, I cost myself more time by not knowing particular shortcuts. Moreover, because I "bill" for everything (time, postage, mileage, telephone calls, hourly casework), I increased my rates.

The important thing I learned though was that I needed to have more money to make the cases worth the time, effort and costs. Remember, you're in a business, despite the idealistic mantra your professors gave you. If you're not making money, you're not going to survive.

Anniversary

Just wanted to say, "Happy Anniversary" to me.

One year ago I opened the law firm, Absolute Legal Services, LLC. We've had some great success, and I'm generally proud of my achievements so far. I started as a litigation/bankruptcy/divorce firm, and have since added services in immigration and social security disability law.

Although there's some lean times, there's also some pretty exciting ones too. I am absolutely happy with my decision, and can't say I regret looking back on anything.

Cheers to another successful year!