The Family & Friends Dilemma

There's a common question among all private practitioners about the practicality of representing your family or close friend in legal transactions.

The problem is two-fold: 1. Sometimes as an attorney (especially a new one), the only people that will hire you are your friends and family; and 2. The best referral sources for new clients are your friends and family.

There are some dicey waters when representing "kin," not the least of which is the issue of fees.

Most people are aware of the "family and friends discount." If you're not, it goes something like this:

Because we're (insert your relationship), that means that I'll get a "discount" (often interpreted as free) for the work you perform on my behalf.

I saw this happen to my father (a podiatrist) during each family vacation we took. Family members would expect him to perform complex or time consuming work, simply because he was "kin." I know that he didn't mind doing the small procedures, and I know he often invited family members back to his office to perform more complex work. The truth is, most professionals don't mind helping others because of relationships, the difficulty comes when you're also trying to make a living and protect your interests.

Therefore, I'd like to point you to a great article addressing some of the concerns and problems practitioners should consider before accepting the "family business." I think Mr. Baron's first suggestion about fees is especially important. I send a bill to my family/friends that reflects 3 things: my regular hourly/flat fee total, my discounted ("family & friends") fee, and the words, "Thank you for your business & our friendship."

I think we sometimes forget how important it is to thank our friend for their business. It's easy to forget that we're the ones choosing to reduce the fee, not the other way around.  My thought has always been, business in the door is always better than none-at-all.

Remember, most of the time your family member or friend is only looking for a "bargain," not free business. If you can provide that bargain, then you're going to get their business, if not, they'll finish the question and move on to another provider.

I'd like to know what you think about Mr. Baron's article and some of these issues. he addresses Do you add special "bargains" for family/friends/special clients, that most of the general populace pays for? For instance, I give my full estate planning package to my friends/family, and I also discount or "cap" my contingent fee on cases. Please comment.

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.

Advice for Building a Profession Services Firm

There's this great post that discusses some of the beneficial habits for building your firm. Anything that reminds you of customer service is something to grab hold of.

I especially like habit # 9: Don’t keep people waiting in your reception area. Imagine every minute they wait reduces their trust by 5%.

What does your performance say about you?

While preparing for future practice, I've been evaluating several products and services. My intent is that following the July bar, I'll buy some of the products. However, three companies either refuse to deliver the demo, or forgot about my request altogether. I'm sadly disappointed that even the DVD and product information touted by that weird gasoline infomercial somewhere in the nether-regions of my satellite channels, has yet to arrive.

The failure of these companies to perform got me thinking about my own undertakings. In a very similar fashion, our performance (or lack thereof) speaks volumes about our commitment to ourselves and others, including clients. The shallow or empty promises lead others to believe that other things take precedent over them. I learned early that when dealing with my 3 year-old, firm promises, followed by quick actions to correct bad behavior or encourage good behavior, were the two keys to proper development.

At the least, your company's communication policies should affirm your desires for timely and prosperous performance. Incorporate that policy into your marketing plan, and customers, clients, colleagues and friends will recognize your commitment to performance.

Here are three keys to better performance:

1. Set realistic expectations and limits on your communication by developing standards for responding to email and telephone interruptions (my advice is to limit responses to emails/phone calls to 2 particular hours each day, i.e. 8:30 to 9:30 a.m. and 3:30 to 5:00 p.m.);
2. Ensure that customers, clients and colleagues know and understand your standards, and make them follow those standards;
3. Set inter-office regulations for handling and/or following up on previous client inquiries using tracking software, Outlook reminders, or another reliable (do not simply write them on a sheet of paper) method.

Remember, you should be the "full-service" individual. The best way to achieve that status is to develop the simple reputation as someone who can accomplish and complete the task.