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A Law Practice Advisor for Massachusetts Lawyers

The Massachusetts Law Office Management Assistance Program makes itself available to help attorneys licensed in Massachusetts (or soon to be licensed) establish and institutionalize professional office practices and procedures to increase their ability to deliver high quality legal services, strengthen client relationships, and enhance their quality of life. For further information go to http://www.masslomap.org/.


Friday, September 30, 2011

Turning Over a Brightleaf: Platform Offers Template Production and Document Assembly for Legal

The September issue of the American Bar Association General Practice, Solo and Small Firm Division’s new “GPSolo eReport” features my review of Brightleaf, a document assembly platform for legal; but, you already knew that, because you’ve read the title to this blog post. You can read my full review here, in which I do my customary deep dive into the program, relaying what I found upon my return to the surface light. Sort of like reaching my bared hand into God’s Cracker Jack box, and seeing what prize inside might come back outside.

If you read to the end of my review, you’ll find a prize at the bottom, too: Conan O’Brien’s embedded review, predating mine. Yup, that Conan O’Brien.

Am I using a celebrity reference to drive hits to this blog? You bet I am. I’m not above that. Don’t give me that look . . . I’ll drive my desk right out of here.

. . .

Liner Notes

Just a wee one this morning.

I’ve been using Spotify exclusively, lately, for listening to music at work. One of my favorite features of Spotify is that the front page displays new releases. Man, I thought I was cutting edge before; but, now I know every album that releases each week. Of course, I mostly don’t know any of the bands anymore . . . Lil’ Wayne doesn’t really sound like a rapper’s name. Sounds more like a miniature horse’s name.

Alright, so maybe I am old school; but, fortunately for me, some old school bands are still out there, putting out new stuff; and it’s still good.

The Jayhawks have reunited to release their first new album in almost a decade, and the first with original front man Mark Olson since 1995; and, it’s damn good. I heard it on Spotify first, as an identified new release, and haven’t stopped listening to it since.

Mockingbird Time” is excellent throughout; and, while it sounds very much like a Jayhawks album, it has a the Buffalo Springfield/Crosby, Stills & Nash/Crosby, Stills, Nash & Young sort of border to it, around times. Most of these tunes are hooky as hell, though; and, the harmonizing is pitch perfect, which is no mean feat, considering this version of the band hasn’t been together for over 15 years. Many of the songs produce a surprisingly felicitous marriage of folk and power pop. “Mockingbird Time” is worth starring on Spotify; it’s even worth purchasing on iTunes--and, if you buy it there, you’ll get some music videos and a documentary thrown in.

By way of an off-Spotify on preview, standout tracks include:

She Walks In So Many Ways

Tiny Arrows

Hide Your Colors

Closer To Your Side

High Water Blues

Tuesday, September 27, 2011

Forbidden Fruit: Securing Your iPad

Last week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. Last week's Tip covers a number of free or cheap (but mostly free) ways to protect your iPad from loss or theft.

Read the Tip here.

Friday, September 23, 2011

Guest Post: Establishing and Managing a Solo Law Practice: Ten Pointers

We are pleased to proffer, below, a second guest post from Kenneth Reich, who has previously written, for the LOMAP Blog, on the topic of effective legal writing. (You can read Mr. Reich’s prior effort, here.) Mr. Reich offers mentoring services to attorneys with various levels of experience. During his career (for more on Mr. Reich’s career highlights, you may view his profile, at his legal website), he has served as a mentor to law firm associates, junior government colleagues, recent law school graduates and law school students; he enjoyed these experiences so much, in fact, that he has established a mentoring consulting service as an adjunct to his continuing law practice. Mr. Reich provides mentoring on a group and individual basis, with a focus on: the development of practical skills; the provision of advice in specific matters, including substantive advice in areas of Mr. Reich’s practice; business development advice; and, career counseling. You can learn more about Mr. Reich’s mentoring services at his website and Facebook page.

. . .

Disclaimer. This is not intended as a nuts and bolts guide to setting up a solo practice. For practical information on purchasing electronic equipment, developing timekeeping and billing systems, establishing a collections protocol, etc., please consult the very helpful personnel at LOMAP and materials for solo practitioners available on the ABA website.

Introduction

Before deciding to set up your own practice, you need to identify the reasons that you’re doing so, and you need to define your goals. Is this a deliberate career move or your last option? Are you doing this for the money, the freedom or for other reasons? Essential questions you need to answer before you hang your shingle (or the electronic equivalent) are:

-Can you support yourself and your family for six months to one year, while your practice develops?
-Do you have clients, or a concrete plan to get some?
-Do you have a detailed business plan, or at least an outline of one?
-Do you have a specialty, or a plan to develop one?

Top Ten Tips for Starting and Maintaining a Solo Practice (or any practice)

(1) Find a Mentor

Going solo does not mean that you need to practice entirely on your own. Identify a mentor and other more experienced lawyers, with whom you may consult, on your very first case, and on subsequent cases.

(2) Develop a Detailed Business Plan

For your first year, that includes the following:

-Expenses and earning needs/goals (keeping your overhead as low as possible)

-A Determination of how you plan to cover initial cash flow needs: for furniture, for office equipment, for electronic devices, for clerical staff, for bar association and other dues, etc. (Will you use savings, or loans (from a bank, from your family or friends)?)

-Identification of potential sources of business

(3) Do Low-Key, Inexpensive Advertising

-Write, and publish your writing.

-Create respectable business cards (no gimmicks) and a website.

-Post an announcement of the opening of your firm in your hometown newspaper, in the newspaper in which your office is located (if different) and in bar journals.

(4) Circulate, Circulate, Circulate

No one ever developed his or her first client without leaving the office.

(5) Other Strategies for Finding Clients

-Contact family, friends, and close colleagues from high school, college and law school. Get back in touch with former employers and former professional colleagues, and ask them for their business.

-Sign up for lawyer referral services.

-Publish business profiles and your content on social media: Facebook, LinkedIn, etc. (The strategy of which social media outlets to employ, and how to employ them, has been extensively written about, including here.)

-Attend business events sponsored by non-lawyers/non-lawyers’ groups. (When asked why he robbed banks, Willie Sutton famously said, "Because that's where the money is.")

-Become involved in charitable and non-profit organizations, in order to meet a broader range of people (i.e.--prospective clients).

(6) Develop Your Lawyer’s Skills

-Consider drafting simple wills, or handling landlord-tenant matters for family and friends.

-Take cases from the Volunteer Lawyers Project, or other legal services organizations; they'll train you for free.

-Take court appointments, e.g.--in Boston Housing Court.

(7) How to Handle Your First Case

-Consider partnering with a more experienced lawyer; or,

-If you must turn business away, arrange for a quality referral. The client is interested in only one thing: having his or her case handled competently. Whether that competent handling is done by you, or by someone good that you recommend, is essentially immaterial to the client. If the client is satisfied, they’ll remember who provided them the referral.

(8) How to Set a Fee

-Set your fee based on the type of case. Ask around in order to obtain a range of rates charged by comparably experienced lawyers. Discount the rates charged by big firm associates: you don't have their high overhead and you’ve got to attract business on your own at reasonable rates.

-Flat fees are good for simple, predictable tasks (think: drafting an uncomplex will, or reviewing a lease); but, be prepared to undercharge the first few times you apply a flat fee until you determine how long it takes to accomplish these sorts of tasks.

-Hourly rates are preferred by most corporate clients, and are more appropriate when the amount of effort is not predictable.

-Beware of taking contingency cases without expert advice. The art is in valuing those cases, and (based on that valuation, and certain other factors) figuring out which cases to take, and which cases to refuse.

(9) Billing + Collections

-Next to compliance with the Rules of Professional Responsibility, the most important matter to attend to is your billing and collections.

-Keep track of your time on a daily basis; you’ll definitely short-change yourself and give a windfall to your clients if you try to reconstruct the time days or weeks later.

-Consistently bill at the first of the month; and, don't be shy about following up: it's your money. You worked hard through law school and the bar examination period, and now in your practice, to justify your fees; and, you're not a bank.

-Consider retainers if you can get them.

(10) Adopt the Proper Professional Attitude

You're a lawyer, and you had to go through three years of law school and then pass rigorous competency examinations and a character evaluation to be licensed. Act, think and dress like the select professional that you are. Clients expect no less. Consider your expectations when you visit an accountant or a physician.

Conclusion

Deciding whether to open your own legal practice is an important decision, and you should approach it with the same care with which you approach any other important decision. Once you have decided to open your practice, you’ll need to utilize available resources, including good advice from more seasoned attorneys and mentors, in order to learn the practical aspects of the law that they did not teach you in law school. Never be afraid to ask for assistance. Enjoy what you do.

Monday, September 19, 2011

Boston Bar Association to Debut New Committee for Entrepreneurial Development; First Program to Focus on iPad Practice

The fall of summer most often means the beginning of a new fiscal year within legal associations, and with it the heralding of new (and renewed) projects, all established to set specific corners of the legal world aflame with the phoenix spirit of volunteerism--the carroted inducement being the promise of new and useful networking affiliations.

Of course, the LOMAP office is no different; you’ll have seen that we’ve already plugged the first free webinar of what will be our 2011-2012 Marketing Group series.

In addition, of course, to producing and promoting our internal content and events, we’re also intimately involved in working up content and events for other, relevant groups and associations. To that end, I have been working with some folks within the Boston Bar Association to develop a new committee, meant to serve and promote the needs of attorneys who have established new practices, whether as solos, or in smalls firms. The committee will seek to help these attorneys maximize their entrepreneurial skills by providing substantive programming and content respecting important law practice management issues, like: the application of technology within the practice, marketing a law firm and financial management (the last both from a business and personal standpoint). In addition to the resources that will be made available through the committee, there are, of course, those aforementioned networking opportunities, which can be essential to newly-minted solo and small firm lawyers just starting their practices, and potentially facing, as they may, a distinct and noticeable lack (or loss) of colleagues, for sharing ideas with, and for swapping tips around.

The committee, which will be officially known, when it becomes active, as the Entrepreneurial Development Committee, will be a committee of the New Lawyers and Solo & Small Firm Sections of the Boston Bar Association. For those interested, the Committee-in-waiting is accepting new members, and those interested should contact co-chairs Chris Strang (via email at cstrang@dsandslaw.com) or Alexis Kaplan (via email at abkaplan@gmail.com), to join, or for more information.

The fetal Entrepreneurial Development Committee’s first program, which is co-sponsored by the New Lawyers and Solo & Small Sections, will focus on mobile practice with an iPad. “The Mobile iPad Office”, featuring program chair Gabriel Cheong, along with Howard Lenow and Tiffany O’Connell Gillis, is FREE, and will take place this Wednesday, September 21 from 12 pm to 1 pm at the Boston Bar Association’s downtown Boston building. For more program information, and/or to RSVP, visit the event page, here.

Friday, September 16, 2011

Privacy Blind: Opting Out of Social Ads

One of my last times out, I wrote about how I had decided to make a concerted effort to contribute to other blogs, since I’d like someone to force word counts upon my person, and given that my time is precious and all (but it is). As I then noted, I’ve been contributing two law practice management tips per month to the Massachusetts Bar Association’s eJournal. (What’s that? Oh, yes, like this one.) I’ve also begun making monthly contributions to Clio’s Small Firm Innovation blog laboratory. (Yes, that’s right: this was my first post there.) But, as good things come in threes, it may be no surprise that, as I alluded to last time, I have become a contributor for another website:

I’ll be publishing a monthly feature to Attorney at Work, which promises one good idea every (week)day, and which will certainly deliver . . . especially when I’m writing. (Try to sit back down; don’t get too excited.)

Attorney at Work produces a sizable volume of excellent content across bite-sized pieces/daily dispatches; and, they’ve got a great roster of contributors. You can pick up on their daily dose via their website, through their Twitter feed or Facebook page, or by subscribing to email updates. There are probably more ways; but, remember: My new mantra is ‘word counts’; and, I'm counting down.

My first post with Attorney at Work published on September 7, and covers the subject addressed at this post’s title: ‘What are Social Ads?’ + ‘How to Get Out of Them.’ (Trust me, you’ll want to.) You can read it here . . .

. . . and here. As with my Massachusetts Bar Association and Small Firm Innovation posts, I’ll be publishing my Attorney at Work posts here at the LOMAP Blog, as well. Although we never cross the streams here at LOMAP (Lord knows how dangerous that can be), we do endeavor to use as many parallel streams, for distributing information, as we possibly can. Besides, I wouldn’t want you to miss out on any of my good content, just because you didn’t happen to catch it at another outlet.

With that being said, I’ll reiterate my promise of last time: that we will continue to provide original content here at the LOMAP Blog otherwise, that I will continue to offer musical selections (like this awesome cover of a classic George Harrison tune, from Yo-Yo Ma, and my (one man) dog, James Taylor) and that there will be no new taxes. Thank you.

. . .

I’d like to express my kind appreciation for Merrilyn Astin Tarlton and Joan Feldman, both of Attorney at Work, for reaching out to me to contribute to their site. The partnership has, thus far, worked famously, one submission in. Both of these ladies are wonderful, and you should follow them each on Twitter: Merrilyn and Joan, that is.

Tuesday, September 13, 2011

Central Casting: Projecting Revenue for Law Firms

Last week’s Massachusetts Bar Association Lawyers E-Journal Law Practice Management Section Featured Practice Tip comes from LOMAP. Last week's Tip offers some suggestions for projecting revenue, which can be a thorny proposition, especially for new firms.

Read the Tip here.

Friday, September 9, 2011

LOMAP Marketing Group Launches 2011-2012 Free Webinar Sessions

The Massachusetts LOMAP/North Carolina Bar Association Marketing Group will kick off its 2011-2012 monthly webinar series on Tuesday, September 27, 2011 at 12 pm, with noted advocate for and chronicler of solo and small firm success, Carolyn Elefant.

Carolyn is the author of the classic treatise “Solo By Choice: How to Be the Lawyer You Always Wanted to Be”. She is also the co-author (with Nicole Black) of “Social Media for Lawyers: The Next Frontier”. She blogs at MyShingle; and, in addition to offering her experience and assistance to solo and small firm attorneys, manages her own practice. For Carolyn’s history in her own words, visit her bio page at MyShingle.

Rather than address the same old, hackneyed topics in the generic legal marketing holster (network; have a web presence; send newsletters), Carolyn’s presentation will focus on why certain marketing techniques matter, so that you can prioritize the most effective ones for your practice. In running down the numbers, some surprising, Carolyn’s dynamic presentation will clearly illustrate the reasons why the most successful marketing options work, and can work for you, too.

*If you are not yet a member of the Massachusetts LOMAP/North Carolina Bar Association Marketing Group, but wish to attend this FREE webinar: please sign up for the group and RSVP for the program by contacting Rachel Willcox, at rachel@masslomap.org.*

. . .

You will have noticed that this little marketing club is no longer solely a venture of the Massachusetts LOMAP program. In order to expand the scope of our marketing programming (both in terms of numbers of attorneys affected, and in terms of reach for gaining quality presenters), we have teamed with the North Carolina Bar Association, specifically with Erik Mazzone, of the North Carolina Bar Association’s Center for Practice Management, to run this series of free webinars.

Otherwise, things remain substantially the same, all the good work that has been going down here continuing onward. We’ll hold free webinars each month, from September through April (save December), before hosting a final, day-and-a-half long conference at the end of the regular sessions, in May, before taking the summer off.

Membership in the Marketing Group gets you notice of monthly meetings and log-in/dial-in information, as well as access to the members-only group page, where you can discuss marketing matters (even swapping tips and suggestions, if you’re into that) with your colleagues and LOMAP and CPM staff.

**There is no cost associated with the LOMAP/North Carolina Bar Association Marketing Group. Membership in the group is free; access to webinars is free.**

Friday, September 2, 2011

Beta Lambs Knew Not: The Case Against the Early Adopters

As regular readers of this blog (should there be any regular readers of this blog) will have noted, I treat word counts like a hungry, hungry hippo treats white marbles. Since I can’t control myself against writing really, very long posts, I’ve decided that others may have better success in reining me in. To that end, I have, from time to time, written for other entities/blogs, in an effort to place upon myself the constraints of their word counts and other publication standards (I have none). This has proven to be a successful model for reducing the size of my (still delicious) pieces. (You’ll have noticed that LOMAP now creates, for the Massachusetts Bar Association, on a biweekly basis, a law practice management “tip of the week”, each of which makes its way into this stream, as well, following publication with the MBA.) Since these projects have been successful as one-offs, I’ve decided to write for other blogs, and to repurpose those writings to our blog, on a more regular basis.

To that end, I will be contributing a monthly post to Clio’s excellent new collective blogging platform, Small Firm Innovation. For more on Small Firm Innovation, check out the website, the Twitter feed and the Facebook page. (Yes, they’re everywhere; and, they’ve got some other fantastic contributors, too--in addition to yours truly.)

For my first post on Small Firm Innovation, which borrows its title from this post (or, I suppose, this post actually borrows its title from it), I’ve written about the importance of considering the relative merits and demerits of becoming a first mover; and, here’s why you should wait on using Google+.

. . .

I have agreed to provide a monthly contribution to another platform, as well; and, I will announce the platform, and link to my first post thereat, here, in the coming weeks.

. . .

Liner Notes, etc.

If you read this blog to find out who Julia Roberts’ ex-husband is, or if you just skip to the bottom to read my Liner Notes, don’t worry, I’ll still be talking about inane crap and music every now and then. In addition to republishing from other formats on (something of) a schedule, we’ll still produce plenty of first-run content here, for you and your practice.

As if to affirm my pledge: Here’s a new song for you, with which to roll into the Labor Day Weekend:

Pride (In the Name of Love)” by Dierks Bentley with Punch Brothers and Del McCoury.

This remake of a U2 classic (from Bentley’s excellent 2010 release, “Up on the Ridge”), is one of the best covers I’ve ever heard. Punch Brothers (named for a 19th century newspaper jingle featured in a Mark Twain story) are just ripping up the instrumentation; and, the choice of Del McCoury (sounding hauntingly here), a bluegrass legend, for the chorus was a stroke of genius. Love me some Del McCoury and Dierks Bentley.