♫ How do we ever keep this secret
How do we keep it in the dark…♫
Words and Music by A. Wilson, N. Wilson, A. Hammond, H. Knight, recorded by Heart.
I have just heard Marc Rotenberg, the Executive Director of the Electronic Privacy Information Center (EPIC.ORG) in
To say that he was effective at putting the fear of God into the audience regarding the privacy, or lack thereof, of your information on the Internet, would be a gross understatement.
Along with a number of highly interesting issues that he raised (in light of the Spitzer resignation) he dealt with the issue of the collection, retention and pervasiveness of personal information when using most internet search engines, web mail services, IM services and the rest.
When you consider that web search histories, emails, IM Chats and the like could be demanded from third party providers and these demands could include solicitor-client communications or research being conducted for a client, the collection, use and disclosure of this data takes on particular importance.
This raised the inevitable question: “Just how do you protect yourself when using the Internet?” Marc responded by referring to the EPIC Online Guide to Practical Privacy Tools. This web page lists links to services that allow you to send ’snoop proof email’, surf anonymously, block ads, cookies and spyware, call using VoIP in a private manner, use secure instant messaging, ecrypt and erase files and information on your computer, set up secure firewalls and much more.
This is a treasure trove of information for anyone who is concerned about their information being available on the web. They also help lawyers answer the question of how do they keep things secret….
♫ So you got the looks but have you got the touch
Don’t get me wrong, yeah I think you’re alright
But that won’t keep me warm in the middle of the night
That don’t impress me much…♫
This week I had the pleasure of moderating a panel of distinguished corporate counsel for the Legal Marketing Association - Vancouver Chapter speaking on: How in-house counsel view their lawyers, law firms and their marketing and business development efforts.
Panelists were Marie-France Leroi, Senior Counsel at Terasen Inc, Gigi Chen-Ku, General Counsel for Translink, Heather Northrup, Senior Counsel with RBC Financial Group and Sue Doi, Counsel for Intrawest ULC. There was a great deal of discussion on the topic on how outside counsel can best work with in-house counsel. During the presentation we had a question from the floor that opened up a whole new area of discussion …and that was novel and interesting as well.
The question was in the context of the corporate client wanting to provide feedback to the outside firm - but the outside firm never appearing open or willing to hear the message. Worse, the danger signs are there for the outside law firm - calls by in-house counsel are not being returned promptly, the invoices appear to include ‘education time’ for the associates, the firm now appears to have an attitude of ‘entitlement’…among others. So the question is - what is the best way for the outside firm to hear the message early enough to prevent the loss of the client?
The solution that was proposed from the audience (some of the best tips come from the attendees during presentations!) was for the marketing department to establish one person…call them a client concierge…to establish a line of communication with the client. The client concierge would be there to act in a similar manner to a concierge in the best hotels…to ensure that the questions and needs of the hotel guests are being met. The client concierge can hear the concerns and questions of the client - and ensure that they are directed to the right people in the law firm - and act as an early-warning system to ensure that the law firm is not only attentive to the client but is seen as being proactive and open. This implicitly recognizes that while the legal services may be top-notch, the service levels surrounding the delivery of those legal services may not be.
It is an interesting concept and one that recognizes that the firm as a whole is a team and the team has an overarching reason (*or reasons*) to ensure that the client is happy and has an open channel to raise small concerns before they jeopardize the entire client relationship. It is really a question of client ‘handling’ and ensuring that the firm has the right ‘touch’ for the client and continues to impress the client with all that they do.
♫ Must I forever be a beggar
Whose golden dreams would not come true
Or will I go from rags to riches
My fate is up to you.. ♫
Words and music by R. Adler & J. Ross, recorded by Elvis Presley.
History teaches us that men and nations behave wisely once they have exhausted all other alternatives, according to Abba Eban. By reviewing the alternatives that others have exhausted before us, the hope is that we can then learn from their wise advice. Here then, are further tips in the history of legal financial management:
- Establish an adequate credit policy
Always, always take trust deposits (advance fee retainers) and never work once your advance fee retainer is exhausted. Have a client engagement letter that clearly sets forth that a client’s trust balance must be in the black at all times or a firm will cease work, will seek to be removed as counsel of record and will return files back to clients (always check on the ethics of withdrawal in your jurisdiction in any particular circumstance for non-payment of your fee). Do not make exceptions. Have your practice management system set up to warn you well in advance of the exhaustion of retainers so that you can write to the client and tell them of what must be done and by when on their part in order that you continue with the file on your part.
- Become comfortable discussing fees with clients
Quick question: What should always be found at a birthday party and never on a legal file? Answer: A surprise. Clients do not like surprises, especially if they relate to the size of an account. This can be avoided by telling the client at the first meeting what you charge, how you charge and when you charge and what you expect from the client. Do not be afraid of scaring off the client – a client who is unwilling to face the cost of a legal procedure at the outset is not likely to change their mind at the end of the file. Better to put your time into marketing and attracting the type and class of client that will pay your accounts than putting that time into a file on which you are not going to get paid.
- Track your time
The first step in determining whether you were profitable on a sale of a service is being able to determine the costs of services delivered. To do that, you need accurate costing mechanisms that can include both direct and allocated (or fixed) costs. Direct costs are your time, and any direct disbursements incurred for the file (court reporter fees, filing fees etc). Allocated costs are the file’s share of the office overhead – staff salaries, rent, insurance fees, electricity rates etc. Since the biggest direct cost is the time that you put into the file, you cannot determine what a file cost you to produce unless you can track the time you put into the file – billable, non-billable, written-off etc. Why is this important? When it comes time to distribute funds among partners, not knowing the true costs of the files worked on can lead to gross inequities. For example, let us look at two files, each of which generated $100,000 in revenue (after disbursements). File A took three years and involved 400 hours of legal time (at $250/hr = $100,000) + hundreds of hours of staff time. File B took six months and 100 hours of legal time (at $250/hr = $25,000) and the same amount of staff time. Which file was more profitable? Not only was B more profitable, you could argue that File A resulted in a net loss to the firm since the total of legal and staff costs exceeded revenues. Yet, in most eat-what-you-kill systems, each file would be treated equally when it comes to determining partner compensation! Financial cost analysis can help you determine which files and practice areas yield the greatest return to the firm and which are black holes
- Use current and former clients as marketing tools
It is well understood that the best source of repeat and referral business is from existing satisfied clients. What is needed is a communication method to make past clients still feel like they are part of the firm and inform them of the services that can be rendered by every member of the firm. A newsletter – hardcopy or electronic, that provides updates on the firm and topical news on areas of law that are of interest to the readers – is a very good way to continue to foster the relationship. The readers will then have you and your services somewhere near the top of their minds and will be able to provide a quick recommendation when the need arises. There are of course, many other ways of marketing your services to your past and current clients. A good source of information and tips are: the Legal Marketing Canada Blog by Doug Jasinski, the Law Firm Web Strategy Blog by Steve Matthews and The Lawyer Coach Blog by Allison Wolf, who is the past-Chair of the Legal Marketing Association, Vancouver Chapter (*and of course, the LMA itself!).
- Establish your own financial nest egg
There are ways to ensure your financial future – today. Set up at least one financial institution to automatically pull and invest money from your checking account every month. It will take perhaps a few hours in total to establish and then you’ll be investing, in good times and bad, without doing any work at all. You can set up instructions on how those funds are to be invested – in stocks, mutual funds, term deposits – but the important fact is to start planning for your retirement – now. Once the account is established – take an interest in it and check it daily – to find out how you are doing. Measure your return against stated goals – determine if you are being well served by your financial advisor. Remember that you may lose in the short term – but over the long haul you will be adding to your financial stability and resilience.
- Don’t use the Lottery as a partnership retirement plan
One of the major issues facing smaller firms is dealing with the introduction of new partners and the funding of the buyout of existing but aging partners. Not having a succession plan in place that compensates the aging partner over time by establishing a retirement fund leads to the firm being unable to attract new partners - as any interested new partners who are on the upswing are most likely unwilling to contribute their billings to fund the exit of a diminishing partner. Furthermore, the lack of any retirement planning results in partners staying on in practice simply to maintain a cash flow and not for any compelling business reasons.
- Don’t forget how to Smile!
How do you greet your clients? Recall that attitudes are contagious – does your reflect that you are busy, happy and looking for more? Clients desire lawyers that are successful – and look for lawyers that act that way. Being glum about the stock market or your finances and the state of the economy etc may reflect the way you feel, but it may not be the best client development and retention tool. It also may not be a great way to approach your finances and your financial planning. Being cautiously optimistic allows you to keep your cynical side on alert while also exuding an air of confidence and competence to those around you. It may also be beneficial to reflect that notwithstanding the downturn out there, our predecessors have faced worse (the ‘29 crash was much more personally devastating and longer lasting).
Ambrose Bierce, never known as an optimist, said that history was: “An account, mostly false, of events, mostly unimportant, which are brought about by rulers, mostly knaves, and soldiers, mostly fools.” However, Johan Huizinga said that: “History is the interpretation of the significance that the past has for us.” Whether we are an optimist or a pessimist, our fate, whether rags or riches, lies in our hands.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)
♫ Now that I feel the ground
I’m close to home..♫
Words and music by: Babel Fish
Further to my earlier post on Jott, Jott has now announced local numbers in Canada!
Below is the list of available Jott numbers in Canada. Find the number in your area code and program it to your speed dial.
AURORA : +12898020110
CALGARY : +14037751288
EDMONTON : +17806287799
HALIFAX : +19024828120
HAMILTON : +19054819060
KITCHENER : +15199572711
LONDON : +15194898968
MARKHAM : +12898000110
MONTREAL : +15146670329
OTTAWA : +16136861502
QUEBEC CITY : +14189072209
SAINT JOHNS : +17097570047
SHERBROOKE : +18193401636
TORONTO : +16477245365
TORONTO : +14168001067
VANCOUVER : +17787868229
VANCOUVER : +16044841347
VICTORIA : +12509847093
WINDSOR : +15198000031
WINNIPEG : +12042728154
Now we can be Jotting using a local dial-in number (or at least for the major cities, anyway). I feel like I am closer to home!
♫ The bells are ringing
The song they’re singing
The sound is bringing the people ’round
They hear the instructions
They follow directions…♫
Words and music by John Flansburgh and John Linnell, recorded by They Might be Giants
Tip from Thomas M. R. Irwin, a lawyer in North Saanich, BC, Canada:
Dear Dave:
Just a note of thanks for your feedback and info about an office move. On December 20 I closed my office in “downtown” Sidney and moved it to my home office in North Saanich (10 minutes away). My wife Gillian (who is my conveyancer) and I have been delighted with the move. Yes clients can actually find us at the end of a rural road and they actually seem to enjoy the extra 10 minute drive in the country to come and see us. I am enjoying making house calls to see elderly clients who used to walk over to my office in Sidney.
In your latest BarTalk acticle [editor’s note - I will add in the web link as soon as the BarTalk people take away the password requirement- sigh] about retirement you talked about the change in firm financial models with more of us wanting to work part time - I have the answer - electronic commuting, the part timers don’t need a full time office space at the firm - they can set up home offices, schedule office appointments for specific days that they come into the firm office. Dictation and document work as you know can all be done online/email. The Firm may even be able to downsize because they don’t need as much office space.
I think this is an excellent tip on how to downshift and move into a more flexible work schedule without the overhead of a full-time office constantly hanging over you. Courtesy of the Internet, more and more lawyers will be able to work at least part of the time from their home or other location, meeting the need to see clients at their places of business if necessary. In Tom’s case, the clients hear the instructions and follow directions to his home office!
♫ I would have lost it all,
But I now how I see how you were there for me and I can say
I’m stronger, I’m wiser, I’m better,
much better,
And I can say
Never would have made it,
Never could have made it,
Without you…♫
Words and Music by Marvin Sapp.
In discussing law practice management with lawyers and others in presentations, it has quickly become apparent that the process of sharing information is one of the most beneficial aspects of getting together and discussing matters of common interest. Accordingly, I would like to take this concept and apply it here - and make this forum a place where those interested in law practice management can email to me or post a question. I can take these questions and create a new posting based on the question and see the collaborative results from everyone then posting comments thereto.
So this is the invitation to all readers to post a question, comment or issue by either completing a ‘comment’ or by emailing your question to me at: info@thoughtfullaw.com. It is my expectation that the collection of questions and comments can become a repository of information that is practical and useful to others. I am hopeful that we can create an on-line community whose overriding interest is in sharing information amongst each other in order that all of us can say that we are all stronger, wiser and better!
♫ How do I feel by the end of the day
Are you sad because you’re on your own ..
No, I get by with a little help from my friends
Mm, I get high with a little help from my friends
Mm, gonna try with a little help from my friends…♫
Words and music by Lennon-McCartney
It seems I am on a roll lately with The Beatles…and with a little help from my friends Allison Wolf and Doug Jasinski. It seems we are sharing a 2007 CLawBie award in the area of Practice Management Blogs! In addition I seemed to have snagged a runner-up award for Best New Law Blog along with Donna Seale’s Human Rights in the Workplace and Dan Michaluk’s All About Information.
I am humbled by this recognition. Blogging seems a solitary affair and it is gratifying to find your work recognized. I also wish to thank Steve Matthews and his work in developing the CLawBies …he is indeed a leader in the whole area of Canadian Legal Blogs and moving law into the world of Web 2.0. Steve deserves the most recognition of all!
And in reflection, you realize that as a blogger, you are not alone…you are part of a community of like-minded individuals - and we all get by with a little help from our friends.
♫Tell him “no”, oh-oh-oh, Tell him “no”..♫
Words and music by Travis Pritchett, recorded by Travis & Bob.
A posting on InfoWorld’s web site today reports that British Schools have been advised not to upgrade to Microsoft’s Vista operating system and the Office 2007 productivity suite. The reasons are telling:
“We have not had sight of any evidence to support the argument that the costs of upgrading to Vista in educational establishments would be offset by appropriate benefit,” it said.
Furthermore, it continues:
“As for Office 2007, “there remains no compelling case for deployment,” the agency said in its full report, published this week.”
InfoWorld states that the British Educational Communications and Technology Agency (BECTA) advised that ‘the added value of Vista’s new features was not sufficient to justify the cost of deployment, while Office 2007 contained no “must-have” features.‘
In a telling move away from proprietary file formats: ‘the agency also recommended setting up desktops to make it easy to use such open-source applications, and advised schools to insist their suppliers deliver office productivity software that can open and save ODF documents, setting it as the default file format.’
This may be an early sign for organizations generally, including law firms, to move toward greater standardization around ODF formats. And if file formats become open and standard, that leads to questions as to why one would need a proprietary word processor, if Open Source software can easily meet the needs of a business organization.
This means that when the automatic request comes to purchase the next upgrade from Microsoft, the answer may be, to tell him no…
♫ Come together right now over me ♫
Words and Music by Lennon-McCartney
I have been remiss in making a new post due to my scrambling to finish my papers for two presentations at ABA TECSHOW 2008 in Chicago in March. Papers are due this Friday!
This year’s rendition of the Worlds Premier Legal Technology Conference promises to be as good, if not better, than all past Conferences. I find the quality of the discussions between presenters and attendees, the first-class presentations and the ideas that crackle in the air to be a fairly heady mix! For anyone looking for new approaches, concepts, applications and inspiration, this conference is an extremely nutrient-rich environment!
I also hope to again co-host one of the Taste of Techshow dinners…so if you are coming to Techshow, sign up for my dinner and we can chat in person at one of the fine restaurants in Chicago!
Check out the schedule and hotel and travel information on the Techshow web site. Oh and come to my sessions: Records Management Technology: It’s a Small World After All and Drafting Bills Your Clients Will Rush to Pay.
See you there - March 13-15, 2008.
Come together..right now….over me!
♫ Only night will ever know
Why the heavens never show
All the dreams there are to know
Paint the sky with stars...♫
Music by Eithne Ní Bhraonáin, lyrics by Roma Ryan, recorded by Enya.
It is nearing the end of the year…time to look back on the year and reflect on what is past…and what is yet to come. You recall your earnest resolution at this time last year that “things were going to be different next year!” Reflecting for a moment you realize that not much has changed, people are more or less performing as they were last year. Your own performance has fallen into a predicable range – or rut. You ask yourself “How do other businesses manage to achieve better-than ordinary results?” What is their magical formula? Short of cracking a whip, how do you motivate yourself, and others, to excellence?
The high art of achieving extra-ordinary results from people has been clearly demonstrated time and time again. However, it is an inexact science with many factors and ingredients. Let us examine the tips and techniques that have been put forward towards achieving lofty goals:
- The Oracle at
- In doing some research into this matter, the April 2002 issue of Fast Company had an article on the
- So what motivates people to perform? Money? Study after study show that while employees desire money, they are motivated by intangibles: challenge, recognition, opportunity for growth, involvement, meaningful work and pride. Money is a way of determining success – keeping score, so to speak, and is therefore the result of doing excellent work, not the inducer. What is the world’s most powerful motivator? Achievement. “I do because I can”. Motivation is tied to “internal matters” – grey matter, ultimately..
- Assume full accountability for your future. Now surround yourself with other high-achievers. Place yourself in a high-nutrient mix – where the peers with whom you associate will radiate higher expectations and their own pursuit of excellence. We tell our kids not to associate with certain crowds – do we drink of the same medicine?
- Acknowledge other’s successes. Don’t dwell on errors – praise results in public and deal with problems in private. Listen to your staff and their suggestions and act on good ideas. Whenever possible, give immediate feedback (shortens the learning cycle) and positive reinforcement. Give staff greater autonomy and encourage them to be confident and responsible. Do the annual performance reviews – and let the staff member verbalize their own strengths and weaknesses – and set their own methods on how they are going to grow. Let each staff member know why each person is put in their position. Let each individual know what skill development is required for them to go beyond their present job. Be clear on what it is that you expect them to accomplish in their present position. Make sure that the people with whom they work know this, too. Most of all, be consistent – be seen to be dealing with the deadwood as a way of communicating that low performance is not tolerated.
- Offer to pay for skill development (job-related, interpersonal and communication skills). Encourage staff to seek out managerial responsibilities in social settings – community groups, schools, social institutions, non-profits etc. – for the skills that they learn in those settings will come back with them into the work environment – as well as the recognition for a job well done.
- Model the behaviour you want. Care – passionately – about results. The test of anyone’s character is when the going gets tough. Keeping firm hold of the basics – grace under fire – tells volumes to the world and keeps the troops going. Edith Wharton said: “There are two ways of spreading light: to be the candle or the mirror that reflects it.” Churchill went further and said: “In the past we have had a light which flickered, in the present we have a light which flames, and in the future there will be a light which shines over all the land and sea.”
- Bring people into big projects. Let them feel and be part of the action. They can learn from their involvement and you can benefit from their energy.
- Eliminate bottlenecks and Red Tape. Process is important – except where it becomes an inhibitor of performance and new ideas. Recognize where your own procedures could be putting the stop to greater things.
- Have fun. Go to: www.spacecamp.com and read the testimonials from the alumni. Operated in conjunction with NASA, these programs challenge kids and adults to be, in effect, rocket scientists. (There is a Canadian version as well: www.spacecampcanada.com). Comments from those who went through the camps (The 500,000th camper, Samantha Rice, graduated June 15, 2007) consistently state that it was the experience of a lifetime. Achieving excellence and mastering new ideas does not have to be a slog. The evidence is clear – people who are having fun outperform those who are not.
Moving to higher ground may ultimately depend on ignoring the glitter and concentrating on that quiet place inside all of us where dreams are made and a candle glows on what might yet be.
(this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)