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Living a Life in the Law
Friday, May 16th, 2008

♫Just open your eyes,
And realize, the way its always been.
Just open your mind
And you will find
The way its always been.
Just open your heart
And thats a start…♫

Words and Music by Graeme Edge and Ray Thomas, recorded by The Moody Blues.

At the American Bar Association’s Law Practice Management Section meeting in Santa Fe, New Mexico that is happening on May 14-17, 2008, there was a panel discussion by Jamie Spannhake, Mark Komer, Ed Flitton and Diane Costigan on Living a Life in the Law. This panel presentation was all about achieving a life-work balance while practising law.

To begin with, the panelists had to draw a definition of what is living a balanced life. The definition that was put forward was “Using your time effectively so that no one area of your life is neglected”. To place this in context, Ed Flitton noted that at his firm, Holland and Hart, partners are expected to log 1700 billable hours/year and associates, 1800. On top of that are pro bono hours, education time etc to bring every lawyer’s total logged (billable and non-billable) time to 2500 hours/year.

If lawyers worked a normal number of days/year (231 is typical taking into account statutory holidays and 14 days/vacation/year) that means that lawyers have to log 10.8 hours/day in the office. This clearly implies that lawyers are clearly spending long hours and weekends in the office to meet their billable hour requirements. The situation is further compounded when you realize that there are many law firms out there that have even higher billable hour requirements from partners and associates alike.

So how do you start living a life in the law? The suggestions that were put forward were to build in a sabbatical of 3 months every 5 years for partners. For one, this adds to the motivation to become partner! Furthermore, clients are shared among the lawyers in the firm, as no one can simply leave their practice for 3 months. This promotes a cultural change in the firm to regard clients as firm clients and not to horded clients by partners. This cultural change is seen as being very positive and team-oriented.

Other suggestions were to choose your law firm carefully and try to work with lawyers who share your values. Furthermore, exercise personal leadership in defining what success is and a successful life are to you and not allowing others to set these definitions (and your schedule) for you.

Lastly look to creative ways to rework your time/career relationship with your firm. Jamie Spannhake brought forward her personal story to reduce her time requirements by 30% at her firm, in order to allow her to build a personal practice as a holistic health counselor (www.thenourishingbalance.com). She was the first lawyer at a major New York firm that brought in a reduced hourly rate requirement for someone for reasons that had nothing to do with family and child needs.

The first step is to open your mind and your heart … and that’s a start!

Posted in Issues facing Law Firms, personal focus and renewal, Trends, Change Management, Leadership and Strategic Planning, Firm Governance, Law Firm Strategy | Permalink | No Comments »
Time and Task Prioritization…
Monday, April 28th, 2008

And the cats in the cradle and the silver spoon,
Little boy blue and the man in the moon,
When you coming home, dad?
I don’t know when…
We’ll get together then,
You know we’ll have a good time then…♫

Writer and vocalist, Harry Chapin.

Ah, Monday morning! A fresh start on the week. Good thing that you took that file home to work on over the weekend - just imagine how busy the schedule would have been like otherwise! Let’s see - have to prepare for that big discovery this week. But the phone starts to ring and your secretary brings in the mail and despite good intentions, you are soon lost in the activities of the day. By Tuesday evening, the discovery has been pushed to the back burner of your mind by other pressing demands. On Friday afternoon you remember that the discovery is set for Monday and you still hadn’t prepared your notes. Stuffing the file into your briefcase you have a pang of guilt recalling that you had promised to take your daughter skiing this weekend. Oh well, she will learn that business comes first…

Despite the best security systems and locks on our office doors, time bandits sneak into our lives and steal away our most precious asset. These time bandits learn that certain of us are more vulnerable than others to this capital offense (truly capital, for it robs away our lives). Fortunately there are codes to live by that will stop this crime from occurring.

  • Get a head start by taking 10 minutes before you leave the office today and write out your “must do” objectives and priorities for tomorrow. This allows you to come in and hit your desk running with a clear understanding of your objectives for the day.
  • Handle a piece of paper once and only once. Having picked up a letter, memo or fax, dictate a reply, write instructions for filing or draft a response WITHOUT letting go and putting the paper back down on your desk. Or, stand at your desk until you have finished going thru your mail. The very act of standing forces you to make decisions and take action rather than procrastinating. Better yet, walk to the scanner and scan the letter so that you can file it into your electronic file and get it off your desk.
  • Avoid time-wasting activities, both for you and your secretary. Don’t dictate a letter if a telephone call will do. Use e-mail rather than faxes or letters. If you must write a letter, have standard letters prepared for common situations that take just a moment to be modified, rather than re-creating the wheel. Start a knowledge bank in SharePoint or other collaborative technology.
  • Stuart McLean of Morningside once interviewed John Goddard[1] who, at age 15, sat down and wrote out a list of the things that he wanted to do before he died. When he stopped there were 127 items on his list. In his mid-sixties, he had checked off 108 items, and was working on the remainder. Now, sit back and write out your life’s goals. Then imagine that you are looking back on your life and its important moments. How many of these moments were spent working late or on weekends? Consciously take time in your life to schedule in your important goals, and not just those of your clients. Don’t take work home - you are allowing work to take command of your entire life.

  • Take a moment during the day and sit down with your secretary and discuss the files in your practice. Try to remove or reduce any bottlenecks that may be slowing the flow. Listen to their suggestions to make things easier for all concerned.
  • Recall that activities can be divided into five categories (Bliss): Important and Urgent, Important but not Urgent, Urgent but not Important, Busy Work and Waste of Time. Important and Urgent matters get solved. Urgent but not Important activities clamour for attention, but don’t deserve the time they get. Busy Work and Waste of Time are just that - the sooner you forget these, the better. It is the Important but not Urgent activities that deserve attention, but usually get lost in the shuffle. Create a “to-do someday” list and review that list regularly. After all, on this list you will probably find such things as going on that trip to Europe with your spouse, or taking up fly-fishing or windsurfing or writing that book. This is the stuff that memories are made of…
  • Get an integrated practice management and legal accounting system for your desktop computer such as Amicus Attorney or Time Matters + PCLaw, LawStream, ProLaw and others, and start using them. These programs assist you in creating To-Do lists, creating lists of clients and telephone numbers (so you are looking in only one place for address information), in tracking calls and will create an electronic calendar and *so much more*.
  • When you do dictate a letter, file a pleading, delegate a task and automatically create a follow-up entry to check if a response has been produced. This keeps the simmer on and prevents matters from going cold. Moreover, you will develop a reputation in the office for being on top of things.
  • Delegate, delegate, delegate. Use the office staff to your best advantage. Refer out files that do not capture your full energy and enthusiasm. Have others do as much on a file as they legally and ethically can. Free up your time and energy for important tasks and files.
  • Someone once said that life was a series of interruptions interrupted by interruptions. Take time to concentrate. Block off times to work on matters, close your door, put your phone on “do not disturb” and put your shoulder to the wheel. When the allotted time is over, take your calls, and deal with matters knowing that you have used your time effectively.
  • Give yourself a reward for completing a task on your “to-do” list. Get up, take a short walk, grab a coffee, or even just give yourself a mental “way to go” prize. Recall that you attract more bees with honey than with vinegar.
  • The most important time-saving tool is liberal use of the word “No”. If you refuse to allow others to take control of your time, you will have kept the time saved for your own use.

Since we all do not know just how much time we have left, each of us can benefit from using our time to best advantage. Hopefully that includes those good times spent watching our little ones take their first bicycle ride or snowplow turn.



[1] McLean, Stuart, The Morningside World of Stuart McLean, Penguin, 1990.

 (this post is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)

 

Posted in personal focus and renewal, Technology, Adding Value, Issues facing Law Firms, Trends, Change Management | Permalink | 3 Comments »
Listen to the Music…
Friday, March 7th, 2008

What the people need
Is a way to make em smile
It ain’t so hard to do if you know how
Gotta get a message
Get it on through
Oh now mama, don’t you ask me why
Oh, oh, listen to the music…♫

Words and music by Tom Johnson, recorded by The Doobie Brothers.

Kevin O’Keefe’sReal Lawyers Have Blogs” blog was kind enough to start a series of Q&A posts regarding the upcoming ABA TECSHOW in Chicago on March 13-15, 2008 with yours truly. Rob LaGarta did the interview:

David Bilinsky of Thoughtful Legal Management [LexBlog Q & A]

As the ABA TechShow draws nearer, you’ll start to notice certain LexBlog Q & As that bear the TechShow’s badge (above) in place of our guest’s photo. This is your indicator that the interview you’re about to read is with a legal professional scheduled to present at TechShow, and that at least a portion of our conversation is focused on the event.

Our first guest is David Bilinsky, Practice Management Advisor and staff lawyer for the Law Society of British Columbia and author of the blog Thoughtful Legal Management. Dave will be speaking on two panels at TechShow:

  • “Records Management Technology: It’s A Small World After All”, with Jesse Wilkins (3/13, 4:15-5:15 p.m.)
  • “Drafting Bills Your Clients Will Rush To Pay”, with Steve Best (3/14, 1-2 p.m.)

Find out more about Dave’s blog and his goals for TechShow after the jump.

In the interview I talk about new ABA Techshow speakers including Kevin O’Keefe himself, Nils Jensen from Victoria and Dominic Jaar from Montreal, among others.

What is interesting is that Rob asked about where did the idea come from about using music lyrics to start my posts. You have to read the full answer on Kevin’s blog - but: “What the people need Is a way to make em smile
It ain’t so hard to do if you know how..gotta get a message, get it on through..oh oh, Listen to the Music….”

Posted in Technology, humour, personal focus and renewal, Issues facing Law Firms, Change Management, Trends, Leadership and Strategic Planning | Permalink | No Comments »
Ride On!
Tuesday, February 19th, 2008

♫ Ride ride ride let it ride
Would you let it ride?…♫

Words and music by R. Bachman and F. Turner, recorded by Bachman-Turner Overdrive.

Fellow Blogger Rush Nigut (Rush on Business) has written an imaginative blog post based on the Register’s Annual Great Bicycle Ride Across Iowa. In the post he not only describes the race, but has done so in a manner that incorporates legal bloggers across North America as participants into the race. I blushed on reading that he has graciously incorporated your humble scribe into Day 4’s post:

Day 4: Ames to Tama-Toledo - 75 miles

Charlie gets ready to head off to Iowa’s version of the twin cities today. In the pancake breakfast line he meets Connie Crosby who is kind enough to introduce him to David Bilinsky. David tells Charlie all about how there is a great need for law firms to turn their senior partners into business leaders. David Maister overhears them and chimes in that one-firm firms are often quite successful.

The whole blog post is delightfully quirky and fun. Hats off to Rush for thinking of this approach and for allowing his imagination to let it ride….!

Posted in Technology, humour, personal focus and renewal, Issues facing Law Firms, Trends, Leadership and Strategic Planning | Permalink | 1 Comment »
Tip from a Reader…Telecommuting!
Tuesday, February 12th, 2008

♫ 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!

Posted in personal focus and renewal, Technology, Adding Value, Issues facing Law Firms, Budgeting, Change Management, Law Firm Strategy | Permalink | No Comments »
Season’s Greetings!
Tuesday, December 18th, 2007

What a bright time
It’s the right time
To rock the night away.
. ♫

Words and Music by Joe Beale and Jim Boothe

At this time of year, I would like to take a moment and wish each and every one of you the best of the Season and Best Wishes for a Wonderful Holiday and a very Happy New Year in a world filled with Peace, Happiness and Hope for All.

By way of my small gift to you, I offer a few moments of reflection. Please download our slide show and play the PowerPoint file (note - turn your speakers on). The file is large (49,000 KB) and will take a few minutes on a high-speed connection. The music is by Lori Pappajohn, Celtic Harp for Christmas, and the piece is the Huron Christmas Carol (Canada’s oldest Christmas Carol) and she is a British Columbia artist who plays with her group Winter Harp. Used with permission of the Artist.

(If you don’t have PowerPoint installed on your computer, download the Microsoft PowerPoint Viewer from the Microsoft web site:

http://www.microsoft.com/downloads/details.aspx?FamilyId=428D5727-43AB-4F24-90B7-A94784AF71A4&displaylang=en )

Best wishes for a safe holiday filled with warmth, comfort and good cheer!

Posted in humour, personal focus and renewal | Permalink | No Comments »
Achieving Excellence in the practice of law
Saturday, December 8th, 2007

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 Delphi dispensed age-old, but very pertinent advice namely: Know Thyself. To achieve excellence you have to start with a strong potential – so ask yourself what is it that you are very good at? Put it another way: Marketing is not selling what you have but knowing what you have will sell. You probably know countless examples of lawyers who are doing whatever comes in the door rather than concentrating on what it is that they are good at. Clients want and expect to go to a lawyer who has a strong reputation and profile – they seek out those lawyers. Isn’t that what everyone wants – a practice where the clients find you rather than your trying to find the clients? Start building your profile by deciding – now – where lies your best potential to be excellent

  • In doing some research into this matter, the April 2002 issue of Fast Company had an article on the University of Maryland, Baltimore County (UMBC) and the Pan-American Chess Championships – and how the UMBC Chess team went from placing 26th out of 27 teams, to taking the tournament’s fifth title in six years in December 2001 (and currently the UMBC Chess Team is the six times winner of the Pan-American Intercollegiate Championship). Their secret? By recruiting top high-school students and creating an environment where it is “Cool to be Smart”. Oh – another factor - the majority of students are African-Americans. UMBC’s exacting standards combined with their desire for everyone to succeed – creates a “fire in the belly” of the students that helps them succeed. This approach is 180 degrees off of the conventional educational approach involving disadvantaged children – namely that you lower expectations for such kids because high expectations would be an excessive burden . The message: set high standards – you may be surprised at the results

  • 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)

Posted in Issues facing Law Firms, personal focus and renewal, Business Development, Change Management, Leadership and Strategic Planning, Firm Governance, Law Firm Strategy | Permalink | 1 Comment »
2007 Holiday Gift Guide for Lawyers
Tuesday, November 20th, 2007

♫So you better be good whatever you do
‘Cause if you’re bad, I’m warning you,
You’ll get nuttin’ for Christmas…♫

Words and Music by: S. Tepper, R. Bennett.

My friend and colleague Reid Trautz on his blog “Reid My Blog!” has just posted his 2007 holiday gift guide for lawyers. True to form, it is lighthearted, full of humour and you can see the sparkle in the eye of Santa’s favourite imp as Reid blogged about his gift suggestions. Personally I like the Buddah Board! Guess I had better start being good….

Posted in humour, personal focus and renewal | Permalink | No Comments »
Learning from the Mistakes of History, Part I
Saturday, November 10th, 2007

♫ Money, it’s a gas.
Grab that cash with both hands and make a stash. ♫

Words and music by Roger Waters, recorded by Pink Floyd

I received a call this week from a lawyer that I helped some three years ago. She was now considering the next step in her career and was taking some time off. Yes, time off! And she called to say that this was possible as she had followed my advice on the financial side of running her practice and could afford to take a break and consider what she wanted to do for the rest of her life. The advice that I gave her was straightforward and I condensed it into a column. Here it is:

You have just finished looking thru your aged accounts receivable printout and even thru closed eyes you can see the total amount outstanding. Is it really that large? Don’t your clients like you and like your work? Why are they not paying their bills? You start thinking about how to take some action. You groan when you think that most businesses would simply turn over the collection of their delinquent accounts to their lawyer. Write yourself out of this one, Joan Wilder….

One of the hardest things in business is constantly having to ask people for money – at the outset of a file, during the ongoing work on the case, at the end and worst of all, after everything is over but the payment of the outstanding bill. Let us examine some suggestions to try to avoid the problem in the first place realizing that sooner or later, someone is going to slip thru the best of systems….

Organize: You will need a collection system and a method to start dealing with your receivables. You need to track a number of bits of information regarding your clients and their billings including: a listing of all clients with all contact information, all accounts rendered to them, all payment terms arranged, retainers taken, funds applied to the account, funds remaining in trust, interest charges accrued and balances outstanding and all attempts made to collect the account (letters, phone calls, personal visits, referrals to collection agents and the like).

Be Proactive: Prevent payment disputes and complaints before they happen by setting up a system to verify that invoices are accurate and services were delivered as promised (timeliness, results, satisfaction, within budget), before the bill goes out. If you anticipate any difficulties along any of these parameters – meet with the client in person and seek to resolve them – now rather than later. Age may improve cheese and wine but it does nothing for bad debts.

Take Plastic: Accept credit cards or debit cards. Both cards allow instant payment before the client has left the office. Any credit card fees outweigh the cost of not being paid on the account by transferring the credit risk entirely to the card company. Check your jurisdiction’s ethics rules on taking credit and debit cards. Some State Bars (such as Oklahoma) have brought in affinity programs with financial institutions that will establish a credit card facility that will allow you to direct the credit card payment into your general or trust account, to comply with your trust accounting rules. Otherwise you will have to deal with your local bank directly.

Get it in Writing: We all have file-opening forms and written client retainer agreements, right? Your file-opening sheet should seek to gather as much personal information as possible – home and work address and contact info (mobile, home, office telephone and fax numbers, email addresses), bank, employer, drivers license et cetera.. Your retainer agreement should set forth in no uncertain terms your payment policies, retainer replenishment, interest on outstanding accounts and payment terms. Make it clear that you will ethically seek to remove yourself from any file where the client fails to honour their payment terms. Have the clients sign this retainer agreement before they leave and provide a copy for their records. If the client is unable to fit within your standard payment options, have them sign a monthly payment schedule that you and the client can both agree upon.

Be on Top: Once your system is in place, you need to review the reports generated by your accounting system and take appropriate action. Someone in the office should be responsible for monitoring the system, sending out monthly statements and drawing all exceptions to your attention. Once a matter is in your hands, be decisive. While most people write letters on overdue accounts, this is probably the least-effective method of collection. Meet your creditor in person – and be forthright in the facts – that the account is overdue, that you have a signed retainer agreement and ask how they intend on paying the bill. If the answer is not satisfactory – cut your losses and exercise your right to get off the file (ethically, of course). If your client has a concern regarding the legal work, solve it now as it will only come back to haunt you. If the account is small or it is inconvenient to meet your client, call them (and document your meeting or telephone call in writing). Use collection letters only as a last resort.

Follow-thru: Completed a file? Is the bill out yet? There is a proven relationship that the more time that passes between the completion of a file and the rendering of the final account, the less the motivation to pay the account. Accordingly make it a habit to get the bill out concurrently with finishing the file, then call the client to come in for a final meeting and present the bill in person. Discuss the bill and ask for payment- in full – now. After all, if they have no complaints about the bill they have no reason not to pay.

Make it Personal: When dealing with larger organizations, find out who is the appropriate person to receive the invoice. In larger entities, a bill can spend days or even weeks kicking around before it finds the right desk – and then it must fit within their payment cycle (usually larger organizations cuts cheques only 1-2 times a month). By addressing the bill correctly in the first place you can shorten the inherent delays. When dealing with any collection – don’t settle with talking to the bookkeeper – speak to the client.

Use Discounts and Shorten Payment Terms: Consider a 2% discount if paid within 7-10 days – this works to the benefit of both the payor and payee. Furthermore, there is nothing that says that payment terms must be 30 days – consider shortening your “due” period to 15 days after presentment (check your ethics rules on collections and in particular, for the minimum time period for which a legal invoice must be outstanding prior to any legal action for collection - you may find that you are prevented from suing a client for fees until 30 days after presentment or such).

Squeak: There is an old adage that the squeaky wheel gets the grease – or in our case, the money. While being cognizant of the rights of debtors, call your delinquent client as often as you can and stick to the facts (don’t badger or get emotional – remember you are trying to get something from them, not lecture them on their morals or ethics).

Draft Bills Carefully: Jay Foonberg in an article “How to Word Invoices that Clients are Happy to Pay” states that the most important thing in wording invoices is to list every single document you prepared or reviewed. His advice: list all forms your secretary prepared. Use words such as “further” and “continued” to avoid the impression that you are repeatedly charging for work you did once – vary your descriptions to provide a flow of work over time. Don’t bill for telephone calls – confirm the conversation in writing and bill for the confirmation. Show dates on which you provided service but not hours of service (unless your retainer agreement requires you to do this). Always read your invoices carefully before they are sent. Lastly, ask your clients how they want to be charged and where they want the bills to be sent – and follow this.

Don’t flog dead horses: Your time is money – if an account is truly noncollectable – write it off and go on to new matters. Resolve to learn something from the file - why did the debt become noncollectable? Is there something that you could or should have done at the beginning that would have changed the outcome? By learning from our mistakes we can avoid repeating them.

By keeping an interest in your cash flow, you can grab the cash and truly work smarter and not necessarily harder. And that buys you the opportunity to decide what is important enough to you to spend the rest of your life time pursuing…

(this is based on a column originally published in PracticeTalk in the Canadian Bar Association - BC Branch’s newsletter BarTalk)

Posted in personal focus and renewal, Budgeting, Law Firm Strategy | Permalink | No Comments »
No time for time off…
Monday, August 20th, 2007

Nibblin’ on spongecake, watchin’ the sun bake
All those tourists covered with oil.
Strummin’ my six string, on my front porch swing.
The smell of the shrimp beginning to boil.

Wasted away again in Margaritaville,
Searchin’ for my lost shaker of salt…

Words and Music by Jimmy Buffett.

Having just returned from a short vacation that was justified by a joint presentation to the Canadian Superior Courts Judges Association and the Canadian Bar Association in Calgary on the Top Tech Tips for Judges and Lawyers with my colleagues Simon Chester and Dan Pinnington, and the Honourable Mr. Justice Garrett A. Handrigan, I reflected on the benefits of being ‘unplugged’ from the office, the web and the cell phone - even for just a short a time as a week. Yes I faced the avalanche of emails on my return. Yes I felt the gnaw of not checking emails and the guilt over upcoming deadlines. But all this was gradually replaced by a sense of renewal and reflection that I have craved - and needed - for some time. And this led me to think about my colleagues and how many of us have been avoiding taking holidays and time off due to work pressures, the sense of need for increased productivity and guilt over being away while others are at work.

Certainly we are not alone. A recent Ipsos Reid/Expedia.ca study has found that North Americans - and Canadians in particular - are the worst at taking vacations. While other citizens take lengthy vacations - the French lead with 30 days, Swedes take 25 and the hard-working USA citizens take 15 - Canadians only take 10 days - while over 32 million vacation days in Canada go unclaimed every year.

There are costs in not taking vacations. The Journal of Travel Medicine in a paper entitled: “Managing Cancer: The Role of Holiday Taking found that:

“Holiday taking offers a vehicle for transcending illness, even if only for a short period of time. Travel offered a range of therapeutic opportunities as well as providing a necessary means of escapism. Promoting travel as part of the rehabilitation process may well generate more intrinsic benefits than are currently appreciated. Such benefits may also be of broader application to patients facing other similarly complex illnesses.”

Even the Pope hails the benefits of taking holidays. In July in the Italian Alps, he urged the faithful to to use holidays for “meditation on the deep meaning of life, surrounded by family and loved ones.”

Personally I believe that the pace of life has reached the point where law firms and legal employers need to be proactive in ensuring that their staff and lawyers take time off - for this paradoxically will result in increased productivity and job satisfaction from those who return to the workplace refreshed, renewed and ready to tackle new challenges. Now my New-Year’s resolution (for I feel that September is really the start of the New Year..not January…) is to ensure that vacation - and down - time is built into next year’s schedule, lest it slip between our fingers and be lost…after all, wasting away in Margaritaville may not be wasted time after all…

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