Rules of Business Referrals /Etiquette

Posted/Additions by Charlotte North Carolina Attorney
By David A. Goldsmith
One of the key roles of management is to build business through relationships. A common way to build relationships is through referrals: with, for and through banks, attorneys, employees, peers, and anyone else who has something that someone else wants or needs. The better you are at managing the referral, the better off you and those in your organization will be. Unfortunately, even though most referrals start with good intentions, they're conducted haphazardly and don't yield the results people expect. It's often the reason that referrals are not offered. Who wants to be burned? The tips in this article should help you control the outcomes and get what you want.
Everyone has been embarrassed by their association with another person at one time or another. How about that cousin you wouldn't want anyone to know about? But what happens when the embarrassment happens in a business situation: more specifically, when you refer one person to another and one of those parties is unprofessional or just plain screws up? Making a bad connection could cost you money or something more valuable and much harder to recoup--your reputation.
We once stepped into an awkward situation when we referred a business peer, seeking a specific product, to one of our clients, who just so happened to offer that very product. We thought we were doing a good thing, a win-win-win thing...until we received a phone call from our client explaining that the referred person made a vulgar offer to a woman on the client's staff when she said she couldn't go any lower on her price. We were shocked. Our client ended the conversation with, "I'm not sure what to do, but what he [the business peer] did was disrespectful to my staff and to you. I'm going to let you handle this." The outcome was hardly the one we were shooting for. All we could do was apologize and hope our reputation didn't take too big a hit.
The referral is part of Business 101, and it's a valuable way to extend your business connections. Typical referrals involve three parties: the person who wants something, the person who has something to give, and the person who connects the two. Sounds simple and clean...but as our bad experience shows, sometimes things get messy. So what can you do to facilitate successful referrals? That depends on which of the three roles you're playing. Here they are.
The person who wants something. If someone connects you to another party, remember to:
1. ...respect relationships that others have developed. Consider it your way of saying "thanks" to the person who made the connection.
2. ...stay professional and avoid being too casual or friendly. A referral ONLY opens a door of opportunity. You're still responsible for building your own relationship.
3. ...conduct yourself in a way that honors the "referrer." Your actions represent yourself AND the person who gave you the referral.
4. ...leave foul language at the door. Everyone has a different tolerance point.
5. ...keep ethics above board. To do so will net you a double win. To fail will curse you with a double loss at the very least. Good news travels; bad news travels faster.
6. ...check the ego. Don't believe that your credentials, awards, accomplishments and the referral impress everyone so much that you can leave your manners at the door.
The person who has something to give. If someone sends business your way, make sure you:
1. ...deliver what you promise, and promise only what you KNOW you can deliver. If you find that you can't help out, be honest about it and say thank you.
2. ...make good on any mistakes that occur. People understand that errors happen. Keep both of the other two parties' interests in mind when taking responsibility for those errors.
3. ...if you want to keep the referral business pouring in, make sure you meet or exceed the expectations of the person doing the referring. Hint: they're expecting you to make them look good.
4. ...never "bad mouth" the person who referred the business or the one providing the service. What you say will almost surely get back to them.
The person who connects the two. Before you connect one person to another, make sure you:
1. ...know whom you're dealing with. Only connect people who will show you in a good light...that goes for the person who wants something as well as the one who has something to give.
2. ...aren't connecting people for the soul purpose of getting reciprocal referrals. A client in Boston complained about giving out referrals but rarely getting them in return. Instead of expecting referrals, he learned that the real value came back to him in the form of strengthened business relationships with others.
3. ...kick off the transaction in a professional fashion. Whether by telephone, email, or in person, set a tone of respect by introducing each person as a respected professional.
4. ...butt out when you see the relationship blossom. Chalk up the connection as another success and move on.
Referral etiquette is basically pretty simple. Behave yourself, respect others, and do the right thing. Then make sure you deal only with those who do the same. The combination is a winning formula for building new business relationships and strengthening old ones.

I would like to add:
5. As the referrer Do not discuss pricing (of someone else's services) with a potential referral
6. If you refer friends and family do not infer that the services (provided) by someone else will be free. In fact you should do the exact opposite.
7. Do not provide the referral with the person's cell phone unless they give you explicit consent to do so. It is best to use their office number and or email (as preferred to the referee)
8. Do not refer someone you know will not be able to pay or retain the service of the referee.
9. Do not refer someone who you yourself would not provide services (someone you know is either crazy, has issues paying, will cause the referee a lot of problems in the end).
10. Treat the referee with respect and do not suggest that they modify their prices or services. If you are not trusting of the referee or don't believe in their services, simply do not refer clients to them!

26 Things to Do When Business is Slow and in Downtime Mode

Posted by North Carolina Bankruptcy Attorney
by Allfreelancers
Freelancers are in a great position in that they have the freedom to work when they want to and they have the choice to take a vacation whenever they are in the mood. With that said, some freelancers are anxious to work day in and day out which may present a problem for them when business is slow. However, there are many things which freelancers can do to bide their time while waiting for new work to come in.
Brainstorm and Doodle
Perhaps one of the most constructive things which freelancers can do while business is slow is to brainstorm. How often do we have a free block of time to just sit there and think? Think about what your goals are for the following year. What will you need to do to meet or beat those goals?
Search for New Jobs
Perhaps one of the most constructive things which freelancers can do while business is slow is to search for new jobs. Depending on the type of freelance work one pursues, this can involve cold calls, searching the Internet for job opportunities, handing out flyers, putting advertisements in the paper or using one’s contacts to expand their client base. No matter what the desired route in the pursuit of jobs may be, searching for new jobs is a great way to spend your down time when business is slow.
Organize Your Home Office
Another way to keep yourself busy when business is slow is to organize your home office. Since there is often little time to do so when the days are busy and work is flowing in, tidying up the home office is always a wonderful way to spend your off days. This may involve anything from organizing files and contact lists to purchasing new home office equipment. Whatever it may be, use the time when business is slow to get things in order within your home office setting. Go through all the useless piles of papers, magazines, and other junk that have been getting in your way for as long as you can remember, and get rid of them once and for all. Remember the this organizational mantra: Do it, Ditch it or Delegate it. Your goal is to reorganize your office in a manner that will allow you to find what you need in 60 seconds or less. This will optimize your time when work starts pouring back in.
Get a Head Start on Your Taxes
Quarterly taxes are never too far away. There is no time like the present to get ready for tax season. Use this free time to prepare your tax files so that you can get taxes down it a snap when tax time pops up out of nowhere (as it always does). Some things that you can do are:

• Make sure your books are up to date.
• Go through your expense receipts and categorize them.
• Estimate your last tax payment for the current year.
• Put all digital receipts in a digital folder.
• Make sure all of your payers have your correct information for when they send out 1099s.

Good Will Towards All Clients
Use this extra time on your hands as an excuse to be nice to your past clients and potential clients (companies who almost used your services). If you are out of work around the holidays, send out a holiday card to them (nondenominational card as to not offend them). Even if it isn’t around the holidays, you can still take the time to write a personal note to your client (preferably snail mail) in which you thank them for using your services. You can also include a coupon, certificate, or freebie in the envelope. This is a good way to just place yourself in their mind. This way if they do need some work done, they will hopefully hire you to complete it.
Add Services Depending on Your Clients’ Needs
During slow business times, you should focus your attention to new ways to make money for your business. This might mean that you learn a new skill or that you start doing work that you don’t necessarily enjoy. Once you get your feet back on the ground, you can change your direction and outsource this extra work. But for right now, you need some work and beggers can’t be choosers.
Just think about all the business that you are throwing away. Lets say that you are a web designer. Someone who needs a web site might need a web designer, logo designer, writer, web developer, a hosting company, etc. Maybe you are an excellent writer and fantastic at logo design. Why are you throwing away this business? Most server companies offer reseller hosting accounts. This means that you can sell hosting accounts. Look into this and see if you can get some extra work out of it.
Lets say that you don’t have the skills or talent to offer those extra services. Well, then I suggest that you join up with some other freelancers who do have these talents. You offer to share your extra work with them that is in their career field if in return they throw business over your way. Networking is the key to the game.
Start Selling Products
I know. I know. You might think that I am pushing it past your boundaries with this idea. But, really, I am not. You are an expert in your career field, aren’t you? Some ideas for products are to create an online course or to write an e-book for Your career field.
If You Don’t Have a Website, Create One
Your best self promotional tool is the Internet. If you don’t have a web site, then you need to find out how to create one or who to hire to create one for you. If you can’t afford a website designer, then I suggest using a web template. Templates range from free to very expensive, so shop wisely. If you don’t feel that you can handle a web site, then you might be able to get away with just having a blog. You would do much better with your own domain (for SEO purposes), but if you can’t handle this than you should pick up a Blogger or WordPress account.
Create a Blog
A blog is just as important as a web site and can be used as your web site if you want. My personal opinion is that a blog is the best marketing item that you can use. Why?

• Blogs get picked up by search engines almost immediately.
• RSS readers also pick up blogs.
• You can ping sites to tell them to pick up your blog.
• Content can be syndicated and shown all over the web.
• People can subscribe to your blog.
• People can comment on each article.
• You don’t need to know HTML or how to code.
• Metatags are updated automatically.
• Trackbacks (When you link to another blog, they automatically link back to you).

Create a Form Letter for Potential Customers
Now is a good time to work on a letter that you can send out to potential customers. This letter isn’t to be sent out to random people, rather people that you almost made a sale with. This letter will remind them that you are available for work and is simply being sent to see I they are ready to make their decision. A sample letter would be:
Dear Sam (if you are on a first name basis),
It was so nice speaking with you in December. I hope that you had a nice holiday season and that life is treating you well. I am just writing to see if you had started the big project that we spoke of. As you already know, I have 20 years experience working with publication companies, and I know that I could help you achieve your goal within your budget. If you are ready to start your project, I am available for a free hour consultation. Call me any time, day or night.
Ps. I have included our e-zine. I hope you enjoy it.
Sincerely,
Rachel Goldstein
AllFreelance.com
999-999-9999
Review Your Marketing Materials.
You should stop to analyze why you aren’t busy with projects. Now is a good time as any to set some time aside to review your marketing materials. Is the design too flashy or outdated? Was your design created with MS Word and printed out on your home printer? If so, I suggest that you have your marketing materials printed out professionally. You will find an increase in business if you step up and have your brochures, business cards, etc. printed out by a commercial printer. You should also look at the copy on your marketing materials. Show your brochure and other marketing materials to family and friends to see what they think. If you have enough money, have a professional copywriter rewrite your copy.
Rethink Your Business and Marketing Plan
Revisiting your business and marketing plan is always tedious and something that you probably aren’t going to be too excited about doing. However, if business is slow, you might be going through a slump because the market has changed. Another possibility is that your business focus has changed without you even realizing it. Take the time to analyze your marketing and business plan and hopefully something good will come out of it.
Review and Update Your Website or Blog
If you already have a website or blog, then take some time to update the design and copy on the web site. Make sure there aren’t any typos and that your marketing copy is working for you and your business. If you need to, consider hiring a professional copywriter and / or web designer.
Take the Time to Learn Something.
As a freelancer, you are supposed to be an expert in your field. With an overbooked schedule, you probably haven’t had the time to keep up with new standards in your industry (especially if you are in a technical field). Now is the best time to jump back into school. There are plenty of online courses that you can take or you can take a course at your local community college. Just remember that you will most likely get a client (or two or three) before you are finished taking your course, so I don’t recommend taking more than one course at a time. However, if you can find short classes or classes that you can finish at your own pace, then you can take as many as you please.
Work on Your Financial Records
If you are anything like me, then you put off your bookkeeping tasks until the last minute. Now is the time to work on this tedious task. Find all of your receipts, credit card statements, and bank account statements. Get to work placing all of your revenue and expenses into your bookkeeping system.
Write Articles
As a freelancer, I am sure that you are always looking for ways to promote yourself and your business for free. Well, the best way to do this is to get your name out on the web by writing articles and submitting them to article banks and sites that accept submissions. You can increase your visibility drastically by just submitting one article. However, I recommend writing many quality articles to show your expertise in your field. Make sure that you are referenced in these articles. Something like this works best:
John Smith
Fake Company
Expert Web Designer
http://www.fake-company.com/
fake-company@server.com
Some web sites won’t let you have all of this information written as a signature on the article, but they will let you have a summarized version. If not, at least insist on your name and website address being added to the article. In order to utilize this idea to promote yourself with this viral marketing technique, bookmark this page full of article banks and article submission sites so that you will know who accepts articles.
Copy Paper Items into Digitized Format
Do you have a rolodex that is busting at its’ seams? Do you have phone numbers all over pieces of paper and sticky notes covering your desk? Are you a chronic note taker (but on paper)? Now is a great time to put your paper items into digital format. You might want to consider getting a PDA or an iPhone to reduce your paper clutter.
Look for Ways to Cut Costs
Now that you have some free time on your hands, you can take the extra time to research more economical options to your business practices. Some things that you can take a look at are:

• Look at other Internet Service Providers in your area to make sure that there isn’t a plan available from another company that better suits your needs and your pockets.
• Look at your telephone plan. I pay a ton less, now that I use my cable company as my phone plan. They gave me a low price for TV cable, phone service, and cable modem service.
• Don’t forget about your cell phone plan. Are there lower plans out there?
• Office supplies costs much less online because you can sort by lowest price. And I love that Staples ships for free.
• You can buy toner and ink to refill your printer cartridges. This is much cheaper than buying new cartridges and much better for the environment.

Survey Your Clients and Potential Clients
How else are you to know what your clients want unless you ask them? Write up a survey. Start by asking them how they would want to keep in touch and work your way up to what additional services can they could use? Also ask about how satisfied they have been with your services and how you could have improved. Keep it brief and make it easy to respond. You should offer those who fill out the survey in full a discount on one future order, a free gift, or a gift certificate to a business like Amazon.com or other store. You’ll learn some very valuable information on how to adjust your business offerings or operations to keep — and maybe even gain — customers. Then you can compile all of the questions and answers. You can use these questions and answers on your web site.
You can also ask your clients what questions they would want answered. These would be questions that probably most potential clients would want to know to. You could answer your clients’ questions and then also use your answer as an article for your newsletter, blog, or web site.
Brainstorm Ways to Obtain New Clients
In addition to searching for new jobs, freelancers should also take this slow business period to brainstorm about ways to gain the most amount of new clients in a short period of time. This may involve reconsidering one’s advertising methods, checking the available finances to see what resources they can use to gain more clients through advertising and looking over the current offerings to see if the business can offer more valuable services.
Network and Make Business Connections
This is the best time to make more connections for your business. This can take the form of exchanging links, posting on forums, joining community sites, posting your articles to article banks, using social networking sites, etc. Here is an article I wrote on Successful Viral Marketing. It is a must-read article if you are interested in viral marketing and networking successfully.
Make Money on the Side
There are plenty of ways to make money both online and offline. A few ways to do this are:

• Write articles for sites that pay for them.
• Sell used things on eBay for a profit.
• Fill out surveys for money.
• Place Google Ads on your website or blog.
• Place affiliate marketing ads on your website or blog.
• Sell products on CafePress by coming up with unique items.
• Take pictures and sell them to Stock Photography sites.
• Here are ideas for web designers and graphic designers.
• Blog daily and put Google Ads on your blog”¦believe me the money will come in.

Take a Vacation with the Family
Since many freelancers work seven days a week, vacations are usually few and far between. When business is slow, this is the optimal time to get away for a little while and reconnect with the family. Since freelancers are never too far from their “office” as they usually work out of their home, getting away from it all in the way of a vacation is the perfect thing to do. Due to the fact that business is slow, there are no excuses with regard to being unable to get away from the office for a vacation.
Take the Time to Have Some Fun
If you don’t have the time or cash for a vacation, then at least allow yourself to have a little break from work. Use this free time to take a walk, go to the park, walk around in the mall, go out with some friends, go to the spa, or whatever floats your boat. Soon you will have more work than you can handle, so why not take advantage of this free time.
Take Care of Household Duties
For those who do freelance work out of their homes, it is often easy to overlook household duties and tasks, especially in the height of the work season. During the time when business is slow, use this time to take care of household duties whether it be something as simple as cleaning the bathrooms to something more extreme such as cleaning out the garage.

It's Not Easy Being Green

By Charlotte North Carolina Attorney

There many ways in which I feel you as a business and or law firm can go green

1. For instance The Federal Courts in North Carolina are paperless and require electronic filing. It is my hope that the state courts in North Carolina will follow suit.
2. We send clients information and documentation via email. This serves a dual purpose: A. It ensures prompt receipt of the information. B. The information is easily stored by our firm and the client. C. Email is more secure D. It cuts down on the costs that we have to pass down to clients for mail, paper, copying. E. Its eco-friendly because we are not using paper, postage, and other items that is harmful to the earth.
3. If you have old paper files, scan them into electronic files and put them on your system.
4. Record notes and information on the computer and back them up on a hard drive and other medium.
5. Create a recycling bin for your office use to place all recyclable items, separate and apart from the trash.

Attorney Maxwell Practices law in Charlotte and Concord North Carolina. She practices Bankruptcy, Family Law, Business, and Traffic Law.

Special thanks to Chirnese L Liverpool, who practices Bankruptcy in S. California.

Dealing with the Most Difficult Clients

Dealing with the Most Difficult Clients

by Joseph Shaub

posted by LA Bankruptcy Attorney

You should have heard those faint alarms going off after the first half hour of Susan’s initial consultation. You were her second lawyer (and you’re aware of the “Don’t Be the Third Lawyer” rule), and she was extremely critical of the handling of the case by her prior attorney. You’d never dealt with him so you didn’t have a frame of reference. Yet, as Susan continued to tell her story, she seemed to vilify everyone who had been involved in the case. The father of her three children was “abusive” and she was afraid of him; she had been in therapy for a while, but that ended in dissatisfaction with the counselor’s lack of empathy; Susan was concerned that the parenting evaluator was biased. She came across as an intelligent, charming woman. Every concern she had was entirely plausible. It wasn’t until you had invested thousands of dollars of energy and time into the case, and at times felt compelled to tell Susan things she didn’t want to hear, that she suddenly turned on you with all of the venom that she had previously held for her husband. As it happened, you became the second of four attorneys and you are left with a receivable which you aren’t eager to pursue, given Susan’s penchant for accusation and conflict.

Or perhaps you have had clients like John, a successful businessman who is inclined to dismiss your advice whenever offered. He came to you because he had heard that you were an excellent attorney (even the best in a particular field) and he is enraged when the temporary orders fail to grant him 100 percent of the relief he has sought. He is estranged from his wife (of course) and his teen-age children. He is invariably rude to your staff and very demanding of your time. He insists on being treated like a “special client.”

Leon is another kind of client that some have endured. He is extremely attractive and charming. Your first impression is quite positive and you actually feel some sympathy for his statements that his wife is trying to cheat him. He can’t pay the full advance fee deposit you seek because he has a deal that is closing in three weeks and he desperately needs some work done on his case immediately. You take him on as a client because, frankly, you like him and he seems very forthcoming. As you get more deeply into the case, however, your misgivings bloom. He continues to put you off on the fee, with imminently reasonable excuses; he dodges discovery requests for financial documents; he blatantly ignores the pick-up and drop-off times in the temporary parenting plan. After two months and a $7,000 receivable, you are forced to cut your losses and withdraw.

Finally, there is Mary, a strikingly attractive woman, who dresses such that your receptionist and staff turn her into the topic of the day whenever she comes by to drop things off (which is more frequently than any of your other clients). She is extremely emotional, and you took her on (with a tiny tug of doubt in your gut) because she triggered the protector in you. She was truly needy. However, that tiny tug became a full-on shove when she began calling the office almost every day — sometimes three or four times a day. Your staff wasn’t able to “understand or help” her. Again, the fees were running up disproportionately. When she would come in for appointments, she would carry on for about 90 percent of the meeting about her feelings, her concerns, her husband, her co-workers, her plans — almost everything but the business at hand, which might be reviewing and signing off on a declaration.

How we respond to these clients in the volatile environment of a family law case will not only bear on whether we get paid, but it will also affect our freedom from bar complaints and suits. It is widely acknowledged that family law is the leading magnet for bar complaints. A recent report of the Arizona State Bar, for example, noted that 28 percent of their complaints arose out of family law matters. Failing to adequately communicate with clients is the number-one cause of bar complaints. Difficult clients almost compel us to avoid them in order to manage our calendars, our energy, and our sense of well-being. The way that we manage our “normally distraught” clients is certainly important. However, the greater share of complaints and potential malpractice suits will arise from our pool of clients who suffer from a condition that is described by the DSM-IV (the “Bible” of mental health diagnostics) as “personality disorders.”

Mental health practitioners have long been aware of a particular difficulty that was termed a “personality disorder” in the DSM-IV. Rhoda Feinberg and James Tom Greene describe a personality disorder in their article The Intractable Client — Guidelines for Working with Personality Disorders in Family Law (35 Fam. & Conc. Crt. Rev. 351 (1997)) as follows: A personality disorder is a clinical term used to describe people who are “locked in” for many years with certain exaggerated personality traits that interfere with all aspects of their functioning in life.

Both the DSM-IV and William Eddy1 aptly describe these personality disorders as reflecting “enduring traits.”

While there are nine personality disorders described in the Feinberg and Greene article, Eddy, in his excellent High Conflict Personalities, focuses on the four which he identifies as particularly challenging for the family law practitioner. These are Borderline, Antisocial, Narcissistic, and Histrionic.

In the shortest of shorthands:2

Antisocials (Leon) are characterized by a collection of traits which may include the failure to conform to societal norms with respect to lawful behaviors; deceitfulness; impulsiveness; aggressiveness; consistent irresponsibility; and lack of remorse over the injuries they cause, often, but not always, accompanied by a very beguiling personality.

Narcissists (John) are characterized by a grandiose sense of self-importance; a preoccupation with fantasies of unlimited success, power, or beauty; a belief that he/she is special; a sense of entitlement; a lack of empathy; and a tendency to be interpersonally exploitive.

Histrionics (Mary) are uncomfortable when not the center of attention; display rapidly shifting and shallow expressions of emotion; consistently use physical appearance to draw attention to themselves; tend toward theatricality in expression; and consider relationships to be more intimate than they actually are.

Borderlines (Susan) tend to have a pattern of unstable and intense interpersonal relationships; be impulsive in their intimate relationships; experience chronic feelings of emptiness; exhibit inappropriately intense anger; and possess a markedly unstable self-image. Borderlines are noted for putting the other person on a pedestal (“You are a brilliant lawyer. I cannot believe my luck in finding you.”), followed by intense denigration and anger (Bar grievances, lawsuits, abrupt dismissals, etc.).

Family lawyers who have engaged in custody disputes may be familiar with the name Millon, as Theodore Millon is the principle author of the psychological instrument, together with the MMPI-2 (Minnesota Mulitphasic Personality Inventory-2 — a widely used and widely researched test of adult psychopathology), which is conventionally administered to parties in a parenting evaluation. In his excellent text Personality Disorders in Modern Life (2000), Dr. Millon notes that each personality disorder may be seen as residing along a continuum of behaviors or traits. Most of the characteristics of a particular personality disorder may be found, albeit in different intensity and presentation, among the “normal” or even “highly successful” population. Along the Antisocial continuum, for example (but not into the “red zone” of difficult, alienating, or destructive behavior), is the daring risk-taker who takes care of the business many of us wouldn’t touch. Not so far along the Narcissist continuum is the supremely confident, and successful, businessperson. Moderate Histrionic qualities impart a sense of drama and entertainment to life, while the drama which is so acute in the Borderline adds spice to an otherwise dull life when carefully measured.

When pushed to the level of pathology, the four “high-conflict personalities” are found by Eddy to be driven by the following fundamental fears: Borderline — fear of abandonment; Narcissist — fear of inferiority; Antisocials — fear of being dominated; Histrionics — fear of being ignored.

Additionally, what really differentiates these people, in Eddy’s view, is that they perceive (and persuade others to share in this perception) that the cause of their distress is external. Eddy notes:

Because they think their internal problems are external problems, the difficulties of those with personality disorders continue and become quite distressing.3

High-conflict personalities have enduring patterns of behavior characterized by:

1. Chronic feelings of internal distress;
2. Think the cause is external;
3. Behave inappropriately to relieve distress;
4. Distress continues unrelieved;
5. Receive negative feedback about behavior which escalates internal distress but thinks the cause is external so behaves inappropriately . . . and on and on.4

Not everyone with a personality disorder becomes a high-conflict personality. Only those who are also “Persuasive Blamers” seem to become high-conflict personalities. Persuasive Blamers persuade others that their internal problems are external, and caused by something else or someone else. Once others are persuaded to get the problem backwards, the dispute escalates into a long-term, High-conflict dispute — which few people other than Persuasive Blamers can tolerate.5

The thing to remember about these people is that they labor under a real psychological burden. Their personalities tend to be rigid, and they have little tolerance for self-reflection that might challenge their (often) fragile egos. While conflict is stressful for most of our clients, the circumstances that bring these folks into our offices are fertile ground for the maladaptive behavior which make them so tough to handle. So how can we best protect ourselves, and the professional relationship, from the encroachments of the strivings of these clients? Consider these seven closing tips:

1. Set clear boundaries. The rules of the attorney-client relationship must be assiduously adhered to. Telephone calls must be billed, or they will mushroom. Deadlines must be clearly communicated and enforced. Bills must be paid in a timely fashion. Be particularly careful to dress and act professionally with these clients. They should never be permitted to verbally abuse you or your staff.

2. No special treatment. Do not stray from your customary practice to allow these clients to feel special. Avoid unique financial arrangements. Don’t give the client your home phone number. Don’t meet at odd hours.

3. Do not avoid the client. Failure to return phone calls, while relieving you of stress and aggravation, will cause the client’s anxiety to escalate. If necessary, tell the client that you will not be readily available to him. Instruct your staff on specific procedures when dealing with multiple and insistent telephone calls.

4. Communicate clearly. While e-mail has a down-side with these clients, as you are likely to be deluged with messages, at the same time, you are able to clearly communicate expectations and possible outcomes in writing so you have a clear paper trail that you can refer to. Don’t believe that just because you told the client something, it had impact on him and he retained it. If you have certain rules or boundaries to set, communicate them very clearly and, if necessary, repeatedly.

5. Don’t get seduced by adoration. This is particularly true with the Borderline personality, who is gifted at the art of seduction (“I don’t know how I was ever so lucky as to find you for a lawyer.”) followed by vertiginous denigration (accusations of betrayal, malpractice, or unethical conduct). Keep your relationship with this client level.

6. Be consistent. These clients will repeatedly try to push the boundaries you set. They will test you and your staff. Counter-intuitively, they will be more anxious if you allow there to be even minor variations in your process and relationship style. You will be more likely to calm this anxiety with consistency.

7. Stay at arm’s length. Almost every one of these personalities has an attractive quality about them. You may be drawn to the Antisocial’s charm, the Borderline’s need for protection, the Narcissist’s powerful personality, and your desire to impress or the sheer entertainment value of the Histrionic. In fact, if you find yourself thinking of a client in an emotional or personal way because of these qualities, be very careful. You will have the greatest success managing the client, their case, and the post-litigation fallout if you strictly adhere to a professional, friendly, arm’s-length attitude toward the client.

Ask among your colleagues, and you will hear the “war stories” of client relations gone sour due to mistakes made with these four “high-conflict personalities.” The solution can’t be to avoid them, because we often won’t know we have this problem until after we have been retained. Additionally, these people sorely need our guidance, professional advice, and representation. The work does not have to end with grumbling and distress — and can even result in a deep sense of professional satisfaction — if we keep our eyes and ears open and follow some basic rules once the red flags begin to pop up.

How to Start Your Own Mobile Notary Business

Posted by Mobile Notary Charlotte
If you are looking for a way to make a little extra money without spending your days tied to a desk, starting a mobile notary business might be the perfect thing for you. As a mobile notary, you will go straight to your clients whenever they need notary services.

Start a new business can be overwhelming at first. There are so many questions to answer and hundreds of little details to get in order. For mobile notaries, it is important to have reliable transportation. Many will find it's beneficial to keep notary credentials and a photo ID with them at all times. This is helpful if you go to homes and offices of new clients who need a way to verify who you are. A retractable badge holder is recommended, but other types of ID badge holders will work too.

While it's difficult to cover everything you need to know about starting a mobile notary business, the following suggestions will get you started and help you determine if a notary business is something you would like to pursue.

Becoming a Notary

Before you can start, you have to apply for a notary commission. You can go the National Notary Association for help locating the appropriate application forms. Requirements may vary depending on your location. You will need to invest in notary tools such as an embosser, and it is recommended that you buy a receipt booklet or use business software to keep track of your income and expenses. As a mobile notary, you may find a GPS device is helpful for getting you to your customers on time.

Setting Your Rates

You can get a feel for rates in your area by doing a little market research. Conduct a survey to see how much other notaries charge. Don't under value your services by setting cheaper rates. Think about your expenses when establishing what you will charge your customers. You may want to charge a flat fee per signature and then assign a travel fee based on the distance you have to travel. A second, but less popular, option is to charge an hourly rated based on travel and service time.

Advertising Your Business

No business will be successful without customers. So you need let your potential clients know what services you offer. Try networking with other business, and make sure you have business cards handy. You might find that a customer won't need you immediately, but they will remember to call you the next time they need notary services.

Get in touch with your local chamber of commerce and the Better Business Bureau. Find out what business startup resources are available to you to help you build your clientele.

Advertising is helpful. If you can afford it, try buying ad space with your local online newspaper or classified service. It's also a good idea to have a well-ranked website so that people who search for notary services online find your business and contact information.

For more details id badge holders about and retractable badge, please visit us online.

Article Source: http://EzineArticles.com/?expert=Adam_M._Anderson

Free CLE for a tough economy.

Posted by Concord North Carolina Lawyer

February 4, 2010 by lawmrh

According to the American Bar Association (ABA), 46 jurisdictions require practicing lawyers in their jurisdictions to complete mandatory Continuing Legal Education (CLE). See ABA-CLE | Summary of State MCLE Requirements.

State requirements vary. But one thing is certain, lawyers in those 46 states must be mindful of satisfying their jurisdiction’s CLE requirements, that is, if they want to keep practicing law there.

It was once naively thought that the advent of online, web-based CLE would lower CLE costs to lawyers. After all, once initial program setup costs are recovered, each incremental set of online eyeballs costs next to nothing. What a laugh! Why price something reasonably when you can overcharge and get away with it?
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So what’s a thrifty and prudent lawyer to do, especially in this economy? Well, like Smokey Robinson once sang, “My mama told me, you’d better shop around.” And when you’re shopping around, nothing beats “FREE.”
Free CLE.

With the disclaimer that free doesn’t last forever, the last time I looked, the following were still available online. Best of all, there’s no qualifier, e.g., coupon cutting or required membership.

The ABA has the widest range of free or open access offerings. The complete list of open access CLE at the ABA is at http://www.abanet.org/cle/clenow/ but the following are illustrative.

Preventing Disciplinary Complaints: Advice from a Prosecutor and a Defense Lawyer

Fair Housing Laws and Seniors with Disabilities

Race and Gender Bias in Judicial Election and Selection

Legal Aftercare for the Domestic Violence Survivor

Contingent Fees: Access to the Court or Threat to Capitalism?

Another source is at IP Colloquium taught by UCLA Law Professor Doug Lichtman at http://www.ipcolloquium.com/current.html. See the following link, Intellectual Property Colloquium – Current Show.

Past programs at IP Colloquium include Intellectual Property Colloquium – Patent Reform: Damages and Can Content Survive Online? « Intellectual Property Colloquium

Although several years old, other free CLE programs, which were originally offered for Oregon and Washington, can be found at Free CLE.

Yet another source of gratis online CLE are professional liability insurance carriers. Some companies offer free CLE to their insured. Still others provide free CLE as inducements to prospective customers. For example, find 1.5 hours of ethics credit at Lawyers’ Mutual Insurance Company.
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CLE benefits.

Varied and diverse CLE programs present lawyers with the opportunity to expose themselves to other practice areas. So even if a lawyer is not an intellectual property lawyer, the IP Colloquium lectures may be of interest outside their customary practice area. Or if you aren’t an elder law attorney, you may still welcome the chance to study this practice area, too, through programs available, for example, through The National Center on Elder Abuse, (NCEA). The NCEA has a webcast library available at http://www.ncea.aoa.gov/ncearoot/main_site/library/events_webcast/events_archive.aspx. Please note, though, that approval may be needed from your state bar to receive credit since the NCEA’s programs aren’t necessarily intended as continuing legal education. See additional Caveats below.

Not quite free.

While not quite free, nominally priced providers are readily found. Lower cost online providers seriously undercut the overpriced merchant. This includes not surprisingly, many state bar CLE departments along with the usual big name online suspects. So there’s absolutely no reason to pay $150 to $200 per hour for online CLE.

I don’t endorse any provider over another. Moreover, the following list is hardly exhaustive. With this said, a few of the discount providers are listed below:

www.cleonline.com

Online Continuing Legal Education for Attorneys – CLE | MCLE or http://www.attorneycredits.com/

lawline.com »

Caveats.
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Always inquire, preferably beforehand, if a listed course is approved in your jurisdiction. If not, you’ll need to access the permission approval form available from your respective state bar. Nevada’s form is available at Nevada Board of Continuing Legal Education while information on Arizona’s requirements are at http://www.myazbar.org/CLE/cle_providers.cfm

Section and alumni deals.

Last, check CLE offerings through bar sections and law school alumni groups. Many of them offer programs that are either free or nominally priced. Examples include the following,
Legal Aid Center of Southern Nevada – Free CLE for Attorneys
Cornell Law School: Event Details
CLE Programs: Salmon P. Chase College of Law
James E. Rogers College of Law: Alumni and Giving

One last add on price and quality.

We’ve all attended dull, superficial and poorly-organized programs where presenters and their Powerpoint slides stuff 20 lbs. of information into 5 lb. sacks. Worse still are the half day seminars at $300 a pop with little or nothing of substantive value except for the “Certificate of Attendance” given out at the end.

Inexplicably, you get what you pay for doesn’t necessarily apply to CLE, especially the online programs. Price, then, is no determinant of quality. More often than not, you won’t get what you paid for.

12 Ways To Drive More Traffic To Your Web Site

Posted by Concord NC Lawyer

By Kristina Mills

Just because you now have a Web site doesn't mean people other than your current customers will visit it. Getting hits isn't that different than attracting customers to a business location. If your shop is tucked away in an alley without a sign and you don't advertise, there's a good chance that the only new customers you get will stumble across it by mistake.

Having said that, getting traffic to your Web site is possible and it needn't be that expensive, either.
1. Search Engine Optimization

By learning more about what Search Engines look for when indexing sites, it's possible to adjust your site to suit their requirements. There are a number of factors to consider. Here are just a few:

Linking strategies - The more links that point to your site, the more instant traffic you will generate, but also, the more favourably search engines will rank your site.

Keyword density and relevance - The number of relevant keywords which feature in your body copy and the more frequently they appear in relation to the number of words on your page, the better your site will rank.

Site design - Search engines love certain site designs and dislike others. By knowing which ones are looked upon favourably you can then ensure your site design complies. For instance, framed sites are generally frowned upon.

Keywords and other metatags - In the HTML code behind your site there's the opportunity to include keywords. These are a list of phrases that your visitors are likely to type into a search engine to find your type of business. The more relevant the keyword, the more hits you're likely to get.

Knowing what people type into search engines when they're surfing the Internet can give you an ace up your sleeve when it comes to adding keywords to your site. Naturally, adding popular keywords gives you a much better chance of getting hits. You can subscribe to a free report listing the top 500 keywords on a monthly basis through the Word Tracker Web site.
2. Submitting your site's URL to different search engines

Even though we mentioned that keywords are powerful they're useless if you haven't submitted your site to search engines. To have your site appear when people type in a keyword it's critical that a particular search engine knows about your site. To do that, you can either submit your site manually by visiting each and every search engine on the Web, you can enlist the services of someone to do it for you.

Whatever you do, don't feel tempted to utilize the services of someone who automatically submits your site to hundreds or even thousands of search engines. This is considered to be spam and could lead to your site being blacklisted.

Another point to consider is paying for search engine indexing. Most of the major search engines now offer paid indexing where, for a small fee, you can ensure your site gets indexed quickly and/or you can guarantee a high placement. With the major search engines, this is well worth the money.
3. Using Newsgroups

Newsgroups are an effective way of building an email list if you use net etiquette wisely. Basically, newsgroups are forums bringing together people who are interested in a certain topic. They post and reply to messages online. There are tens of thousands of newsgroups split into a broad range of categories ... anything from MP3 and X rated topics to a variety of business related subjects. You can build a mailing list by posting very soft sell messages on a newsgroup mentioning some information that you have that may interest viewers and then point them to your email address or your URL. An effective way would be to offer subscription to a newsletter or a report.
4. Purchasing banner advertising

Some say banner advertising works and some say it doesn't, however as a lead generation tool it's (more often than not) much more cost effective than print media (depending on how net-friendly your type of business is and the effectiveness of your banner).

There are a selection of "pay per click" advertising opportunities where you only pay for the number of click throughs your ad experiences. This is a great way of testing various approaches in a very affordable way, not to mention that it's a fantastic way of maximizing your ROI (return-on-investment).
5. Participating in banner exchange programs

A number of Web sites offer free banner exchange programs where you include banners on your site in exchange for your banner featuring on someone else's site. Generally, for each two hits a banner on your site generates, you are entitled to one banner hit on someone else's site.

This can be a very effective tool to generate business, but bear in mind that many of the banners in these programs relate to gambling, money making opportunities and adult sites. It's important to do a little homework first to ensure that the banners you'll be placing on your site are appropriate.

Be aware that some search engines frown upon these programs, so becoming involved could see your site drop in rankings.
6. Advertising in E-Zines

If your inbox is anything like mine, you'll know that there are oodles and oodles of e-zines out there and many of them offer the opportunity to pay for advertising space within the publication.

At www.newslettersforfree.com you can instantly subscribe to hundreds of E-Zines and in turn you can also have your E-Zine featured in their directory for a monthly fee.
7. Listing your site in online directories

A number of sites will grant free listings in their business directories. Just search on 'free business directory listings' or contact us and we can arrange this for you.
8. Email marketing

Not only can a Web site be a powerful sales tool, but it's also a great way of building greater client loyalty. To do that, you can include member only areas which offer value-added information and other membership privileges. You can host a discussion forum where members can exchange ideas.
9. Email marketing to purchased "opt-in" lists

You can hire lists of people who have indicated they would like to receive information on certain topics. Even though you'll be mailing to a cold list, it's not SPAM because these people have indicated that they would like to receive email on certain topics.

On the other hand, if you send unsolicited email you're deemed as 'sending spam' and there are all sorts of possible ramifications including your ISP closing your account, net heads jamming up your email with thousands (even tens of thousands) of abuse messages rendering your email account virtually useless until you've cleared the barrage of messages.
10. Advertise in offline media

It's important to use traditional media (such as newspapers and magazines) to promote your site. Naturally, the extent to which you'll do this will depend on your budget, however with print media, the good news is that your ad doesn't need to be exceptionally large because all you're trying to sell in your advertising are visits to your Web site.
11. Create affiliate programs

This is an online version of a referral program where you pay other businesses money when a sale is made via a link they have from their site to yours. The good news is that it needn't be that complicated to set one up. It's simply a matter of developing a system to track where all your sales are made from and then developing a system to pay the affiliate fees to your affiliates. One such system that is perfect for marketing ebooks, as an example, is ClickBank.
12. Advertising at free classified sites

There are sites available that will automatically post a FREE introductory ad to hundreds of classifieds sites. For more internet marketing tips visit the Words that Sell Web site.
About the Author

Kristina is a successful and internationally acclaimed Copywriter, Internet Entrepreneur, Author and Speaker. Kristina has also pioneered many business success stories.

How to Start a Solo Law Practice

Posted by Charlotte Attorney
Written by Claytonwire

The Bar examination is the exam all practicing lawyers must take before they are eligible to practice law in a particular county or state. However completing the bar exam on its own is not enough to guarantee employment, and in the current economic climate it’s more difficult than usual to secure a job. One of the best ways around the current job shortage however, as many people are finding, is to go it alone and set up your own business. In law this might mean starting your own solo practice, and there are many benefits to doing so; so much so that even if you are currently a practicing attorney or otherwise employed, you may still be tempted by the idea of flying solo.

For a little bit of money up front, starting a solo practice can give you the satisfaction of working closer to the case, choosing your working environment and taking more profit as a result. It can also give you the flexibility to hone in on a niche area, gain business experience and choose your cases.

Fortunately if you have the determination to go for it then it’s actual not that hard or expensive even to set up your practice. First of all you will need to register with the government that you are going self employed and that will involve setting up tax. You will most likely want to register yourself as a sole trader, but should the need arise you can develop later into a limited company. The equipment you’ll need is fairly basic and setting up your home office won’t need to cost that much. First of all you need a computer and a printer, and most people already have both. Laptops are advisable as they’re far more practical and means you can have all your documents on you at any time and can have a ‘paperless law office’. Make sure that you have the necessary software for managing contacts such as Outlook and for managing your money such as GnuCash. Likewise ensure that your printer has scanning and faxing capabilities.

If you currently don’t have much experience as an attorney then it can pay to shadow a company that do something similar to what you want to do for a month or so. You won’t get paid for this but if you volunteer your services for free for a month a lot of places will be eager to have you. In return ask to be sent to their meetings and involved in their privy discussions.

Now that you have the experience and the tools you just need the clients. Often the easiest way to find clients to begin with is through friends and family going through divorces or dealing with traffic tickets. Ask them to spread the word and recommend you and hopefully you’ll start a domino effect. To make this process easier you’ll also need business cards so people can pass them onto their friends; friends can actually be some of the best marketers and best of all they’re free! Similarly by taking on pro bono cases (with out a fee) you can build a reputation for yourself and again get more good referrals (don’t take on more than you can afford however).

Today social networking sites like Facebook can also be a great way to communicate your service to a lot of people, and setting up your own professional looking website is also a must. Adverts on local radio and in local magazines are also intelligent ways to market and soon you’ll find that the work comes pouring in with no work on your part.

How to minimize Cancellations

Taken from ehow

Posted by Charlotte Attorney

1.
Step 1

Create a policy. Establishing a cancellation policy and making it known to patients will lead to fewer cancellations. Making patients aware of the policy, especially new patients, is an important part in minimizing cancellations, according to Dental-tribune.com. Appointments should include the complete date, the starting time, and the length of the appointment.
2.
Step 2

Schedule a realistic and feasible number of appointments. Overbooking results from cancellations and patients who do not show up. Although a patient may need several follow-up procedures and appointments, don't book them all at the same time.
3.
Step 3

Confirm appointments at least 48 hours before the scheduled time. Confirmation calls are necessary to minimize the number of cancellations. Speaking directly to a patient is best so that messages are not missed. Alternate ways of reaching the patient are also a good way to minimize cancellations. Emails, texts, and reminder appointment postcards can also be sent to ensure that the patient has not forgotten the appointment date and time.
4.
Step 4

Incorporate a scheduling system that is computerized. A computerized system can help fill cancellations quickly, as well as help keep track of the entire schedule. Computer scheduling programs can include lists of patients that can come in sooner, and can find patients to fill gaps in the schedule. These programs also allow printing of the schedule for each room.
5.
Step 5

Fill in cancellations quickly. If a patient cancels in advance, the spot should be filled quickly so it is not forgotten about. Computer systems help with completing this. Calls should be made to patients that can possibly make the cancellation time.


Read more: How to Minimize Cancellations in the Dental Office | eHow.com http://www.ehow.com/how_5514303_minimize-cancellations-dental-office.html#ixzz0rUxJOcUc

Quick Ways To Boost Profits

Posted by

Written byBusiness Town

Quick Ways To Boost Profits!
"Too often in business we get trapped into equating sales with profits. Yet there are many other ways you can dramatically impact your profitability!"
Underpricing Kills Profits!
Many small businesses have thinner profit margins than larger firms do because they tend to underprice their products or services. So why not just raise prices? I know the feeling--you're scared that your competition might swoop in like a bird of prey and your customer base might shrivel overnight!

For years we credited much of the success of our best-selling resume book, Resumes That Knock 'em Dead, to its relatively low $7.95 price. But my sales manager insisted we could charge more, so when we brought out a new edition, I nervously increased the price by 25 percent to $9.95. What happened to sales? Unit sales surged over 20 percent. Total revenue soared 50 percent, and profits skyrocketed!

Still unsure about raising prices? Remember, you can always cut them back. A Chinese restaurant I eat at has rolled the price of its lunch buffet back and forth like a Ping-Pong ball, between $5.95 and $6.25, four times over the last two years.

Is The Marketing Working?
You've probably heard the familiar maxim: "Twenty percent of my advertising brings in 80 percent of my business, but I don't know which 20 percent!" Well, I bet that in your business there is at least one marketing expense that you have a strong suspicion isn't carrying its weight--so cut it and see what happens!

One year I tried cutting three-quarters of the promotional budget for my leading book. What happened? The sales continued to creep upward, and the profit margin of the entire company jumped markedly higher.

It's often by eliminating the marketing expenses previously considered most sacred that you gain the most. For example, in the book industry many of the leading publishers have recently stopped participating in the annual national trade show--it simply was costing them too much money for too little return.

The Easiest Way To Profits
Let's say your overall profit margin is 5 percent--not an uncommon level for many smaller firms. But if you can cut your costs by just 5 percent, your profit will double. On the other hand, to get the same increase by boosting sales, you would have to increase sales by 100 percent. Chances are that cutting costs just a little bit would be a lot easier.

To attack your costs take a look at every single expense item starting with the biggest items! Get competitive bids for every product and every service that you buy!

Remember, despite what they may teach you at business school, there is no such thing as fixed costs! Often lease rates, mortgage rates, and utility rates can be negotiated downward, especially if the market has shifted.

Review Your Product Mix!
A seasoned banker once told me about a firm with several highly profitable divisions and one marginally profitable division. The company sold the marginally profitable division, and suddenly the performance of the remaining divisions dramatically improved!

I've tried this! It works! When the economy around Boston hit rock bottom in the late 1980s, I closed my job-advertising newspaper-which was 50 percent of our revenue the previous year. By being able to put all of my energy into the other part of my business-book publishing-it took off, and revenue doubled, more than making up for the newspaper closing.

Even a marginal business or product line that isn't losing money is draining resources-time and focus. Close it and move on!

Outsource Judiciously
One of the battle cries in business today is to determine the one thing that your business does best, become even better at it, and outsource absolutely everything else. There is certainly a lot to be said for taking a careful look at every function in your business and asking yourself if you should outsource it. But take a hard look at the numbers before you decide to jump on the outsource bandwagon!

For example, we hoped that by outsourcing the warehousing of our books to our printer in the Midwest we could save lots of money in freight costs. But a careful analysis showed that we would save almost nothing in freight costs and that outsourcing would have nearly doubled our warehouse and handling costs.

* Source Streetwise Business Tips

Value your services

written by

All other professionals doctors, architects, engineers, accountants, ect all charge for consultations. So why should you give your time away for free?

I know you generate more leads when you offer free consults but are those leads genuine? Are these people going to hire you?

Today many people feel as though legal services should free. When they are willing to pay for amenities such as hair, skin, nails, surgeries, the movies. Why then do people have a warped view that you as a legal professional do not deserve to be compensated?

In a consultation you are generally evaluating some one's unique situation and providing them with some level advice. Like a doctor you are diagnosing that particular client's problem or needs. So why is that not compensable?

I am by no means saying that you shouldn't do pro bono work. But you can not base your entire practice on pro bono work! You are not legal aid and you have overhead and bills to pay (including those student loans you took out to get to this point).

Don't sell yourself short! Your services are valuable and must be earned fair and square~!

Hiring and Keeping Staff

Posted by
Having a terrible assistant can cost you a world of headache.

Not having one can cause you to miss out on revenue in clients that you otherwise wouldn't be able to reach.

Employees can not live with them! Can not live without them!

Here are somethings you should ask on an interview:

1. Issues and concerns they have had with past employers and how they have dealt with such issues.
2. Their learning style because this dictates as to how you can train them and how they will adapt to the work area.
3. Do they have options as far as: Child Car, Transportation. This will dictate whether they can make it to work on time, have to leave early frequently, or come to work at all.
4. Ask an off the wall critical thinking question to test their problem solving skills.

Here are some things I have learned as a fairly new employer for new hires:

1. Definitely have an employee handbook with procedures and policies for attendance, pay, employee's actions, etc. This way if something happens your actions in reprimanding this employee are not a shock the employee. It is also provides consistency.  
2. Setup your payroll through a reputable company. The last thing you want is for your employees to be paid late.
3. Develop a training manual. Believe it or not employment is voluntary on both sides. So if an employee quits and someone needs to be rehired/retrained you want something in place that will help the new hire with their position.
4. Be patient! A new hire has to learn to do things according to the way you want them to, even if they have experience.
5. Provide employee with periodic reviews of their work.
6. Make sure your door is open so that your employee can voice to your their concerns and issues. This helps to facilitate a less hostile work place.

Finally, you can find a great pool of candidates from the community college or university career posting website. Other classified ad sites maybe helpful if you what a very large pool of applicants.

Benefits of a List serv

Posted by

A listserv is unlike an Internet forum where users pull only the specific information they request. A listserv passively provides a variety of information into a user's inbox. Users can respond to the listserv with their own questions or solutions, and they learn new things they may not have known to search for or request information on. All users have to do is check their e-mail inboxes in order to receive information from a listserv.

List servs such as posselist have had great success. I have even begun my own local list serv and have received many benefits from this.

Official Google Blog: This week in search 5/7/10

Official Google Blog: This week in search 5/7/10

Referrals

Referral Etiquette

As an Attorney were often farming out referring clients that
come to other Attorneys. This is done based on the area of law or expertise the
potential client is seeking or simply because the client is outside our
geographical area.

This is a great and free way to get referrals. That
being said here are some ground rules I feel should be laid down when referring
clients to another attorney.

1.     
If at all possible make sure the attorney that you are
referring the client to is going to be able to receive the referral and assist
the client.

2.     
Try and establish a working relationship with the other
Attorney where you can refer clients to each other.

3.     
Provide the client with the other Attorney’s
telephone number, Fax, and email address if at all possible. Most ethics
rule forbid the other Attorney from contacting the client directly first.

4.     
DO NOT PROMISE THE CLIENT A SPECIFIC RATE OR ADVISE.
REMEMBER YOU ARE NOT HANDLING THE CASE SO YOU SHOULD NOT GIVING OUT ANY FURTHER
INFORMATION THAN THE OTHER ATTORNEY’S INFORMATION.

5.     
DO not bully the other Attorney into “hooking up”
or discounting the rate. Often times Attorneys refer their family members and
friends and expect the other Attorney to slash their prices. Remember like you
they have overhead and a life style to maintain, so please do not take bread
out of their mouths.

Remember the larger your network
the more powerful your network will be!

 

Your 3 worst debt consolidation moves

The Basics

Your 3 worst debt consolidation moves

If you're up to your eyeballs, the fantasy of debt consolidation can suck you right in. Watch out for the slippery side of consolidation loans, balance transfers and other 'easy fixes.' POSTED BY: The phrase "debt consolidation" has always had a magical ring to me. As if somehow, someone would have the power to mush my debt into one neat little package, which by some incredible financial alchemy would also then shrink the debt itself -- and I'd only owe a hundred bucks or so. I know I'm not the only idiot who's had this fantasy, because an entire industry has sprung up to support it: The Debt Consolidation Industry and Covert Sting Operation. Every day, I get at least one piece of regular mail offering me low-interest balance-transfer deals for credit-card debt, or arm-twisting e-mail from unknown credit organizations that scream things like: "DEBT RELIEF IS JUST A CLICK AWAY!" "CUT YOUR MINIMUM MONTHLY PAYMENTS BY 50% OR MORE!" "SLASH YOUR INTEREST RATES DOWN TO ZERO!" These promises are incredibly alluring to anyone who is caught in the quicksand of having too much consumer debt, and who will believe anything, do anything -- click her ruby slippers (bought on sale for just $400!) three times -- to make it go away. But before you start skipping down some financial yellow brick road to see the Wizard of Debt Consolidation, remember this: Watch out for those flying monkeys. Three bad debt-consolidation moves: 1) The Hard-Money Loan "The biggest myth about debt-consolidation loans is that they're easy to get," says Scott Kays, president of Kays Financial Advisory Corp. and author of "Achieving Your Financial Potential." If you really need a loan, it's probably because you've already missed a few payments and your credit history has more dings in it than a '74 Ford Pinto. And that's the problem. Kays says that if you are a credit risk, the consolidator may entice you with promises of an easy-does-it loan, and end up charging you higher interest rates than you're paying now -- as high as 21% or 22%. "Your monthly payment may be lower" with one of these loans, "but you'll end up paying more," says Kays. 2) Debt Consolidators Who Promise to Take Care of Everything This is the fairy godmother fantasy. This Nice Big Debt Consolidation company comes along and swears they'll make your life soooo much easier. They'll negotiate lower interest rates, reduce your monthly payments -- and all you have to do is make "one EZ payment." In reality, many debt consolidators build in a fee as part of the monthly payment you make to them. It's usually about 10% of the payment (i.e. about $40 on a $400 monthly payment). They pass along your payments to the creditor -- some debit directly from your checking account -- and get back a 10% to 15% slice that the relieved creditor is only too happy to rebate to the consolidator. Is it worth paying someone else to do what you can do on your own, i.e. negotiate lower interest rates and stretch out your repayment schedule and pay off the highest-interest debts first? To desperate ears, this might sound like an ideal solution, especially when you talk to these people and they scare the bejeezus out of you. I interviewed two, Cambridge Credit and Counseling Services and Integrated Credit Solutions. Each offered similar services, and I don't recommend either of them. The senior credit counselor I spoke to at Integrated told me, in grave tones, that it would take me 379 months -- or 32 years -- to pay off my debt. With their services, however, they would "save me 27 years," and I could pay off my debt in just 53 months, or about 4 1/2 years. Thats funny, because when I plugged my debt into the MSN Money Debt Consolidator -- a less biased source, since they ain't getting no fee from me -- they said I could pay off my debt in 41 months, providing I make slightly higher minimum payments to each card: a total of just $60 extra per card. Here's another risk with consolidators you should know about: they have been known, in some cases, to make late payments or even miss payments, thus worsening your plight (and your credit record). After I got off the phone with Integrated, I had to ask myself: Is it worth paying someone else to do what you can do on your own? That is, negotiate lower interest rates and stretch out your repayment schedule and pay off the highest-interest debts first? I don't think so. 3) The Balance Transfer Trap Low-interest balance-transfer cards are a dime a dozen these days, but remember that those rates only last a few months -- and then you have to switch cards again. The danger is that at some point all this activity begins to show up on your credit report, and you start to look like a bad risk. Then if you get turned down, "you could be left holding the high-interest card you were hoping to dump," says Kays. If you think you can swing from the balance-transfer vines for a few months, just make sure you formally close all your accounts yourself, and then notify the credit-card company to mark the account "closed at customer's request." "Otherwise, on your credit report, it will look like the creditor closed your account," says David Mooney, PR director of Equifax, one of the biggest credit reporting agencies. Thus making you look like an even worse risk, even when you're doing your best not to be. Your best debt-consolidation moves If you own a home and have some equity in it, you have a couple of options that are relatively low in cost. These are pretty straightforward: Take out a home equity loan. A home equity loan has the advantage of carrying a fairly low interest rate, currently in the high single digits, and what interest you do pay is tax-deductible, Kays points out. Most fixed-rate loans carry a 15-year term and require that borrowers pay an origination fee of $75 to several hundred dollars, plus the cost of an appraisal and title insurance. Do a "cash-out" refinancing. Another option for those with home equity is refinancing your property for greater than the amount you owe and using the extra cash to pay off debt. You get very low interest rates this way, but you're stretching payments out over 15 or 30 years. The total interest cost over three decades can wind up being pretty huge, so think of this as a one-time-only (if ever) option. Refinance your car. "Most people don't think of it, but it is a secured loan and you can borrow against it," Kays says. The danger there is that you may run out of car before you run out of debt. It's tough to buy a new car when you owe more than it's worth. Get a personal loan. If you have reasonably undamaged credit, you may qualify for an unsecured loan. Credit unions (see link to the left) typically offer lower rates than banks, but even there you can expect a rate of 11% or more. Still, that may be a whole lot less than the 20%-plus you're now paying to the credit-card company. Negotiate better terms. You can do this for yourself easily. Just call your credit-card company and ask them to do it (many customer service people are authorized to reduce rates right there on the phone). Another alternative. Or you can get help from an organization like National Foundation for Credit Counseling (see link to left). NFCC has branches throughout the country; they are a non-profit, community organization that provides free and confidential debt management advice to anyone who needs it. You can even consult with them over the phone, like I did (see below). Like other debt consolidators, NFCC gets paid by creditors, so it's in their best interest to work out a repayment plan rather than advise you to declare bankruptcy. Not that you want to be advised to declare bankruptcy, but in certain cases it may be your best option. NFCC makes no outlandish promises beyond the prospect of a saner financial life, and the possibility of qualifying for their low-rate mortgage program. They also offer low-cost financial planning -- a resource I'm definitely going to look into for a future column. Once I have some finances again, I will need someone to tell me what to do with them! So whatever happened to Since writing about my struggles with debt, Ive become religious about paying as much money as I could every month. (Thing was: I still carried my credit cards in my wallet. So my new get-out-of-debt tip would be: Take the cards out of the wallet. Otherwise, you will use them.) Then those big payments started to have an impact. But I was on a mission. I wanted my debt gone. I turned to debt calculators, talked with friends, and ultimately came up with a two-pronged plan of merciless debt destruction. Operation Enduring Freedom from Debt. First, I took on some extra freelance work that, eventually, would pay me a little bit more than my debt in four big chunks. While I was waiting and working, I decided to consolidate my debt and turned to NFCC as my resource. Here's the best part of NFCC: 1) They give you a one-hour consultation, by phone or in person, to help you decide if you need a Debt Management Plan. 2) In order to do the consultation, they make you fill out a form that details all your expenses. Get MPs free newsletter by e-mail Sign up to be notified whenever MP publishes a new article. Your e-mail address: Learn more about newsletters Writing down my daily expenses is Personal Finance 101, and I've always found it mildly useful. NFCC advisor Nina Reiss, on the other hand, walked me through an entire year of expenditures. Now THAT was eye-opening. She asked me what I paid per month for things I'd forgotten even were expenses: subscriptions, holiday gifts, underwear, new socks, groceries, birthday gifts, movies (even rentals), my yoga classes, banking fees -- you'd be amazed what you pay just to live a semi-civilized life. Ultimately, Reiss felt that I was living about $100 a month beyond my means, but that I was paying as much as I could toward the debt on my own. We did the numbers and figured that even with their interest-rate reductions, I could still pay off my debt without their help -- as long as I cut back my expenses so that I was living within my means. So in the end, dear reader, getting out debt boils down to one thing and one thing only (which you and I already knew): elbow grease, peanut butter lunches and living like a more reasonable human being.

The Green Lawyer is an innovative Lawyer!

The Green Lawyer 

We have significantly reduced our electricity use by over 30%. We did this by purchasing energy star appliances and office equipment.Being green isn't just innovative, its smart and less expensive!

The greenest paper is no paper at all, so keep things digital and dematerialized whenever possible. The more you do online, the less you need paper. Keep files on computers instead of in file cabinets. We often send confidential communications over email. This ensures a speedy delivery of the message to the client and supports our green efforts. Although we are not completely paper less, almost 90% percent of our client files are located on a secure server; hence, why we no longer have or need large file cabinets to store these files. Also, with changes to technology we are able to create and send documents via email and fax without printing them first!.

Although some paper use can not be avoided, so use recycled paper and envelopes that have been processed and colored using eco-friendly methods. Our Pens and pencils are made of recycled materials, and refillable pens and markers are preferable to disposable ones. We often use biodegradable soaps and recycled paper or cloth towels in the bathroom and kitchen, and provide biodegradable cleaners for the custodial staff. Buying in bulk so that shipping and packaging waste are reduced, and reuse the shipping boxes is yet another way we achieve this.

Further, we make it a point to Recycle printer cartridges and purchase remanufactured ink and toner cartridges. In addition, we have donated unwanted products and furniture. These are a few in our many efforts to be more eco-friendly and go green.

Non-refundable retainers (Myth)

www.July 21, 2000
2000 Formal Ethics Opinion 5


POSTED BY


Nonrefundable Advance Fees







Opinion rules that a lawyer may not tell a client that any fee paid prior to the rendition of legal services is "nonrefundable" although, by agreement with the client, a lawyer may collect a flat fee for legal services to be rendered in the future and treat the fee as earned immediately upon receipt subject to certain conditions.







Inquiry:







The North Carolina State Bar frequently receives complaints from clients who have entered into fee agreements that require lump sum payments in advance of the provision of legal services. Such fees are frequently described as "nonrefundable" in the fee agreement. Typically, the lawyer collects the fee from the client for legal work that is to be done in the future and deposits the money in the firm's operating account instead of the trust account. The fee may be paid for a certain number of hours of the lawyer's services or it may be a flat fee for a particular legal service such as obtaining a divorce. The State Bar usually receives a complaint when the client-lawyer relationship is terminated prematurely, before the legal services are rendered in full, and the lawyer declines to refund any of the advance payment to the client.







Although 97 Formal Ethics Opinion 4 clarifies some of the issues relating to advance or "prepaid" fees, this opinion provides additional guidance to lawyers who desire to collect a flat fee for services at the beginning of a representation.







Opinion:







A lawyer may charge and collect a fee prior to providing legal representation to a client. However, the Revised Rules of Professional Conduct require that the lawyer do three things with regard to every fee: (1) refrain from entering into an agreement for, charging, or collecting a fee that is clearly excessive; (2) deal honestly with the client; and (3) put all client funds in a trust account. See Rule 1.5(a), Rule 8.4(c), and Rule 1.15-1.







Given these ethical considerations, a lawyer may treat an advance payment of a fee as the lawyer's money, and deposit the money in the lawyer's own account or the lawyer's firm account, only if the client agrees that payment may be treated as earned by the lawyer when it is paid. See RPC 158. 97 Formal Ethics Opinion 4 states that there are only two types of fees paid at the beginning of the representation that may be deposited directly into the lawyer's or the firm's operating account: a "true" general retainer1 and a flat fee. A flat fee is a fee paid for specified legal services to be completed for the designated amount of money regardless of the amount of time required of the lawyer to complete the services. See 97 Formal Ethics Opinion 4.







Although a flat fee may be deposited into an operating account at the beginning of the representation, when the client-lawyer relationship ends, if the fee is clearly excessive in light of the services actually rendered, the portion of the fee that makes the total payment clearly excessive must be returned to the client. As stated in 97 Formal Ethics Opinion 4, "[w]hether a fee is described to a client as 'nonrefundable' or no mention is made as to whether the fee is refundable, if a particular collected fee is clearly excessive under the circumstances, the portion of the fee that is excessive must be refunded."







The duty to refund any portion of a fee that is clearly excessive exists regardless of the type of fee that was paid. This means that there is always a possibility that a lawyer will have to refund some or all of any type of advance fee, if the client-lawyer relationship ends before the contemplated services are rendered. At the conclusion of the representation, the lawyer must review the entire representation and determine whether, in light of the circumstances, a refund is necessary to avoid a clearly excessive fee. See Rule 1.5(b).







The possibility that a refund to the client will be required means that no fee is truly "nonrefundable." To call such a payment a "nonrefundable fee" is false and misleading in violation of Rule 7.1. Moreover, the designation of the fee as "nonrefundable" in the fee agreement has a chilling effect on the client's right to terminate the representation at anytime. A lawyer may refer to such a fee as a "prepaid flat fee." The lawyer may also reach an agreement with the client that some or all of the fee may be forfeited under certain conditions but only if the amount so forfeited is not clearly excessive in light of the circumstances and all such conditions are reasonable and fair to the client. See, e.g., Rule 1.8(a).







Since it is difficult for clients to understand when a prepaid flat fee is earned upon receipt, and proof of such understanding may be required in subsequent proceedings, it is recommended that the lawyer obtain the client's consent in a written fee agreement. See, e.g., Rule 1.5(c) and Rule 1.8(a).







Endnotes:







1. An advance payment for legal services must be distinguished from a true "nonrefundable retainer." As explained in RPC 50, a nonrefundable retainer is "consideration for the exclusive use of the lawyer's services in regard to a particular matter…." It is later explained in the opinion that







[r]etainers and advance payments should be carefully distinguished. In its truest sense, a retainer is money to which an attorney is immediately entitled and should not be placed in the attorney's trust account. A 'retainer' which is actually a deposit by the client of an advance payment of a fee to be billed on an hourly basis is not a payment to which the attorney is immediately entitled. It is really a security deposit and should be placed in the trust account. As the attorney earns the fee, the funds should be withdrawn from the account.