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Friday, January 23, 2009

ANOTHER NOTE ON DIFFICULT CLIENTS

 POSTED BY
DEAR BAR REPRESENTATIVE,

I have a client who continues to harass me even after I have fully completed their case and is threatening to report a frivolous claim to the bar. Is there a preventative measure I can take as far as write a letter on my behalf and explaining the circumstances? In addition, I have written several letters to the client explaining that I no longer represent them because they case is closed and no further action is necessary. Is it ethical to write a client a cease and desist letter to end harassment?

RESPONSE

DEAR ATTORNEY,

There is nothing really for you to do until a claim is filed.

You can inform the client only to contact you in writing by mail. You may block emails and not take phone calls.

Sunday, January 18, 2009

Laws, Resolutions and Policies Instituted Across the U.S. Limiting

Laws, Resolutions and Policies Instituted Across the U.S. Limiting
Enforcement of Immigration Laws by State and Local Authorities

http://www.nilc.org/immlawpolicy/LocalLaw/locallaw-limiting-tbl-2008-12-03.pdf

A note on how to deal with difficult clients

 Contributed by:

1. In the initial consultation set down the rules with the client, on expectations, and ground rules.

2. Make sure your client agreement outlines how payment will be accepted and your right to withdraw if you haven't received payment, if the client does an action to hinder and delay their case, if client harasses you, ect.

3. Let the client know your boundaries, i.e. office is open mon-fri from 9 am - 5pm. This kind of gives them an idea that they will most likely not reach you on a sunday.

4. Be careful what clients you give email access to. Most of my clients have been great with it, but some clients may abuse this access and email you constantly and that becomes a hindrance.

5. Document all communications with client, including, letters, phone calls. Be careful the information you place in them because a nasty client may use this information in a complaint down the line.

6. If you are noticing a problem with a client do not ignore it. Consult with your bar handbook and find out what are your remedies. Also look at your client agreement. If the action is covered in your agreement, you may have a valid point to withdraw.

7. Always get at least 50% up front before commencing services. This will avoid delays in gathering or preparing for the client's case.

8. In addition, consult with your colleagues on rates and on how to deal with such clients.

9. Stand your ground and be firm. If you let your client's irrational behavior slide, in the end you will be suffering the most.

10. In the end if its too much to deal with, plainly withdraw by giving your client, the court if necessary notice.

Sunday, December 28, 2008

Law Firm Marketing - Increasing Your Revenue By Grading Clients

Law firm marketing is comprised of many different elements. The analysis of your firm in law practice management can be complex, however, lets begin with a key success variable - your current client base. Managing your client base is the most important aspect of your law firm marketing efforts. I suggest you begin with grading your clients.

The ABCD Solution

In looking at your client base for law firm marketing purposes, you can use a time-tested method of analysis. This is the key concept of "ABCD clients". Service professionals of many types use this method to accurately rate and organize their client base. And for effective marketing for law firms, this method is priceless. By the way it is not just about marketing. It is also about serving your clients better than ever.

As you certainly know in schools we use the letter grading system to rank the students in order of how well they perform on papers, tests, quizzes, etc. Similarly we will "grade" our clients. So think of your client grading system for law firm marketing as summing up all the aspects of a good client.

A client who gets an "A" would be one who has reasonable expectations, follows your instructions, is grateful for the work you do as well as courteous and professional in their demeanor with both you and in particular your staff. In fact if you are ever wondering if someone is an "A" client or a "D" client just ask your staff. The "A" client sends you referrals that turn into "A" clients as well. The "A" client is never concerned with the fees you charge since they know your services are worth the cost. They pay their bills on time all the time. And finally, their cases are interesting and substantial matters. Now isn't this the kind of client you are aiming for in your law firm marketing in the first place? Additionally, have you ever heard the old saying "birds of a feather flock together"? This means your "A" clients know a lot of other "A" clients who they can refer to you if you play your cards right.

Of course a client with a "B" grade would have many of the same qualities of the "A" client, but not all. A client with a "C" grade would be closer to a "D" client. A client with a "D" grade is the complete opposite of all the characteristics of an "A" client. They don't have reasonable expectations, they pay their bills late (some not at all), try to negotiate lower fees or retainers, don't follow your instructions (may even think they know better than you do), are rude or unprofessional, they do not send referrals (or if they do they are also "C or D" clients), their matters are not substantial and interesting, and they often complain about normal fees. Not a pretty picture these "D" clients. Let your competitors have them!

In targeting your law firm marketing, "C & D" clients are not the kind of client you want to attract. Most firms find that "C & D" clients take up between sixty to eighty percent of their time and efforts, while only bringing in twenty to forty percent of the firm's revenue. Does it make sense to cultivate this type "C & D" business? Of course not. You need to stop taking "C & D" business and "fire" (ethically of course) any "C & D" business that you can. Even if you only begin with the "Ds" it is a beginning. Quite liberating as well my clients report to fire these folks.

Effective marketing for law firms includes a realistic look at what will bring the best benefit for the best clients. Ridding yourself of clients who are graded a "C or D" is one of the best things you can do for your "A & B" clients. Without spending all your time on the "C & D" problems and concerns, you can pour your attention into your "A & B" clients (moving their matters to conclusion faster thus you can do more of them). Thus the "A & B" clients will be even more satisfied, resulting in more referrals and more business from them. Clearly a "win/win" for all.

Another big, big advantage of spending less or no time on your "C & D" business is you can focus more time on developing your "A & B" referral network. Your increased marketing time and more focused law firm marketing will result in more quality "A & B" business.

What I have found working individually with over 500 attorneys is most of you will need to limit your practice areas to one, two or maybe (and I do mean maybe) three practice areas in order to drop your "C & D" cases. Too many attorneys are practicing "threshold law" that is defined as taking anything that comes across the threshold of your office. In selecting your practice areas try to incorporate cross-salable areas, such as wills and trusts, real estate, and/or estate planning for example. Select the most lucrative practice areas you have and then pour your law firm marketing efforts into those targeted practice areas while focusing on "A & B" clients and referral sources. This may be a bit frightening at first and in the long run you will be extremely glad you did.

Sunday, December 7, 2008

How to Write Bills Clients Rush to Pay

By Andrew C. Simpson
If your car mechanic handed you a bill that read “fixed car – $1,000” you’d probably question it, even if the car was running great. You might even drive off and delay paying the bill. Or wait for the mechanic to call to ask about it.
Often we forget that our clients examine our bills in the same manner. We want the mechanic to justify the $1,000: How much for parts? Why did it take so long? A paragraph of explanation goes a long way towards getting the bill paid.
Lawyers are in a more difficult situation. We expect payment regardless of results. Often we’re unable or unwilling to seek payment in advance. And ethical rules may preclude holding the file hostage. It’s important, then, that your invoice helps the client understand the true value of your work.
A lawyer’s invoice should provide a detailed accounting of services rendered. If you bill by the hour, specify the date and amount of time spent and the services provided during that time billed. Describe the services with particularity. If a motion for summary judgment takes 40 hours to draft, never submit a bill that simply lists five entry dates of “Work on motion for summary judgment – 8 hours.” Break it into smaller increments with descriptive detail for each increment. For example, Day 1 might read:
• Reviewed key evidentiary documents and deposition testimony; began drafting statement of facts section of motion for summary judgment – 3.4 hrs
• Drafted “Statement of Uncontested Facts” as required by Local Rule 56.3 – .9 hrs
• Outlined argument – .5 hrs
• Begin draft argument regarding plaintiff’s easement by implication claim – 2.4 hrs
Provide similar detail even if you flat-fee bill, though there’s no need to break it down by date and amount of time. Remember, your bill is also a marketing tool. You want the client to be so pleased to have gotten so much value for the money that he or she returns for later work, or brag to others about the amount of work you did and your reasonable fees.
Here are two more tips. 1) List the time and expenses that you normally write off as “no charge.” I practice insurance defense and many items are considered overhead by insurance companies. I list them at “no charge” on my bill. I’ve had clients call to say they’ve never before received anything free from a lawyer! 2) Email bills as PDFs. I receive some checks within a week rather than the 30 days’ wait with a paper invoice.
Your bottom line? Treat clients the way you want to be treated. Write a bill that you would want to pay, and your clients will pay promptly.
Andrew C. Simpson is a lawyer in Christiansted, U.S. Virgin Islands. Contact him at or visit www.coralbrief.com.
Copyright 2007

Sunday, November 23, 2008

Forming a business structure for your Firm

Procedure

1. Fill out form from SOS website (I have a word formatted version if you are interested email me for a copy), remember you need to put the "P" in front of the LLC as you are a professional limited liability company. Additionally you can not use names like Legal, Professionals, Services, You may use your name or Law Offices those are safe bets. Example: Law office of Attorney A, PLLC; or A Law Firm, PLLC are fine. But A Legal Professionals is not ok.

2. Send it to the bar and pay about $150 to have them approve your name, they will give you a certificate that you need to give to SOS.

3. Send the certificate and llc papers to SOS with another $125.00 for their processing fee.

This should all take two weeks.

PLLC Vs. Sole Proprietorship

1. Same tax benefits get taxed once and not twice as you would if you were a corp

2. Sole Proprietorship --you can do nothing and that is what you would be classified.

3. PLLC affords you liability protection against lawsuits and malpractice. if you are sued all they can sue is the business and not attack your personal assets. By the way your malpractice insurance premium will be lower if you are PLLC vs. sole proprietorship, in fact some insurance companies wont insure you if are not an LLC or Corporation.

4. If you form the LLC you will need to get a tax ID from irs. Very easy to IRS website put in your approved LLC name and they will mail you one, otherwise you put your personal social on w-9 forms if you are sole proprietorship.

5. You will also have to have a privilege license whether you are sole proprietorship or an LLC you will need to go the NC Dept Revenue website and fill out a form and send in the $50 fee.

6. Although lending institutions generally look at the credit of the owner, particularly when its a start-up, banks are more willing to loan to LLC and Corps than to a sole proprietorship.

Hope this makes sense. Good luck!

Benefits of retaining a sole practitioner

Benefits of retaining a sole practitioner
The law office of Barry Zalma, Inc. is a sole practice law firm. Barry Zalma is the only lawyer in the firm and has more than 40-years of experience in insurance and insurance coverage issues. The following is presented for the assistance of clients and potential clients of the benefits available to those who retain the services of sole practitioner Barry Zalma rather than a large firm.
Responsiveness and flexibility. A large law firm, like any large organization, is eventually "captured" by its own bureaucracy. Over time, it becomes inflexible and tends to operate more and more for the benefit and convenience of its bureaucracy, rather than the benefit and convenience of its customers. A sole practitioner is relatively immune from that phenomenon and, therefore, can provide service that is more responsive and better-tailored to each client's needs.
Efficiency. At a typical large firm, documents and issues often are repeatedly revised by redundant layers of junior associates, mid-level associates, senior associates, and junior partners, before getting the imprimatur of a senior partner. That is slow, inefficient, and expensive. The large firm makes money: by leveraging the billable hours of its professional staff. A sole practitioner is unable to do that.
You Are a Big Fish. In a large firm, many clients will find they are rather small fish in the firm's pond, and are treated accordingly. In a mega-firm, even a Fortune 500 company may not be a particularly big fish. A sole practitioner has no small fish in his pond. Every client is important and is treated accordingly.
Access. Solos are usually happy to have clients contact them, day or night. I give clients as many ways to contact me as I can think of: mail, e-mail, fax, Web site, office phone, and cell phone. My office phone call forwards to my cell phone which also gets e-mail. Wherever I am, in my back yard or across the world, I am available. I wan to be contacted, and often am, even when I am on vacation. I want my clients to call me. If you use a larger firm, when is the last time one of the lawyers there gave you a number where he or she could be reached at any time of day, seven days a week?
Lower cost for a like kind and quality of work. The bills presented by a sole practitioner are for work done by a single lawyer for the client. Large firms can give their staffs a lot: high salaries, bonuses, beautiful offices in "class A" space, catered food at meetings, golf outings at expensive country clubs, limo service home for anyone working late, in-house cafeterias, in-house gyms, expense accounts, etc. Well, who do you think is paying for that? An experienced and knowledgeable sole practitioner can perform legal tasks in less time than required by a law firm bureaucracy. You pay for the work of one lawyer not many.
A Sole Practitioner is more likely to be independent. Because large law firms have many clients, they will more likely have conflicts of interest. Generally, a law firm cannot handle a legal matter when it gives rise to a conflict of interest between clients of the firm that they are not wiling to waive the conflict. Depending on the size of your community, the larger the law firm, the more likely there may be conflicts of interest.
There are no cross-selling pressures from a sole practitioner. Large firms have an understandable interest in selling additional services to their clients, even if the clients fail to share that interest.
No hidden billing pressures. The dirty, not-so-little secret of life in many law firms is billing and the compulsion to meet minimum numbers of billable hours daily. Whether they call them "expectations," "guidelines," "standards," or "requirements," most firms try to get their staffs to bill at least certain minimum amounts, each and every day, week, month, or year. At many firms, the professional staff is bombarded with ceaseless exhortations to bill. Some firms even offer monthly cash bounties to lawyers who bill in excess of a required minimum, or penalize lawyers who fail to record the minimum number of hours. Too often, the result is obvious and easily predictable: lawyers and paralegals feel constant pressure to inflate their bills, so that's what they do. Sole practitioners like to make money just as much as the next guy (I sure do), but no one is pressuring us to inflate bills.
Your matters will not be used to train inexperienced lawyers. In larger firms, all but the most serious matters are delegated to junior lawyers for day-to-day handling. From the firm's perspective, this not only gives the junior lawyers something to do (and to bill for), but allows them to get experience at clients' expense. The reality is that inexperienced lawyers, no matter how bright and well-educated they are, have little or no idea how to be lawyers. They lack the maturity, judgment, seasoning, experience, and specialized knowledge that come only after years of actual practice. As a result, they spend an inordinate amount of time to produce work that a more experienced lawyer could have done better, in less time, and at lower cost to the client. Experienced sole practitioners do not need to train junior lawyers at clients' expense: they have no junior lawyers.
A more informal working relationship. You are likely to get to know everyone in your lawyer’s office if he or she is a sole practitioner. This can lead to a better one-on-one working relationship, which may make you feel more comfortable.

support the sole practitioner cause