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Wednesday, June 15, 2011

Woe's of a young solo

by Traffic Attorney

Often times when you are a young solo (less than 5 years of practice) older solos do one of two things: 1. take you in and show you the ropes or 2. intimidate and bully you.

If the older solo is on the opposing side, more than likely its #2 that you will be experiencing. This bullying effects the outcome of your case, your stress level, and sometimes your confidence. Let me give you an example.

I was recently working on a domestic case where my client was the Plaintiff and was suing her child's father for custody and support. Nearly, four months into the case the Defendant hired Attorney X who has been practicing longer than I have been alive. Attorney X then proceed to delay further court proceedings by continuing dates. In addition, Attorney X didnt provide me discovery in a timely fashion as I had done on his requests. I mistakenly trusted Attorney X to place the case on the trial calendar and then learned that the kept on the administrative calendar in order to delay further. Attorney X did untimely served his subpoenas for his witnesses only two days before trial. At the hearing the Judge awarded joint custody to the parties and provided a date for the order to be entered. Opposing counsel submitted a draft of the order and I in return submitted some changes to the order to opposing counsel nearly thirty days before the entry of the order date. Opposing counsel was at his home in Costa Rica on the entry date so I had the order entered and signed by the judge. Attorney X was furious because he said I hadn't consulted with him to make sure the order should have been entered. Attorney X had plenty of opportunity to review the revised order and did not. He saw me in court on another matter, and yelled at me in front of other attorneys and a Judge and demanded I had the order vacated. Initially i agreed, but then i stood my ground and refused. The Judge that entered the order agreed with me. The moral of the story is that your job as an Attorney is to represent your client and their interests and not to serve the interests and the ego of some old fart Attorney who is used to bullying others to get their way.

Keep on pushing Solo you are coming into your own and soon your woes will turn into positives.!


Wednesday, June 1, 2011

BEWARE OF THE CRYING CLIENT

BY Charlotte Attorney

If you have been practicing a few years, I am sure you have a few war stories and have been burned by a client or two.

Here is a scenario for you: Client A came in regarding a divorce case. Her husband had filed for custody and she wanted to sue for custody/child support of their teenage child; distribution of the marital assets; and for alimony.  In the middle of the consultation, Client A began crying and I offered her a tissue. She explained that she worked part-time and needed a reasonable retainer, which most of my retainers are. I felt sorry for client A and reduced the upfront retainer required to commence her case, although my hourly rate remained the same. Client A agreed to the arrangement and promptly signed the retainer agreement and paid the first deposit. Weeks went by Client A's retainer was used up and had a balance. Client paid partial payment on the balance and I continued to work away and this occurred another month and again client A made a small payment toward balance. Client A's case was in the pretrial stage and I had spoken to the opposing party regarding settlement. I drew up a settlement agreement and Client A stated she did not want to settle and wanted to know how much it would be to continue litigation. I pointed out to Client A that the opposing party was going to agree to pretty much what a Judge award and that she had an unpaid balance with my office. I ended up withdrawing from the case. You say why would a Client that owes you money want to incur more fees, when her current fees are unpaid? Consequences, she did not have any. I continued to work on account that was in the red for weeks. So in the client's mind, I was writing off my time. For all intense purposes I was. Clients must realize that you are professional and your time is valuable. Remind them that you will not be able to continue to represent them if their account remains unpaid. In my four, almost five years of experience the crying client is the most irrational, unreasonable, and least willing to pay for your time!


Here are some tips when Client A comes in the door crying:
  1. Offer them a tissue AND
  2. Provide them with a realistic expectation of  facts and possible outcome of their case AND
  3. Offer them a dose of harsher reality by explaining that Legal services are not free and they will need to pay your fees upfront and or when they come due. I recommend getting all of your fees if not the majority from the crying client because they tend to be emotional and will email/call you on impulse and incur more legal fees overtime than a more rational client will.


Attorney Maxwell practices Bankruptcy, Divorce, and Traffic Law  in Charlotte North Carolina.






Wednesday, March 23, 2011

DOWNTOWN AS A SOLO

BY Bankruptcy Lawyer

Downtown for many Attorney's (particularly solos) can be a stressful time. Particularly if you are worried about overhead, salaries, and your own personal expenses.

Here are some things I focus on when I have some downtown and things have slowed a bit:

  1. I take a look at my cases and clients and see which files need to be closed out 
  2. Research and Reevaluate my current marketing strategy and revamp it 
  3. Set some new goals for the remainder of the year as well as next
  4. Meet with other colleagues and catch up, discuss their different marketing strategies 
  5. Evaluate my staff and provide some kind of review 
  6. Readjust office hours 
  7. Send former clients media about my current promotions and services 
  8. Contact other businesses to see if relationships can be formed 
  9. Take care of any personal issues i may have: doctor appointments, calls, ect
  10. Take a look at my budget and adjust as necessary 

As always good Luck in Solo World~!








Monday, January 31, 2011

Seven Ways to Market to the Wealthy


 
Wouldn’t it be nice to make over your business so that you are attracting wealthy clients who willingly pay your fees, refer you to other wealthy clients, and sing your praises to friends and associates? 
This article focuses on the top five industries that benefit from targeting the wealthy, seven ways to market to the wealthy, and how you can change your thinking to attract wealthy clients.
You may want to review the companion article Attracting Wealthy Clients where we covered who are the wealthy, the difference between wealthy and affluent, the main concerns of the wealthy, and what the wealthy want. 
Top five industries that benefit from targeting the wealthy and affluent
  • Financial services, estate planning – the wealthy have complicated lives that need managing and planning
  • Luxury travel – the wealthy want options that take care of all the details and they are willing to pay for it
  • Luxury gifts – despite having the internet to peruse, finding good quality goods is not so simple
  • Real estate – 40% of the wealthy plan to purchase a second or third home in the next five years
  • Home design, remodeling, and furnishings – since they need two or more of everything, they spend to acquire more things
Seven Ways to Market to the Wealthy
  • Use the correct language in your marketing.  Don’t refer to the wealthy as retirees.  They have redefined how they spend their time and many don’t plan to retire at age 60.  Their idea of retirement is to do something meaningful with their lives well into their 70’s and above.
  • Use images of vital, healthy, adult people in your marketing.  The wealthy don’t want to be catered to by twenty-something’s in skimpy outfits. Your front office employees should mirror the active demographics of your target client.
  • Be an absolute expert at what you do.  The wealthy don’t want to waste money on inexperience.  Certifications and credentials are a plus.  Be an expert at travel.  An expert at financial planning. An expert in wine knowledge.  An expert in the latest dental procedures. An expert at saving clients’ money on taxes.  Own your expertise and don’t be afraid to say it!
  • Offer a money back guarantee.  The wealthy want assurances that you offer the best product or service for the money.  They don’t want to be taken advantage of.  Most will not take advantage of the money back guarantee, but will feel assurance from the offer.
  • Present yourself and your business appropriately.  Have a top notch brand that’s well designed and positioned. Come on, admit it – you know when you see a quality brand.  It makes an impression on you, whether consciously or subconsciously.  Quality pays.  Period. So be ready to invest in your brand. I highly recommend the services of Art Guy Creative | Web Design | Branding.
  • Make sure your brand communicates a major benefit.  If it’s not obvious, you are not doing your job.  Set your business apart by using your brand to give wealthy clients a vision of the future if they chose you.
  • Offer concierge style options for the affluent.  Many wealthy clients want privilege or options that others don’t have. Private membership with a limited number of members and luxury benefits and special programs designed for them will position you as the right choice. 
How can you change your thinking to attract wealthy clients?
Use your website effectively and reach out to clients via your company’s website.  Make sure you are crystal clear about what you want clients to do when they get to your website.  Build your list and optimize your site for the search engines. Keep in touch with your clients regularly via an ezine delivered electronically. It doesn’t matter what business you are in, you can use a website effectively.
Think globally.  We are an international culture that is on the move.  Americans move every five years. There may not be hoards of wealthy folk where you live, but with the internet you can reach prospects all over the nation.
Upgrade your business and you will upgrade your clients. Template business cards and websites will only get you so far.  Upgrade your image and you will automatically upgrade the quality of clients you attract.
Upgrade your thinking.  The wealthy are just like you and me.  They are humans with busy lives and they need your products and services.  Just because you have never targeted them before doesn’t mean that they don’t need you.  Work on yourself and your self esteem.  Work on your expertise so that you can move easily in their circles.
Be willing to spend more to attract quality clients.  Wealthy clients didn’t become wealthy by taking short cuts in business. Know the value of being open to market and advertise where you will reach quality clients.  You may need to invest time and money in marketing, materials, events, reports, technology, and image.
Be willing to do the work.  There is no easy answer.  There is no magic bullet.  If you want to play with the big boys, you must be willing to do the work.  In the early days of my coaching business I took on clients without realizing that they were hiring me to give them the one magic marketing technique that would solve all their problems.  There is work to do folks.  If a successful business was easy to achieve everyone would be in business for themselves.
Create a special referral program just for the affluent.  At this level of clientele, you must coddle your clients.  Make a BIG fuss when you receive a referral from an affluent client.  You must create and manage a SYSTEM that measures referrals.   Do you know how many referrals you have received year to date?  If you don’t, you are not measuring adequately.  Your system should tell you how many referrals per month and year and who they were from.  You should have frank discussions with your clients about the type of person you would like to be referred to and you must figure out how you can get more referrals from those not giving them to you already.
Conclusion: It’s far easier to grow a successful business by targeting the higher end of the market rather than dealing with difficult consumers who care mostly about price. While your competitors are rolling around on the floor picking up pennies, make sure you are positioned for fabulous success in business by creating a new strategy that will target the upper end of the market.  It’s worth it! 

Sunday, January 23, 2011

Tips for Volunteers Representing Low-Income Clients

posted by charlotte bankruptcy attorney
By Theodore O. Fillette, III
Legal Aid of North Carolina, Inc.
July 6, 2007
This essay is primarily for new pro bono attorneys. It is based upon my experience
representing very low-income people and working with volunteer attorneys for many years.
Some advocates for low-income people wish, consciously or not, their clients to be
virtual “Cinderellas”: hard-working, humble, candid, conscientious, and victimized by a wicked
stepmother or other evildoer. I believe that all the Cinderellas have already retained Perry
Mason or other T.V. attorneys.

The rest of us should heed the words of a veteran pro bono lawyer and former president
of the Mecklenburg County Bar who has introduced pro bono service to new volunteers with this
admonition:
“When clients retain us with a check, we are willing to accept their ‘warts’
and help find ways to compensate for those flaws. We owe pro bono
clients the same consideration.”
There are no clients with perfect memory, judgment, record-keeping, morals or manners. If there
were, they would not need us.

The general reality is that indigent clients often suffer from multiple challenges. Their
lack of expendable funds affects their health care, transportation, maintaining employment,
keeping records, and other basic functions we take for granted. Many low-income folks have
little or poor education. Many suffer from addictions and/or mental illnesses. Many experienced
or continue to suffer from domestic violence or neglect that leaves them with various physical
and emotional scars. In other words, their lives will be dysfunctional in varying degrees, and
many aspects of those problems will make it more difficult to assist them.

Here are some tips for helping the advocate identify some of these challenges and
overcome them. You have to build trust early. Start by telling the client that you want to help.

Do not begin with 10 questions about their background. As soon as possible, you should
distinguish yourself from other authority figures such as teachers and social workers that clients
may have experienced as judgmental and critical of their behavior.
There are many issues regarding communication. Give the clients a card and find out
immediately how they best communicate. They may not read well. They may not initiate
communication at all. Some folks who have not had lawyers think that lawyers will just
magically show up in court and fix the problem. Explain how you will need to learn the facts
and prepare for trial. Encourage them to report changed circumstances. Return their calls
quickly or have others do so. This will create confidence that you really do care about their
problem.
Listen carefully to the client’s stated goals. If they sound unrealistic or abstract (“I just
want justice”), help them identify concrete goals. Don’t be afraid to educate the client on other
objectives and legal rights that might help them, especially if their stated goals are not very
feasible. Help the client get a broad understanding of their legal context.
As soon as it is feasible, try to understand the larger reality of the client’s family. This
includes their financial circumstances. It includes any particular problems of health or
environmental hazards. It includes knowing who is in the household. If you will probably
litigate over the conditions in the client’s home, visit the dwelling as soon as possible.
It may also help to identify other helpers in the lives of the clients. Sometimes these are
relatives. Sometimes they are social workers or neighbors. Find out who might provide
transportation to hearings and child care on the day of trial.
After you have covered these bases and you are getting focused on preparation for a
hearing, do not be afraid to explore key issues of credibility. Anticipate what your opponent will
discover. Check the criminal records of the members of the household. Review the civil index
for previous lawsuits. When you have learned of potential problems regarding credibility, raise
them by saying to the client: “The other side’s lawyer may ask you about this.”
When it comes to potential settlement negotiations, many low-income clients appear to
fall at the extremes of a wide spectrum. Unfortunately, some of the most sympathetic and
deserving clients will be tempted to take an offer of a nominal amount. At the other end, those
clients with the biggest faults and least merit seem to think that their claims have to be worth a
million dollars. In order to orient your client to a realistic settlement range, focus the client’s
attention on the decision maker and the elements of proof required. Do not let the client think
that he or she is arguing with you about the value of their case. Continue to focus on who you
must persuade on the value of the claims. Help the client focus on his or her real goals. Help the
client understand the competing interests of the opponent. Give the client a realistic sense of
what the decision maker is willing to deliver.
When it is time to prepare for a hearing, pay attention to the logistical details that will
enable your client able to participate in the hearing effectively. Talk about what is appropriate
dress. Make sure the client has adequate day care and will not bring small children to a hearing.
Make sure that they have transportation to your office or to the hearing. Explain the importance
of arriving on time.
Finally, never miss the opportunity to recognize your clients’ contributions to the effort.
Praise them for locating the witnesses and exhibits. Appreciate their securing day care for the
trial date. Compliment their Sunday dress. Recognize their courage. Their ordeal may be a
turning point in their lives. And yours.

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Tuesday, January 11, 2011

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Tuesday, December 14, 2010

Rules of Business Referrals /Etiquette

Posted/Additions by Charlotte North Carolina Attorney
By David A. Goldsmith Platinum Quality Author
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!

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