The Importance of Following Up

Today’s post is inspired by Ben Schorr, technologist and senior content developer with Microsoft, who has “been in this business long enough to remember when Al Gore invented the Internet.”

Being the all-around smart guy that he is, Ben recently posted:

Follow-up is one of the most important skills you can have in business.

Ben couldn’t be more right, and let me tell you why.

Clients

When is the last time you checked in with your clients? Asked how they are faring? Provided them with a status update?

Nothing is more aggravating to clients (and more damaging to client relations) than failing to follow-up. Avoid this trap by establishing an office system that reminds you to reach out and make contact.  It can be as simple as a tickler system or reminder app. Consider the advantages of interactive web portals that offer clients 24/7 access and apps like Zipwhip that let you send scheduled texts and auto-replies to clients.  Are phones overwhelming you? Worried about missing client calls? Start using Call Ruby. (Discounts are available to Multnomah Bar Association members.)

Tasks and Deadlines

Always create follow-up reminders for all outstanding to-dos and deadlines – particularly those that require action from someone else.

  • Include everything to ensure you get what you need to complete tasks on time and avoid a potential malpractice claim.
  • Include everyone who owes you information, documents, or an undertaking. Clients, co-counsel, opposing counsel, associates, staff, medical providers, investigators, and process servers are the tip of the iceberg.

Staff

Staff also deserve follow-up. Brief weekly meetings can cover a lot of ground: staff workloads, pending projects, your schedule, and responding to staff questions. For tips on working with and delegating to staff, see Revisiting Smart Delegation.

Finances

It’s been almost 7 years since I penned Accounts Receivable Do Not Improve Like Fine Wine, but the advice has not changed. You simply must follow-up on your finances:

Marketing and Business Goals

Follow-up is key when it comes to goal setting. Start by quantifying what you want to achieve, then be accountable (that’s the follow-up part). Whether it’s a business plan or a marketing plan, you are only cheating yourself if you don’t take the time to measure your results.

I’ve written extensively about marketing this year and prior years, both incidentally and deliberately.  If you’re looking for social media tips, resources for market research, how to calculate your marketing costs per case – you’ll find those posts here.  Use the Search feature at the top of my blog or under Categories choose “Marketing.” Whatever you do: follow-up!

All Rights Reserved 2017 Beverly Michaelis

Lawyer Websites: The good, the bad, and the ugly

What goes into a well-designed law firm website?  A photo of the city skyline? A copy of your latest legal brief?  Your phone number in 6 point font in the footer?  Probably not, and here’s why.

Don’t Be the Prototypical Lawyer Website

The best law firm websites have bold, modern, eye-catching designs.  Ditch the city skyline and leave the gavel and courthouse imagery behind.

Give Clients the Content They Want

Eighteen months have passed since The Rainmaker Blog published Legal Marketing Stats Lawyers Need to Know.  Remember what we learned:

  • 25% of people researching legal topics visit YouTube during the process.  Use video to answer the most common questions that arise during initial client intake.
  • Post substantive content, but not your latest legal brief.  The information you share should be understandable to a lay person.
  • Offer resources, including apps like Our Family Wizard, a shared parenting tool.

Clients Want to Talk to You – Now!

Clients are ready to act when they visit your site.  Don’t bury your phone number in teeny, tiny font in the footer of your website.  It should be prominent – above the fold, easy to find, and presented as a call-to-action.  74% of prospects beginning a search online end up contacting lawyer’s office via phone.

Offer Maps, Directions, Parking, and Transportation Links

Eighty-five percent of clients use online maps to find legal service locations.  Ask your web designer to add a Google Map with a marker to your website.  Offer directions and links to parking and other transportation options.  Include a photo of the outside of your building and surrounding businesses.  This will make your address easier to spot.

Other Important Tips

  • Get expert help with SEO – 62% of legal searches are non-branded (“Your city” “divorce attorney.”)
  • Mobile is increasingly important.  A Google Legal Services Study in 2013 found 69% use both a smartphone and a PC for research.  Ownership of mobile devices has grown exponentially in the last four years.  In 2015 a Pew report suggested that one in five Americans access the Internet only on their smartphones.  If your website isn’t mobile-friendly, you’re missing out.
  • Focus on local.  A FindLaw survey in 2014 found that 71% of people looking for lawyers think it is important to have a local attorney.  Clients don’t want to travel if they can avoid it; they may also assume local attorneys know the local judiciary better.  Whatever the case may be, follow these tips from Five Best Practices for Law Firm Websites.
  • Use Google analytics to learn everything you can about your web traffic: how you acquire visitors, how they behave once they land on your site, and how many you “convert.”  (A measurement of the latter would be how many visitors actually complete an online contact or intake form.)
  • As Lawyerist suggests, ban interstitial pop-ups.  They’re annoying (particularly on mobile) and likely to be blocked anyway by your potential client’s browser.
  • Do include proper attorney profiles.  Five Best Practices for Law Firm Websites suggests including practice areas, a unique differentiator, newsworthy legal issues you’ve resolved, and of course your experience and education.  What else can you include: how about community involvement? Interests? Hobbies? Something, anything that will personalize you a bit more.
  • Yes, you need a headshot and Five Best Practices for Law Firm Websites mentions this too.  Opinions abound about dos and don’ts, and if you’re like me you can usually pick the lawyers out of a headshot lineup.  Try Googling “modern headshot examples.”  Pinterest is a good resource.   Here are some suggestions from a digital photography school.
  • Incorporate social media and link to your blog.  These are pretty much no-brainers.
  • Consider online intake, contact forms, and online scheduling.  While most clients would rather call you, there is an audience who prefers web-based contact and online does have its advantages. If you use practice management software, intake may be built into your product.  Otherwise, look at Lexicata. Scheduling options include Setmore, FlexBooker, and TimeCenter among others.
  • Secure your site – for you and for your visitors. If you collect personally identifiable information, you must have compliant privacy policies.  (A simple contact form is enough to trigger this requirement.)

All Rights Reserved 2017 Beverly Michaelis

Time Off and Avoiding Burnout

Feeling weary, fatigued, overwhelmed, or stressed?  Working continually without rest or relaxation leads to burnout.  And it takes more than the occasional three-day weekend for your mind and body to recuperate.

This is my annual reminder to get serious. Build vacation plans into your work schedule now – no excuses!  It will take a bit of effort and planning, but your body and mind will thank you.

I Can’t Afford It

2013-07-26 08.04.33“If I’m not at the office, I can’t bill.  If I can’t bill, I won’t get paid.”  True enough, but there is a solution:  budget for your vacation.  A bit of research and number crunching is in order here. First, calculate your vacation expenses. This should be relatively easy.  Next, quantify the lost revenue you need to replace during your time out of the office.  Now that you know how much you need, begin setting aside funds every week to meet your financial goal.  If necessary, find little ways to cut back that can really add up: like bringing your lunch to work, deferring your daily Starbucks fix, using public transportation, or telecommuting.  Saving weekly will keep you on track and help manage expectations. If you’re just getting started, then your plans this year may be more modest.  Next year, you can begin saving for your summer vacation in January.

I’m Too Busy

2013-12-23 20.09.48Work will never go away, but I guarantee that if you look ahead in your calendar you will find a block of time with no commitments.  Even if you haven’t made plans yet, block the time out now before your calendar fills up.  If you have a habit of backsliding, enlist your family as enforcers.  This time should be sacred.  If you need an extra incentive, consider non-refundable travel reservations.

Preparation is Key

If you’re a member of a firm, going on vacation is a matter of meeting with other lawyers who will be covering cases during your absence.

If you are a sole practitioner, use the buddy system.  Find a colleague who is experienced in your practice area and willing to cover for you.

This arrangement is usually reciprocal and is helpful if you have an unexpected absence from the office due to injury or a medical condition.

Get a game plan in place:

  • 2013-07-24 17.03.57Notify clients, opposing counsel, judges, or other appropriate parties that you will be out of the office;
  • Prep your files.  They should be well-organized and current, with status memos so your buddy can easily step in if needed;
  • Create a “Countdown Schedule.”  Identify what needs to be done when and whether certain tasks can wait until your return;
  • Allow for wind down.  As your vacation approaches, leave time in your schedule to finish up last minute work.  Reduce or refer out new matters;
  • Train staff.  Do they have a clear understanding of office procedures?  How will they screen client calls during your absence?  Give them parameters for contacting you or your buddy in the event of an emergency.
  • Resist constantly checking voice mail, e-mail, or text messages.  Technology is a God-send, but part of rejuvenation is taking a break from our instant Internet society. Checking in is okay, but stick to a schedule to avoid obsessing over what is going on back at the office.  Remember – you have an emergency plan in place.  If something happens, staff or your buddy will get a hold of you.
  • Avoid post-vacation overload.  Just as you blocked out dates to go on vacation, allow yourself time to get back up-to-speed.  Otherwise, you’re right back where you started.

Give yourself and your family a well-deserved break.  With a bit of organization, you can budget for (and enjoy) your time off.

All Rights Reserved 2017 Beverly Michaelis

eChecks and eCourt

The most recent issue of the Capitol Insider reminded bar members that OJD eFiling now accepts electronic checks (eChecks) as a payment method.  You can setup an eCheck account at the OJD HTML 5 eFiling Site.  (If you’re still using the “Silverlight” version of OJD eFiling go here.)

What are eChecks?

The term “eCheck” attempts to lend a familiar name to a new(er) process, but the descriptor also leads to confusion.  

What eChecks are not

  • eChecks are not “checks” in the traditional sense. 
  • They require no special setup.
  • There is no cost to using eChecks.
  • You don’t have to visit your bank to start using eChecks.

What eChecks Are

  • A way to send electronic payments directly from your bank account.
  • Equivalent to electronic transfers or ACH payments.
  • Used by merchants like PayPal.

What do I need to know to pay by eCheck?

If you have a bank account and know your routing and account numbers, you can pay by eCheck.

HOW QUICKLY DO ECHECK TRANSACTIONS CLEAR MY BANK?

eCheck payments generally clear within 24-48 hours.

Are there any advantages to using eChecks?

Yes!

  • The May issue of the Capitol Insider reports that using eChecks will “keep costs down and limit future increases in filing fees.” This makes sense because eChecks eliminate credit card processing fees. Paying by eCheck is free to both parties – the payor/eFiler and the payee/OJD. It is a bank-to-bank transaction.
  • Bookkeeping will be simpler for OSB eFilers. Paying eFiling fees by credit card requires the extra step of reconciling your credit card statement to your eCourt account. And there is also the matter of billing. Even if you bill or post a filing fee expense to your client’s account when it is incurred, this only improves the timing of your reimbursement – it doesn’t shorten the accounting steps.
  • You now have the flexibility to easily use your trust account as a source of paying filing fees. (A debit card tied to your trust account is also permissible, but be sure to take proper steps to protect client funds.)
  • Lawyers who don’t have credit cards won’t be forced to get one just to use the OJD eFiling system.
  • Lawyers who can’t get credit cards will no longer be penalized.
  • Firms won’t have to set up special reminders to renew or update credit card information in OJD eFiling accounts, since routing and bank account numbers never expire. Do remember to update your payment information if you change banks!

Do you currently have a debit or credit card dedicated to paying eCourt filing fees?

If yes, and you make the switch to eChecks, quit using your debit or credit card for eCourt filing fees. This starts the process of closing your account. Verify that all pending transactions have been processed. Reconcile your final card statement, bill clients, then wait an additional month before you direct your bank or processor cancel your account. There should be no more debit or credit activity during this time. Assuming all transactions are accounted for, close your account. Remember to delete your debit or credit card from the OJD eFiling system.

NOTE

If your debit/credit card is used for other purposes beyond paying eCourt fees, ignore this advice.

How do I set up eCheck payments?

Users can create an eCheck payment account under Payment Accounts in FIRM ADMIN. If you need help with this process on the HMTL 5 site, download the Firm Administrator Guide 3.15 available here.  You can also get help with this step from the vendor, Tyler Technologies:

New Terms of Use

With the addition of eChecks as a payment method, the OJD and Tyler Technologies Terms of Use have been updated. View the new TOU here

All Rights Reserved 2017 Beverly Michaelis

Last Call: Ethical Guidelines for Client Files – June 7, 2017 CLE

Don’t miss “Ethical Guidelines for Client Files” on June 7, 2017.  Learn about OSB Formal Ethics Opinions 2016-191 – Client Property: Electronic-Only or “Paperless” Client Documents and 2017-192 – Client Property: Duplication Charges for Client Files, Production or Withholding of Client Files.

What are lawyers required to produce and when?

  • In some cases, lawyer notes and communications must be produced, in other instances they can be withheld: do you know the difference?
  • If you store data in proprietary law office software (e.g. in a docketing or practice management program), must you extract and convert the data for the client?
  • What circumstance might provoke disclosure of “confidential” information belonging to another client?
  • Can you refuse to deliver file material on the grounds that it is too burdensome or expensive to produce?
  • Is it possible to deliver less than the “entire client file” if the client consents?
  • Are you required to produce work product? Conflict information? Time and expense records? Reports about the client’s creditworthiness? Expert witness information? Metadata? Text messages?

Standards governing retention and storage of client files – Is it ethical to store client files electronically? Do any exceptions apply? What duties does a lawyer have when using electronic-only storage?

When to charge for locating, segregating, or duplicating file material – When you can (and can’t) pass costs on to the client, whether client originals can ever be destroyed, and your ethical responsibilities to the “impecunious client.”

Appreciate the difference between ethical duties and discoverability – The interplay of the Oregon Rules of Professional Conduct vs. state and federal rules of civil procedure.

Throughout the program “best practice” tips will be shared.

Date/Time/Location

Wednesday, June 7, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time.  This is a live, online webinar. Watch from your desktop computer or mobile device. Connect to audio via telephone or computer/device speakers.

Who Should Attend?

Lawyers, office managers or administrators, staff – anyone interested in learning more about Oregon’s new formal ethics opinions, 2016-191 and 2017-192.

Does the Program Include Written Materials?

Yes.  Written materials will be distributed electronically to all registered attendees before the event.

Ask Questions/Participate in Live Polling

Questions are welcome during the live event.  Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

$25 – Visit the Upcoming CLE page or click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - Ethical Guidelines for Client Files

MCLE Credits
1.5 Ethics MCLE Credits pending.

Can’t Attend?

Video and audio recordings of Ethical Guidelines for Client Files will be available to download along with the program materials following the June 7 CLE. Price: $25. Contact me or visit my online CLE store after June 7.

All Rights Reserved [2017] Beverly Michaelis