Get Your Fee Agreements!

The Fifth Edition of the OSB publicationFee Agreement Compendium, is now available on BarBooks.

Topics include

  • Ethics Issues Arising in Fee Agreements
  • Billing Costs
  • Truth in Lending Act and Attorney Fee Agreements
  • OSB Fee Dispute Resolution Program
  • Drafting Tips for Fee Agreements
  • Retained or Not Retained–You May Need to Prove It
  • IOLTA in Relation to Fee Agreements
  • And 14 sample forms, including 9 addressing specific practice areas

Get answers to your frequently asked questions

Credit cards and installment payments

  • Does the Truth-in-Lending-Act prohibit me from passing on credit card surcharges to clients? §3.9
  • What are the implications of taking installment payments from clients?  §3.4

Client costs

  • Should I “bundle” or “unbundle” client costs? §2.3
  • What are the tax consequences of advancing costs for a client? §2.5-2
  • Am I personally liable for costs if the client doesn’t pay? §2.7

Drafting Tips

  • What are the 10 best tips for drafting fee agreements? §5.2
  • What are the perils of an ambiguous fee agreement? §5.1-3

Fee Disputes

  • Should I, or shouldn’t I, use OSB Fee Dispute Resolution?  §4.1-1 through 4.1-3.

Referral fees, splitting fees, and limited scope representation

  • What are the rules on referral fees? Splitting Fees? §1.1-7, §12.1 through 12.2-4.
  • How should I craft a limited scope representation agreement? §10.1 through 10.2.

(See the cited sections for answers.)

The Fee Agreement Compendium has always been a treasure trove of resources and tips.  Download the PDF from BarBooks today.

All Rights Reserved – 2018 – Beverly Michaelis

 

Legal News and Upcoming Events

Is Mandatory Malpractice Coverage Coming to Washington?

Mandatory malpractice coverage is well known by Oregon lawyers and may be coming soon to members of the Washington bar (WSBA).

In July, the WSBA Mandatory Malpractice Insurance Task Force presented a tentative recommendation to the Board of Governors (BOG) to mandate malpractice insurance for Washington-licensed lawyers. The task force expects to present a final report to the BOG in four short months.

Next steps include:

  1. Considering feedback from the Board of Governors;
  2. Ramping up information efforts among WSBA members, and obtaining and considering additional comments received;
  3. Detailing the recommended malpractice insurance mandate, including the specific
    required coverage minimums;
  4. Identifying in detail the recommended exemptions from the professional liability
    insurance requirement; and
  5. Drafting a proposed Court Rule for the Board of Governor’s consideration

Members may submit comments to insurancetaskforce@wsba.org. The task force continues to meet monthly through the end of the year. Read the interim report here.

Free Access to PACER

This past week, the ABA Journal reported a potential end to PACER fees:

A new bill before the U.S House of Representatives would prohibit the federal courts from charging for public documents. The Electronic Court Records Reform Act would require that documents downloaded from the PACER database be free. Currently, the repository for federal court documents charges up to 10 cents a page.

The article notes that PACER has become a reliable money-maker for federal courts, pulling in $150 million in fees in 2015 alone.

Of further interest to federal court practitioners, the proposed bill would require documents to be posted to PACER within five days of being filed in federal court in a manner that allows for easy searching and linking from external websites.

Additionally, it would require consolidation of the Case Management/Electronic Case Files (CM/ECF) system, allowing for one-stop shopping when searching for federal court cases. Presently, each court operates its own separate CM/ECF system.

Free Data Breach CLEs in Bend and Medford

The Professional Liability Fund is offering two free data breach CLES in October:

These CLEs will explain data breach, what you can do to protect your client’s information, your ethical duties, and what to do if a breach occurs. For more information, follow the links above. Register for the Bend CLE by emailing DeAnna Shields at deannas@osbplf.org. Register for the Medford CLE by emailing Eric B. Mitton at eric.mitton@cityofmedford.org.

All Rights Reserved – 2018 – Beverly Michaelis

Commit to Your Goals to Achieve Marketing Results

Have you set goals for your law practice?

 

From a big picture perspective, all three choices are valid.  What they lack is a reasonable chance of success.

You can greatly improve the odds of achieving your goals by taking these three simple steps:

  • Create measurable goals
  • Write your goals down!
  • Be accountable

Have I written about this before? Yes, indeed.  But a reminder never hurts!

Create Measurable Goals

If your goals and objectives aren’t measurable, how will you know if you succeeded? It’s easy to say “I want to grow my client base,” because this statement can mean so many different things: you want to increase revenue, open more client files, or start taking on clients in a new area of law.  Perhaps keeping your goals fuzzy is a way of feeding a tendency to procrastinate or avoid identifiable failure ….

If you want to grow your client base, start by articulating what this means to you.

Let’s say your goal is to increase new client retention by 10%.  Start by assessing your success in converting clients (new clients interviewed vs. new clients who retain you as their lawyer).  If your conversion rate is less than 75%, it is time for introspection and some retooling.  What issues are you facing?

  • Do you need to bolster your confidence? Finding support through peer groups or counseling may make a big difference.
  • Perhaps you need to learn more about a specific area of law so clients are assured of your knowledge. Contact the Oregon State Bar and Professional Liability Fund. Access OSB BarBooks, download PLF Forms, attend CLEs, join Bar Sections, and read pertinent publications.
  • Maybe you can benefit from polishing your client interviewing skills or learning more about client needs?  Find a mentor, reach out to colleagues, search this blog for posts on client relations and marketing – there are a ton of resources available in this area if you ask.  It may be as simple as observing your mentor or asking her to sit in on your client interviews (screen for conflicts; get client permission).

Identify the challenges – there may be several – then dial down.  Create a series of measurable steps to help you achieve your goal of increasing client retention by 10%. Be concrete and set time limitations.  Here are examples from a prior post.

Continue developing additional specific, measurable steps you can take to improve client retention.

Write Your Goals Down!

If you don’t mind a success rate hovering around 43%, then talking or thinking about your goals is a good way to go. If you prefer to do better than that, write your goals down.

Putting pen to paper (or fingers to a keyboard) is an inescapable part of making your goals more real, concrete, and achievable.  You can improve your chances even more by keeping your goals visible: a sheet kept on your desk, a series of post-its on a bathroom mirror, or saving a screen grab to your desktop or mobile device.

The act of writing is, in itself, a process of mental transformation.  If you don’t believe me, just Google “why is writing down goals important?” and scan through the myriad of results.  Here is the best explanation, IMHO.  By the way, science backs this up. Writing down your goals and sharing them with a friend will increase your rate of success from 43% to 62%.

Be Accountable!

Being accountable to others is success on steroids!  The Dominican University of California conducted a study on strategies for achieving goals.  By including the additional step of sending a weekly progress report to a friend, 76% of study participants accomplished their goals, or were at least half-way there, in a four-week period.  Wow!

So if I write a text or send an email to a friend,

“Hi Sheila, I’m setting goals for my law practice this year.  One of my objectives is to read the OSB Family Law BarBook cover-to-cover by June 1.  I need you to hold me accountable for getting this done.  Can I send you weekly progress reports?”

and my friend holds me to my promise of sending weekly progress reports, there is a 76% likelihood I will follow through? I’m on board!  Naturally you can buddy-up on this idea:  find a colleague with whom you can exchange goals and weekly progress reports. You will both benefit by holding the other accountable.

Getting Started

Get underway with the process of goal setting, marketing plans, and business development by accessing the great resources available on the PLF website.  Choose Practice Management, then Forms. Under “filter by category,” select “Marketing.”

You can make this happen. Commitment and follow through make all the difference.

All Rights Reserved – Beverly Michaelis – 2018.