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.

 

 

 

 

Nonlawyer Ownership of Law Firms

A financial planner, a CPA, and a lawyer walk into a bar … to form a law firm. A joke, right? Two years from now, some version of this could be happening for real in California.

A state task force headed by a former law professor is expected to produce proposals in 2019. Presently, Rule of Professional Conduct 5.4 prohibits nonlawyers from acting as partners, corporate officers, or directors of a law firm. The same rule strictly regulates fee sharing and forbids nonlawyers from directing or controlling a lawyer’s professional judgment.

Why consider nonlawyer ownership?

Some view nonlawyer ownership as a means of boosting productivity, reducing costs, and improving access to justice. Others herald the benefits of outside investment and potential for greater innovation in the corporate legal market.

What we can expect from California

Your opinion may differ, but I believe the State Bar of California is ready to make this change. The purpose of the Task Force is to work out the issues.  I predict:

  • California will be the first state to allow nonlawyer ownership of a law firm.
  • Nonlawyer owners will be prohibited from controlling or directing the professional judgment of a lawyer in the course of providing professional services to a client.
  • Nonlawyer owners will be allowed to control or direct business affairs of the firm.
  • Fee sharing will be authorized, provided: (a) clients give informed consent in writing; and (b) the sharing of legal fees does not affect the lawyer’s professional judgment.
  • Receiving referral fees from nonlawyers will be permissible.
  • Disclaimers or disclosures may be required in firm advertising, marketing, engagement agreements, websites, etc.
  • Lawyers will be permitted to reveal confidential client information to nonlawyer owners and their staff in order to carry out representation.
  • Conflict of interest rules will expand to include nonlawyers as “members” of the firm – a conflict for one is a conflict for all.

Operational concerns

Anyone pondering formation of a future lawyer/nonlawyer union should think long and hard about all the issues involved in business formation. A business plan, mission statement, and written ownership agreement will be an absolute must. Thorough insurance coverage, including professional liability, will be a necessity.  Prepare to integrate office systems, record retention, and nonlawyer staff. This includes training!  If nonlawyer partners are beholden to regulatory agencies, know the ins and outs for your sake, but don’t fall into the trap of advising nonlawyer owners. Lastly, have a plan for departure. When a law partner leaves you high and dry, the repercussions aren’t pretty. But at least you can temporarily cover your partner’s legal cases. This isn’t likely to be true with a nonlawyer partner who has an area of expertise (and perhaps licensure) that you lack.

All Rights Reserved – Beverly Michaelis – 2018

MCLE Changes Coming

At its June/July 2018 board meetings the OSB Board of Governors voted to recommend a requirement for MCLE on mental health and substance use issues. The overall number of MCLE credits required in each reporting period will not change, as the proposed rule includes a reduction in general/practical skills requirements.

Why require education on substance abuse?

The pressure and stress inherent in the legal profession begins in law school and never fades away:

  • Lawyers are almost twice as likely to struggle with alcohol abuse when compared to the general population
  • In a 2016 study more than 1 in 5 lawyers reported that they felt that their use of alcohol or other drugs was problematic at some point in their lives
  • In the same study nearly 3 of 4 reported that their problematic use started after they joined law school.

Source: Indra Cidambi, M.D., “Drug and Alcohol Abuse in the Legal Profession: Why Lawyers Are at Increased Risk for Addiction,” Psychology Today (June 2017).

This may not be you, but it may be someone you know. A friend from law school, your partner, or a colleague. As the Psychology Today article points out, members of the legal profession are at increased risk and “need to be proactive in reaching out and leaning on their support system before they feel overwhelmed and trapped.” Getting educated on the topic is a start.

Mental health issues affect us all

Not only are lawyers more likely to struggle with alcohol abuse, we also suffer from disproportionately higher rates of mental health issues.

  • Many law students show signs of depression, anxiety, hostility and paranoia within 6 months of entering law school.
  • After the first year of law school, 40% of law students suffer from depression, which persists through law school and their careers.
  • Practicing lawyers find that they have to compromise their ethical principles or moral values, which creates a conflict in them.
  • They may also have to take and defend positions that are contrary to their belief system.
  • In the 2016 study referenced above, 6 of 10 participants reported anxiety, 1 of 2 reported depression, and nearly 1 in 8 reported ADHD. 1 in 9 reported suicidal thoughts at some point during their career.

Source: Indra Cidambi, M.D., “Drug and Alcohol Abuse in the Legal Profession: Why Lawyers Are at Increased Risk for Addiction,” Psychology Today (June 2017).

Getting help now

The Oregon Attorney Assistance Program provides assistance with and referral for problem alcohol, drug, and/or other substance use; stress management; time management; career transition; compulsive disorders (including problem gambling); relationships; depression; anxiety; and other issues that affect the ability of a lawyer or judge to function effectively. Services extend to Oregon law students and are free and confidential. If you or someone you know is affected by any of these issues, call (503-226-1057 or 800-321-OAAP) or contact the OAAP today.

All Rights Reserved 2018 Beverly Michaelis