Best of 60 Tips in 60 Minutes – 2017 ABA TECHSHOW

Yesterday I shared the Best in Mobile Apps for IOS and Android from the 2017 ABA TECHSHOW.  Today: the Best of 60 Tips in 60 Minutes with ideas on:

  • Blockchain Technology [A direct payment solution that bypasses banks]
  • Document and Workflow Automation
  • Document Indexing
  • Email
  • eSignatures
  • Facebook Advertising
  • Hardware Hacks
  • Lawyer Websites
  • Meeting Apps
  • Microsoft Office
  • Mirroring Content from Mobile Devices
  • Mobile Scanners
  • Note Taking
  • Online Collaboration
  • Online Intake
  • Organization
  • Outsourcing Tasks
  • Practice Management Software
  • Productivity
  • Proofreading
  • Saving Money
  • Scheduling Assistants
  • Security
  • Social Media Management
  • Slide Presentations
  • Spam
  • Timekeeping
  • Travel
  • Virtual Assistants
  • Web Conferencing

For a recap, click here or on the image below.

I Don’t Want to Create a Business Plan!

I get it.  I really do.  They involve work and you’re busy.  And if you’re not trying to sell someone on why they should give you money to start or grow your law practice, why would you bother?

Because, my friends, every once in a while you should be selfish and do something for yourself.

client-meeting-cropped

Six Good Reasons Why Every Lawyer Can Benefit from a Business Plan

Everyone can benefit from the business planning process, especially startups.  But existing businesses need a vision too.  Creating a business plan will give you:

  • Clarity about what you want to do
  • Control over your own fate
  • A strategy for staying organized and on track
  • Accountability
  • A way to measure and monitor your progress
  • A path to help you move forward

For associates in law firms, creating an annual business plan is the only way to build a successful strategy for bringing in business – something all associates are expected to do sooner or later.

For partners, annual business planning is likely to be more about reflection: now that I’m an experienced lawyer with a book of business at XYZ Law Firm what do I want to do? If the answer is: make a lateral move, creating a business plan will likely be required.  If the answer is: something else entirely, then time spent reflecting and planning will help you ferret that out.

Why Lawyers Don’t Write Business Plans

Aside from the obvious excuse that creating a business plan is time consuming, you may also perceive it as too difficult.

But there is an even better reason not to write a business plan.  If you don’t put specific goals and objectives on paper you can’t fail.

Here’s What You’re Really Missing Out On

The problem with avoiding failure is that you also set yourself up not to succeed. And you miss out on the other benefits that go along with creating a business plan.

Create a Direction and Lower Your Stress

When you know what you want to do, where you want to go, and how you’re going to get there (the specific objectives included in your plan), it lowers your stress level. There is no more floundering or misdirection.  Having a plan means you’re back in control.

Doing What You Want to Do For People You Want to Work For Means Reduced Exposure to Liability and Ethics Complaints

There’s a huge difference between practicing door law because you’ve always done it versus purposefully choosing a niche.

The door law route exposes you to greater risk of malpractice claims and ethics complaints.  Keeping up with a few areas of law is hard enough.  Trying to keep up with five or ten is bordering on ridiculous.

Imagine instead that you are working in one area, or a handful of areas, that you know well or can master.  With a focus, you can target clients deliberately and work for a client base that you truly want to represent.

You’ll Also See Gains in Efficiency, Money, and Resources

You are a resource.  Your staff is a resource.  Spend your resources on meaningful, designed goals.  This is what creates efficiency.  And with efficiency you can’t help but save money.  Or at a minimum, experience a better return on your investment.  You know it, you can see it, you can measure it.

Business Plan Checklist and Resources

If I’ve convinced you, contact me.  I’m happy to send along my business plan checklist and a list of resources for creating a plan.  Do what you want to do.  I am.

All Rights Reserved Beverly Michaelis 2017

Precautions for Paperless Practitioners

Did you happen to notice the new ethics opinion issued in September 2016?  You aren’t alone, but don’t worry.  Let’s get caught up.

ethics-photo

OSB Formal Opinion 2016-191 addresses a lawyer’s ethical responsibilities in keeping paperless client files and disposing of client property.

Everything Old is New Again

Nigh on eight years ago, I gave some advice on this subject:

  • Inform clients of your digital storage practices.  Explain how you will provide documents to current clients in the regular course of business and in the event a former client requests a complete copy of his or her file.
  • Update your fee agreement and engagement letters to reflect your file policies and procedures.
  • Be prepared to provide clients with a copy of their digital file in a format they can access.  [This may mean physically printing the file.]
  • Establish a retention policy for your digital files.
  • Use security measures to protect client records.
  • Take steps to ensure that documents stored electronically cannot be inadvertently modified or destroyed.
  • Backup, backup, backup!
  • Review the Professional Liability Fund (PLF) practice aid, Checklist for Imaging Client Files and Disposing of Original Documents. This checklist has since been renamed Checklist for Scanning Client Files.  It points out that certain papers should not be discarded after scanning. Examples include any document whose authenticity could be disputed, those with particular legal importance, or documents that only have value or enforceability as a piece of paper.  It also admonishes that original client property cannot be destroyed without consent.

See Beverly Michaelis, “Is It Time to Go Paper-Less?” PLF In Brief (February 2009), available on the PLF website.

What Does the Oregon State Bar Say?

OSB Formal Opinion 2016-191 reinforces my earlier advice:

First, there is no ethical prohibition against maintaining the “client file” solely in electronic or paperless form. But this doesn’t mean your ethical duties are thrown out the window.

Lawyers must safeguard client property, maintain confidentiality of information, and ensure availability of electronic file documents. This means:

  • Taking reasonable steps to ensure the security of electronic-only files.
  • Protecting against destruction of original client documents without the client’s express consent.
  • Retaining records for appropriate time periods, including following the completion of the matter or termination of representation.
  • Considering whether an electronic-only file might present a hardship for clients who need to access and work with the documents in paper form.

Lawyers must also communicate with the client regarding the terms of the representation and relevant developments affecting the representation:

  • The opinion suggests entering into reasonable agreements regarding how you will maintain client files during and after the conclusion of a matter. [Yes, please!]
  • You should also confirm that converting your closed paper file to electronic-only documents does not violate the terms of your retention agreement with the client.

If you use cloud-based solutions for storage of electronic-only files, re-read OSB Formal Opinion 2011-188 or see this post.

All Rights Reserved Beverly Michaelis 2017.

It feels good to be right.  Chalk one up for me 🙂