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 🙂

 

 

 

My Desk, My Enemy

Desks are the pedestals of our productivity. How we organize the stuff on them has a big effect on how well or if we get things done in a timely fashion. But just as important as these practical concerns is the impact it has on our mental health.

While researching content for a presentation, I came across this older post: My Desk, My Enemy: 6 Helpful Ways to Get Organized.  Written by Dan Lukasik and published at Lawyers with Depression, it contains helpful information that remains relevant.

Organizational Style

Dan begins by describing the four organizational styles identified by Kelly Lynn Anders in her book, The Organized Lawyer:

Stackers organize by topic in stacks. They are visual and tactile and like to give the appearance of order. The busier these people are, the more stacks they have.

Spreaders are visual like stackers, but must be able to see everything they’re working on.

Free Spirits keep very few personal belongings around the work area. They like new ideas and keep reports, books, articles and magazines near.

Pack Rats have emotional ties to things. They like the feeling of fullness around them and like to tell stories about what’s in the office.

These categories are insightful, and describe a fair number of people I’ve worked with. But they fail to recognize what happens when a lawyer is depressed, depleted of energy, and has no motivation to get organized.  Dan calls this “the depressed desk:”

When a lawyer has depression, motivation and organization are BIG problems. A lack of energy blunts motivation. We already know that it’s a good idea to keep our desk together, but there simply isn’t much neurochemical juice to get it done….

We must outfox depression. It would have us do nothing. So we must do something. 

Dan’s Six Simple Solutions [Abbreviated]

  1. Get rid of all those pens. Only keep three or four.
  2. Take home any books that you don’t use on a regular basis. [I would add: do the same with magazines and legal periodicals. Create a “free spirit” space at home if this is your organizational style.]
  3. Hide cords – use twist-ties or coil your cords up.
  4. Only keep on your desk what you need for that day. Then section off your desk and workspace so that everything has a specific space.
  5. Have a dump day.  Pull everything out, put it in a big pile, sort, and toss.
  6. Schedule a date and time to clean your desk.

Read Dan’s original “six simple solutions” here.

Parting Thoughts

It’s easy to be skeptical of simple solutions.  How could tossing excess pens or hiding cords possibly help?  What difference does it make to clean off my desk?  

Trust me, it helps.

  • Eliminating clutter reduces stress and anxiety.
  • Organizing and prioritizing gives you back a sense of control.
  • Compartmentalizing allows you to plan for what you need to do and when.
  • Freeing up space allows you to breathe, think, and work.

You owe yourself, and you deserve, a pleasant work environment.

If you are a lawyer with depression, consider following Dan’s blog and connect with one of the confidential attorney counselors at the Oregon Attorney Assistance Program.

[All Rights Reserved 2016 Beverly Michaelis]

ABA Blueprint: What Is it and Why Should I Care?

ABA Blueprint.combp is a new tool designed to help solo and small firm lawyers find what
they need to run their firm.  Any lawyer may browse the website for resources and information.  Technology, marketing, insurance, retirement, and practice management services are available to ABA members only.  Here’s an overview:

Services for ABA Members at Blueprint.com

  • Discounts on products and services
  • Access to free practice management consultants
  • Firm Builder (see below)
  • Ability to save solutions to your Blueprint account so you don‘t lose your research

If this sounds good to you, check out ABA membership here.  Dues are pro-rated based on your date of original bar admission.  Membership is free for 2016 and 2017 admittees.

Resources Non-ABA Members Can Access at Blueprint.com

Informative BLOG Posts

At ABA Blueprint, click the logo (upper left) to visit the Home page.  Scroll to the bottom to find a feed of the latest posts from the ABA Legal Technology Resource Center blog. Examples include using email newsletters, trends in legal technology, website costsgetting the most out of online forms, and state data breach notification laws.

Universal Solutions

Anyone can visit the Universal Solutions page to look at the curated list of products for starting a firm, growing a firm, getting paid, building a team, mastering eDiscovery, and insuring your family and future.  Keep in mind the listed discounts are for ABA members only.  The ABA expects to add more products in the future.  Here are the highlights:

Universal Solution Category Discount Offered
to ABA Members
Projected
Annual Savings
Start a Firm Now Office 365

Clio

$222.00-$363.84
Help Me Get Paid Clio

LawPay

QuickBooks Online

$361.60-$595.00
Help Me Grow Lexicata

MailChimp

LexBlog

$169.90-$578.80
Help Me Build a Team Ruby Receptionists

Fancy Hands

$833.28-$1440.88
Help Me With eDiscovery eDiscovery Assistant

PageVault

 

$714.00-$1394.00
Help Me Insure My Future ABA Insurance

ABA Retirement Program

No data available

What is Firm Builder?

Firm Builder is available to ABA members only. Online modules provide help for technology basics, virtual assistance, and marketing.  This is also the place where ABA members can connect to a practice management consultant.  Here’s how the modules work:

  1. Select a Firm Builder topic (technology, virtual assistance or marketing).
  2. Answer a series of questions.  (Don’t worry, there are plenty of options for “I don’t know, or I’ve done some research, but tell me more.)
  3. Once you’ve answered all the questions, Firm Builder proposes a set of solutions, i.e., products that fit your needs.  The product list is curated from the Universal Solutions page of ABA Blueprint.

Long story short

Firm Builder is a fancy tool that ends up replicating the information already available under Universal Solutions.  While this is redundant, don’t let it dissuade you from using the tool as it may help you focus more specifically on the products that fit your needs. In addition, Firm Builder gives you the option of contacting a live practice management consultant.  Thirty minute consultations are available at no charge via phone or email, and users are promised a 24-hour turnaround time. Live chat is available for quick questions from 9:00 a.m. to 3:00 p.m. Eastern Time, presumably 7 days a week as no limitation is noted on the website.

Who are these consultants?  For now, most or all of them will come from CuroLegal, a private consulting firm working with the ABA.  In the future, the expectation is that practice management advisors – like those associated with your bar or liability coverage provider – will sign on as ABA Blueprint consultants.

Endorsements and Ethics

Does the ABA endorse the products listed on their site?

No, as a matter of ABA policy.  Products featured on the site were selected based on “suitability for solo/small firm practitioners, the stability of the vendor, the availability of integrations, and the standing of the product in the market.”

Do the products on the ABA site meet ethical requirements for all states?

The ABA does not certify the ethical suitability of a given product or service.  The website recommends consulting your local ethics body for advice or guidance. Oregon lawyers can speak to private ethics counsel or contact the Oregon State Bar General Counsel’s office.

Speaking of Oregon Lawyers

If you need help, please take advantage of the abundance of resources available to you through the Oregon State Bar Professional Liability Fund, including access to free and confidential practice management advisors.  You are also welcome to call or email me. I dedicated the last 20+ years of my professional career to helping Oregon lawyers. Thirty minute emails and calls are always free.  Turnaround time is next business day.

On the CLE front, it’s not too late to sign up for Unclaimed Client Funds this Wednesday. Or start the new year off right with “Fee Agreements – Ethical Dos and Don’ts.”  This live, online webinar is scheduled for January 18, 2017. Registration is open now.

All Rights Reserved 2016 Beverly Michaelis

Best Business Apps for the iPhone

Are you an iPhone user?  Maybe a business owner?  Or someone who likes to learn about new apps?  If you’re in the vicinity of Central Oregon, consider taking Best Business Apps for the iPhone this October at Central Oregon Community College’s Chandler Lab.

Get the most out of your iPhone by discovering over 25 top-rated business productivity apps.

  • Learn how to scan and edit documents on the go
  • Schedule tasks with a tap of your finger
  • Sign a document on your phone
  • Share any type of file across platforms (iOS, Android, Windows, and Mac)
  • Transform whiteboard notes or sketches into an editable document
  • Connect apps and actions together with workflows to automate tasks
  • And more!

This will be a hands-on learning experience.  Download and follow along as I describe and demonstrate!  These apps are hidden gems and free to download from the App Store.  (With a few bonus paid apps thrown in.)

Prerequisite: Requires iPhone 4s or later with iOS 9.3.1 installed.

Read more and register here.