Revisiting Smart Delegation

mg1ysmkWhen we last discussed the subject of delegation, I shared tips for supervising lawyers and associates. That advice was fine as far as it went, but it left a gaping hole: how can we best utilize support staff? Being S-M-A-R-T is the best answer I’ve found to date.

S-M-A-R-T is shorthand for delegating tasks that are:

  • Specific
  • Measurable
  • Agreed
  • Realistic
  • Time-bound

The idea comes from Associate’s Mind, and the simplicity is genius.

The original post gives this additional advice:

Define the task. The more specific the better. Don’t attempt to delegate some open-ended assignment and then get upset with what you get back.
Assess ability. Who on your staff is capable of completing the task? Certain tasks are likely better suited to paralegals, while others are better suited to assistants. You need to take the time to learn who can do what. Once you’ve done that, you can select the right individual for the job.
Explain the reasons behind the task and why they were chosen.  This only applies if it’s a new, or novel task.
State required results.  Again, think specificity NOT “Tell me about the local rules in Court X.” Instead: “Please draft a memo on the local rules in Court X regarding discovery deadlines and how they apply to case Y.”
Agreed upon deadline. Don’t just assign a task and not give a deadline. Otherwise, the person you’re delegating the task to has no clue how urgent it is.
Support and communicate through the process if they need further information or assistance. Sometimes there are speed bumps in the process. This is to be expected, especially if it’s a novel task. You need to be available to give assistance if they stumble.
Provide feedback on results.  If the work product that is returned to you is sub-par, they need to know. On the flipside, if the work product is exactly what you needed and delivered on time, they deserve positive feedback as well.

My two cents?

If a task is complex or time-consuming, make regular progress reports part of the delegated assignment.  This will keep you informed and ease your mind about the status of the work.  Encourage staff to ask questions and use this opportunity to ferret out problems.

When giving feedback, be constructive.  Simply telling staff that work product is “sub-par,” doesn’t help you or them.  In fact, statistics show that people who receive feedback only apply it about 30% of the time.  If you want to improve those odds, follow these tips:

  • Assess what went wrong and consider your role – maybe you used the S-M-A-R-T method and maybe you didn’t….
  • Focus on the task, not the person. This is a training opportunity!
  • Is your quarrel with the method or the result?  If the result is desirable, but you would have done it differently, try not to be a nitpicker unless you have a good reason to be.
  • Be specific about what needs to be done differently and provide context.
  • Deliver the feedback as soon as possible.

All Rights Reserved (2017) Beverly Michaelis

 

 

 

 

 

 

 

 

 

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.

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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

Practical Advice for Virtual Law Offices

Last week we discussed the ethical implications of WSBA Advisory Opinion 201601, “Ethical Practices of the Virtual Law Office.”  As the Committee on Professional Ethics noted, virtual practitioners must take care with supervision, confidentiality, avoiding misrepresentation, and conflicts of interest.  Understandable, but what exactly does that mean?  Here is some practical advice.

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Adequate supervision in a virtual workplace

In a virtual workplace lawyers and staff don’t work in proximity.  How do you ensure that remote workers receive “adequate supervision?”  The WSBA opinion mentions taking “additional measures,” but does not describe what those may be. Virtual employers should consider the following:

  1. Establish policies just as you would in a traditional office setting:  dedicated working hours when employees are expected to be within reach of their phones or computers; vacation allowance; sick leave policy; how you will measure performance; and so on.
  2. Create procedures for employees to follow.  Specifically, how will you distribute assignments and exchange completed work?  Technology is bound to be the solution, so see the discussion below about confidentiality.  Remember to address the “mundane” office tasks too: calendaring, accounting, conflict checking, etc.
  3. Require all remote workers to sign a confidentiality pledge or agreement.  The Professional Liability Fund has samples on its website.
  4. Get fully educated about legalities:  “In 2011, an Oregon appeals court found in favor of a J.C. Penney Co. Inc. home decorator who was injured after she tripped over her dog while working at home. Although the state workers’ compensation board had held her injuries were not work-related, the appeals court reversed, finding the employee had been working from her home as a term and condition of employment.”
    On-the-job injuries aren’t the only problem: be aware of Fair Labor Standards Act troubles, choice of jurisdiction, protecting proprietary information [forms bank, brief bank, customized practice management software], and the Americans with Disabilities Act.  The list doesn’t end there.
  5. Talk to an employment lawyer about securing your right to inspect employees’ remote workplaces and monitoring employees’ use of technology.
  6. Don’t neglect the need for face time. Management experts recommend regular web meetings and occasional in-person meetings for an optimal virtual workplace.
  7. Revisit your ethical responsibilities as a supervisor in Oregon.

Confidentiality

Advisory Opinion 201601 revisits the ethical requirements for cloud computing and email communication, the gist of which is:

  • A lawyer may use online data storage systems to store and back up client confidential information as long as the lawyer takes reasonable care to ensure that the information will remain confidential and the information is secure from risk of loss.
  • Email communication with clients is allowed, except lawyers must warn clients if they believe there is a significant risk of third party access.

Oregon takes a similar stance on cloud computing:  “Lawyer may store client materials on a third-party server as long as Lawyer complies with the duties of competence and confidentiality to reasonably keep the client’s information secure within a given situation.” OSB Formal Opinion No. 2011-188 [Revised 2015.]  For more details, see this post.  See Also OSB Formal Opinion No. 2016-191, “Client Property: Electronic-Only or “Paperless” Client Documents and Files,” which includes a further discussion about electronic client files.

As to email, Oregon lawyers are forewarned to:

  1. Use proper security measures in cases where information is “particularly sensitive or subject to a confidentiality agreement.”
  2. Avoid email entirely if a client requests it.
  3. Scrub for metadata.

See “Safeguarding Client Information in a Digital World,” and “Competency: Disclosure of Metadata,” OSB Formal Opinion No. 2011-187 [Revised 2015].

No mention is made about a duty to warn clients of third party access where the lawyer believes there is a significant risk.  However, it would be foolish not to do so.  Consider the example mentioned in the WSBA opinion: where the lawyer knows her client is using an employer-provided email account.

We’ve discussed this issue before. Your email may not be protected by lawyer-client privilege if your client is reading it at work.  Before you begin communicating by email, take note of the client’s address.  Does the domain correlate to their place of employment?  Don’t use it!  Even if the address is @gmail.com or a similar web-based service, don’t assume your client only reads and prints email at home.  Have a discussion about where, when, and how your client reads your confidential communications and follow the other advice mentioned here.

Another quick word about using the cloud

Virtual practices could not exist without the cloud, a VPN, or some means of hosting and exchanging client information.  Beyond the basics of taking reasonable care to protect confidentiality, implement policies and procedures as described above.  Focus on security and steps to take when a virtual employee stops working for you.  Remote workers can put your law practice at risk if they upload or exchange content that contains malware or ransomware. A study commissioned by a security firm in the UK and Germany found:

  • One in four employees admitted breaking security policies.
  • Nearly two in five said either they, or someone they know, have lost or had stolen a device in a public place.
  • Three-quarters of these devices – such as laptops, mobile phones and USB sticks – contained work-related data, including confidential emails (37%), confidential files (34%) and customer data (21%).
  • Approximately one in ten lost financial data or access details such as login and password information, exposing even more confidential information to the risk of breach.

It is equally important to have a checklist for departing staff that ensures revocation of login credentials, return of workplace property, and disposition of ongoing email or voice communications directed to someone who no longer works for you.

Consider talking to an employment law attorney, or as a starter, see the Professional Liability Fund’s (PLF’s) Checklist for Departing Staff.

Duty to avoid misrepresentation

Advisory Opinion 201601 warns that lawyers may not imply the existence of a physical office or formal law firm where none exists. Therefore, unless you’ve arranged for ready access to meeting spaces or the ability to see clients on a drop-in basis, don’t imply those resources exist.  Posting or implying that you are part of a firm on your website, social media, or elsewhere is also a no-no.  (The same is true for office sharers, an example given in the ethics opinion.)

Avoiding conflicts of interest

Advisory Opinion 201601 points out that virtual offices must ensure that the conflicts checking system is equally accessible to all members of the practice, lawyers and staff, and that such access is reliably maintained.  This only makes sense.

Be sure to add your calendaring system, billing system, client matter records, and everything else you need to operate virtually as a law practice.  All of it must be equally accessible and reliably maintained.

Will the cloud be your savior when it comes to accessibility and reliability?  Probably, but it can’t help you with issues like when to run a conflict check, how to run a conflict check, or the need to circulate a new client list to everyone in the office.  As noted above, procedures will be key!  For help, contact a friendly practice management expert, like myself or one of the advisors at the PLF. While you’re on the PLF site, check out the many publications, practice aids, and forms that will assist you with establishing office protocols.

All Rights Reserved Beverly Michaelis 2017

The Best Legal Blog Posts of 2016

2016-word-cloudIf you’ve followed my blog for a year or more, you know I generally publish a “Year in Review” post.  This December I thought I’d take a slightly different approach. Instead of a comprehensive list, I’m filtering it down to my personal favorites. And while it may be controversial, I’m calling this compilation The Best Legal Blog Posts of 2016.  There is plenty of good stuff out there, but this is the best that has appeared here.  Mostly my content, but also sourced from other great writers.

Client Relations

eCourt and court procedures

Finances

Marketing

Security

Staffing

Technology

Time Management

All Rights Reserved 2016 Beverly Michaelis