Obstacles to Improving Workflow


I asked this question during the recent CLE, Best Practices for Client Intake, Engagement, and Workflow.  You may be interested in the results:

For those who don’t have the time

This is a hard one, and I get it. But nothing will change unless you make the time.

I don’t have a magic solution for adding a 25th hour to the day. I do know that if something is important enough, we make room for it. So if you’re motivated, start by looking for time on your schedule. Find two one-hour blocks, whether they are close in time or a month apart. Schedule appointments with yourself. Mark the subjects “Workflow:brainstorm” and “Workflow:prioritize.” Commit to making the first time block outside the office. Leave your smartphone and other devices behind. Grab a legal pad, a pen or pencil, and go. Visit your favorite coffee shop or sit in the park.

Brainstorm

During the first time block, make a list of all the functions in your office that you’d like to improve. Dream small: “I wish saving email to the client’s file was easier,” or dream big: “We need a better conflict system.” Don’t rule anything out. Just let the ideas come and go until the hour is up.

prioritize

Your goal during the second time block is to prioritize. This can happen in your office IF you commit to working distraction-free. This means no phones, no checking email, no interruptions by others. You are in an appointment, albeit with yourself. If the temptations are too great, leave. As before, don’t bring devices.

Pull out the list of ideas from your brainstorming session and start marking what is most important: first, second, third, and so on. If you’re in your office, type up the list. If you’re out and about, take a moment when you get back to do so.

Investigate

Schedule another one hour appointment on your calendar. This third time block will be devoted to investigating options for the number one priority on your list. Google is your friend. Look for online reviews from neutral, authoritative sources. The ABA Legal Technology Resource Center is a good starting point. Check out blog posts that come up in search results. Ask colleagues by posting to a listserv. If you have an IT person, get their input. Ask staff. Depending on how complicated your first priority is, you make have to block out more time for this step. However, there are definitely some small-scale functions that you can reasonably investigate in an hour’s time.

Keep going: implement and master

Sticking with your number one priority, make a decision on which option you want to pursue. Schedule out more appointments on your calendar to implement the option. Then wait. Live with your new technology or process a while. Be prepared to make adjustments. When you are comfortable and feel you have mastered the new workflow, move on to priority number two and repeat the steps above. My point: you can find the time and you can make the time. It doesn’t have to happen all at once.

Procrastination

We sometimes procrastinate about improvements we know we should make because we feel overwhelmed or have trouble accepting change. Hopefully the approach outlined above will help you overcome these concerns. If after the brainstorming session you are worried that your priority list has nothing but large-scale items, consider reaching out for expertise. Ask colleagues for referrals to IT or other consultants. Consider using the practice management team at the OSB Professional Liability Fund. You don’t need to do it all, and you don’t need to do it alone. There is help. It may be that you would benefit by blocking out time for a second brainstorming session. Use this appointment to identify three things that are important to you that you can realistically accomplish in the next twelve months. Save your original list, but table it for now.

The Payoff

You can do this. Remember, if you are overwhelmed pick the top three things you know can be accomplished in the next twelve months. Save your other ideas, but table them for now.

Stay motivated! Improving workflows will make your life easier by eliminating unnecessary, repetitive steps. This will reduce your stress and free up more time. Who doesn’t want that? And with three or more successes under your belt, I know you’ll want to keep going.

All Rights Reserved 2018 Beverly Michaelis

 

Billing Practices and Lawyer Compensation

The new OSB 2017 Economic Survey is available for download. In it, you’ll find a plethora of information about Oregon lawyers, including employment characteristics, compensation, billing practices, career satisfaction, and future plans.  Here are a few highlights:

Employment Characteristics

  • 28.3% of survey respondents reported being a member of at least one other state bar.
  • 86.1% reported working as an Oregon lawyer; 13.9% were not.
  • Lawyers who chose to work part-time did so to maintain work/family balance, pursue other career interests, or because they were semi-retired.
  • Slightly more than 60% of working Oregon lawyers reported being in private practice, with just under 20% in government positions.
  • The most dominant areas of private practice are business/corporate (transactional and litigation), civil litigation (plaintiff and defense), tax/estate planning, family law, and real estate/land use/environmental.
  • The most common practice size was a 1 lawyer office, followed by 3-6 lawyer offices, and 7-20 lawyer offices.

Compensation

  • The statewide mean compensation was $143,277.
  • The amount of compensation was highest in the Portland metro area and lowest on the Oregon coast.
  • The highest paying area of practice was real estate/land use/environmental.
  • Statewide, female lawyers reported earning less than male lawyers.
  • Peak earning years were 50-59, with compensation generally decreasing after age 60.

Billing Practices

  • Statewide, the mean hourly rate was $286, ranging from $226 to $324 regionally. (The highest reported hourly rate was $850 in Portland.)
  • By area of practice, the highest hourly rate was for business/corporate – litigation, with a mean of $333.  Other top billing areas were: real estate/land use/environmental, civil litigation – defendant (excluding insurance defense), and business/corporate – transactional.

Career Satisfaction

  • On a scale of 1-5, with 1 being very dissatisfied and 5 being very satisfied, lawyers statewide had a mean career satisfaction rate of 3.98. In general, the more years in practice, the greater a lawyer’s satisfaction with his/her career.
  • By location, employment, and area of practice, the most satisfied lawyers were:
    • In the Upper Willamette Valley
    • Working as judges or hearing officers
    • Practicing in civil litigation defense, real estate/land use/environmental, or criminal law (private bar).

Future Plans

  • 19.2% of lawyers statewide reported they were planning or contemplating retirement.
  • 6.7% were planning to leave the profession, but not retire.
  • Another 10.3% were planning to reduce their practices.

All Rights Reserved 2018 Beverly Michaelis

 

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