Winter Solstice – A Way Forward

Winter solstice began at 2:02 a.m. It is the shortest day and longest night of the year, when the Sun is at its lowest daily maximum elevation in the sky.

From this point on, the days will be getting longer. Symbolizing hope, change, and a path forward from 2020.

The Great Conjunction

Weather permitting, go outside an hour after sunset (5:30) and enjoy the great conjunction of Jupiter and Saturn. Look toward the Southwestern sky.

Getting On

Winter, the holidays, the pandemic… Maintaining hopefulness is more challenging than ever. We know the vaccines are coming, but they aren’t an instant cure-all. What can we do at home, in our personal lives, to boost our well being?

Ways to Stay Positive

  • Reach out to family and friends. Call, FaceTime, watch TV together on Sling, or play an online game.
  • Meet new people. Download NextDoor, a free, private social networking app for neighbors. Introduce yourself and reach out to others with the same interests. Find things to buy or sell. Get suggestions on local businesses or to-go food from neighborhood restaurants.
  • Go outside. Walk, hike, bike. For Portlanders the Lan Su Chinese Garden is a special place to visit in the rain, something the garden specifically encourages. And Lan Su is open! Just wear a mask.
  • Plan a day trip. Make a lunch, gas up the car, and drive. We’ve all been cooped up and each of us is over it. But no matter where you live – especially in our state – there’s a great place to visit within a one or two hour drive. Why not hop in the car and go? Mask up if necessary and shy away from crowds.
  • Find a new do-at-home activity. Etsy is a great place to buy inexpensive DIY craft kits. Go beyond your comfort zone. Revisit a lost or neglected skill or try something new. Have fun. It doesn’t matter whether it “turns out” or not.
  • Do something to brighten someone’s day. If you’re of a mind, Pay It Forward the next time you’re in line for coffee or make a neighbor smile. Cut sprigs of greenery, tie up with ribbon, yarn, or twine, make a loop, then hang on front doors. Herbs like Rosemary or small branches from evergreens work well for this.
  • Volunteer for one of the many Oregon pro bono programs.
  • Thank people you appreciate – nonprofits, colleagues, grocery clerks. Say it, send it, make a day of it. Criticizing is easy. I do it too. But don’t forget appreciation.

All Rights Reserved 2020 Beverly Michaelis

2020 in the Rearview

Photo by Bich Tran on Pexels.com

COVID, wildfires, court operations, and closures dominated headlines and our lives. So did the tech world, the hard work of staying productive, and not letting the stress of it all get to us.

Hopefully you found some useful posts in 2020. If you’ve been battling procrastination, there is help. If you need to jump start your marketing, I did a four part series in July. If collecting fees has been … challenging … I have a few suggestions. Here’s a recap of substantive topics covered in the past twelve months. And here’s to 2021!

COVID

COVID Generally

COVID and Marketing

Reopening Your Firm

WFH (Working from Home)

Technology

Motivation and Productivity

Oregon Wildfires

Courts

Well Being

eDiscovery

Ethics

Fees and Finances

Malpractice

Client Service

Staff

All Rights Reserved 2020 Beverly Michaelis

Plan for 2021 by Reflecting on 2020

When was the last time you paused, thought about the recent past, and made a plan for the future?

I know. You’re busy. Clients are calling. Cases demand attention. But you do too. STOP. Now.

The first step is easy

Open your calendar, find a free time slot. Preferably an afternoon, but I’ll take an hour if that’s all you can find. Set a date to reflect and plan.

When the time arrives

Don’t blow it off. Put files, to do lists, and your phone aside.

Set the scene by transitioning away from work. Take a quick walk or listen to music for a few minutes. When you’re ready, sit down with pen and paper. Avoid electronics, as the tendency to stray into work may be too tempting.

Take a self audit

What went well this year? What went poorly? Where do you want to be in 2021? Any ideas about what you might do differently? If no thoughts come to mind, make a list of people you can call. Talking through what to do and how to get there can be a tremendous help.

Access resources

The ABA COLAP Cafe recently reprinted an excellent article on conducting a year-end self audit. Access it here. Take advantage of our own LAP (lawyers assistance program). The Oregon Attorney Assistance Program is free and confidential. If you know you want change and are at a loss about next steps, or just want someone to run your thoughts by, the OAAP can help. Visit the OAAP website to contact an attorney counselor. Consider scheduling a phone conference now as a follow up to your reserved planning date.

2021 is coming. We can make it better than 2020.

All Rights Reserved 2020 Beverly Michaelis

Reminder: Face Masks Required in the Workplace

With more offices reopening part or full time, a reminder that face masks are a requirement:

Face shields are not recommended unless you are speaking to someone who relies on lip reading to communicate.

Need Signage for Your Office?

Visit the Oregon Health Authority website, scroll down, and locate the “Masks Required” Sign for Business icon. Select the drop down and choose the appropriate language or large print version.

COVID and Law Firms

Consider these headlines from the ABA Journal:

May 2020 – Law firm revenue takes nosedive during COVID-19, new survey data shows

  • Roughly 81% of law firms have seen their revenues drop during the COVID-19 pandemic
  • 27% of firms experiencing loss of revenues saw business decline by more than half
  • Nearly 20% of firms have been forced to shrink their staffs
  • More than 60% said they believe it will take from four months to a year for their firms to revert back to their financial positions before COVID-19

June 2020 – Top law firms fared surprisingly well during COVID-19 pandemic, survey says

  • Demand for the first five months of the year was down only 1.4%
  • Cash collections were up more than 3% through May
  • Expenses were essentially flat as law firms reduced discretionary spending
  • 54% of the law firms reported increases in client requests for discounts in May, compared to the previous month
  • 52% reported more requests for extensions the same month
  • Lawyer layoffs have been modest
  • Layoffs of nonlegal staff members have been concentrated in jobs that don’t lend themselves to remote work
  • Transactional practices, such as corporate and real estate, were most affected by the slowdown
  • Practices have been active in bankruptcy, banking, labor, and employment
  • Liquidity is good, with almost 90% of law firms having the ability to cover at least three months of monthly expenses, excluding partner draws
  • More than 50% of the surveyed law firms cut or delayed partner contributions, which gave them more cash on hand

So… which is it?

Good question! There’s a difference between a nosedive and faring surprisingly well, although the devil is in the details.

The top law firm data is based on a survey of 52 of the nation’s top 100 grossing law firms and 20 midsized and regional law firms. Such a list would include very few, if any, offices with a presence in Oregon.

Additionally, the data was gathered four to five months ago. Measured in COVID time, which eerily resembles dog years, the survey feels outdated. Notice too that the firms judged to be “doing well” nonetheless laid off staff and reduced spending. Half received requests from clients asking for discounts and extensions, which were no doubt granted.

Either way we know our truth. Oregon is a state largely comprised of small firms and solo practitioners – lawyers who make a living but aren’t among the nation’s top money-wise.

So as we work to restore our livelihoods and practices, what should we keep in mind?

Five thoughts to keep in your head

  • We can and will bounce back.
  • Continue following COVID guidelines and don’t let your guard down. Staying healthy ensures that your practice remains open.
  • Deal in facts. Know the economic indicators for your firm.
  • If you have been neglecting marketing, you absolutely, positively must get going.
  • Make a plan and take action. Now might be the time to consider other practice areas.

What to do next

Work on your mental mindset

You are more resilient than you think.

Consider the tough times you’ve lived through. Losing someone you loved, struggling over student loan debt, or ending a relationship. It felt bad at the time, and I am not minimizing how bad. However, you did survive. You are here. You moved forward.

Furthermore, I am willing to wager that you had help. Someone supported you. Said something or did something that made you feel better. Reach out to those people today. Reach out to the attorney counselors at the OAAP for free, confidential assistance.

Your physical health

If you don’t take care of yourself, you won’t be able to help others.

You know what to do to stay physically healthy, so you won’t see it repeated here. Mental health is another matter. If you are struggling, pick up the phone and call the OAAP. They can help.

Just the facts mam

What are your outstanding accounts receivable? How many clients are 60 or more days overdue? When did you last compare your actual income and expenses against budgeted projections? Do you have a budget?

Financial management may not be fun, but we have to deal in reality. You can’t guess who owes you what or how much, you’ve got to know. Start now.

Begin by adjusting or creating a budget for the remainder of 2020. Yes, I know we only have four months remaining in the current year, so this is a task you could easily procrastinate about. Don’t do it. Face the numbers now while time remains to make a plan and take action.

On the expense side, ask for no-penalty extensions, negotiate new rates, request discounts, and get tough on discretionary spending. You may need to collect retainers for litigation expenses you previously fronted.

On the income side, get on top of overdue accounts. I’ve said it before: the most effective thing you can do is pick up the phone and talk to your clients. Screw up your courage and do it. Accepting monthly payments or a discounted amount due is better than no money at all. Offer contactless payment through your website or Square account, accept Zelle or Venmo. Be flexible. Find out what works best for clients.

Marketing

I devoted the month of July to marketing tactics centered around the new normal of COVID-19. If you didn’t catch those posts, or need a refresher, access my blog archives from July. From the home page, locate the sidebar on the right portion of your screen. The archives are midway down the page.

Make a plan

You are in control. Make a written list of what you will do differently, starting today and in the future. Be specific and lay out next steps. For example:

  • Read up on COVID and marketing. Identify 5 or more ideas you want to pursue. Set timelines for each and execute your plan.
  • Prepare a budget-to-actual comparison. Identify what you need to adjust, and act accordingly.
  • Review accounts receivable. Decide on a strategy for each overdue client and begin making calls.

Commit by scheduling out each planned activity. Allow adequate time to get tasks done and don’t overcrowd your calendar.

Scheduling isn’t busy work. It protects your intentions to follow through on your plan and increases the likelihood you won’t brush tasks off.

If you really want to ensure success, find an accountability buddy. Another lawyer is nice, but not necessary. Anyone who is willing to partner with you in goal setting will work. The purpose is not to critique, but to incentivize you to follow through because you’re answering to someone other than yourself.

Once you have a buddy, schedule weekly phone appointments. You won’t be sharing confidential client information. This is a “how did you do this week?” type of conversation and it doesn’t have to be a major time suck. If you want the exchange to go a bit deeper, obviously it can. You can ask for feedback and offer suggestions. It’s up to you.

All Rights Reserved 2020 Beverly Michaelis