Tag Archives: Staff

How to Terminate an Employee the Right Way

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Let’s face it, no organization is immune from having to make the tough decision to terminate an employee. Of course no one likes to do it, but that still leaves the real question of how and when you should do it? This is especially true for lawyers beginning a new practice or expanding their existing practice…

via Breaking Up Is Hard to Do: How to Terminate an Employee the Right Way.

Assuming the employee has not committed an act that warrants immediate termination, consider these suggestions from the post referenced above:

  • Document, Document, Document: Scrupulously document disciplinary issues (if it’s not documented, it’s as if it didn’t happen).
  • Start with Warnings: When addressing performance issues, consider using a progressive disciplinary approach: For example, an escalating series of verbal, written, and other more serious notifications to the employee so they can attempt to improve their performance. However, this would not apply to serious performance breaches, nor for new employees who clearly don’t have the skills for the job.
  • Be Consistent: Take the same disciplinary approach for all employees—being mindful of each individual’s unique background and characteristics such as race; color; religion; pregnancy; gender identity; sexual orientation; national origin; age, 40 or older; disability, visible or invisible; or genetic information.
  • Document Some More: Always document the termination with a concise termination memo. If you do not provide the reason(s) for termination, the employee might assume the actual reason for their discharge was due to whatever protected category applies to them, such as race, gender, or age.
  • Don’t Waver: In the termination meeting, be professional but firm in your decision. The termination memo should do much of the talking for you.
  • Stick to the Script: Do NOT say anything different to the employee than what’s included in the termination memo—this is not the time to be overly reassuring and retreat from the true reasons for discharging the employee.
  • Go in as a Team: Try to have a manager who knows the employee present for the termination. A team approach—two management representatives, or a management representative and a human resources representative, or a management representative and a career counselor, etc.—is preferable because one person can take notes and there will be more than one witness to confirm what is said.

The Professional Liability Fund offers a Checklist for Departing Staff and sample office manuals, which may be helpful. From the home page, select Practice Management > Forms and peruse the “Staff” and “Office Manuals” categories.

All Rights Reserved 2019 Beverly Michaelis

 

7 Steps to Building Better Client Relationships

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Join me for a CLE on Wednesday, December 6, 2017 about how to cultivate your network, balance client expectations, proactively control social media content, meet client needs, and become more client-centric by exploring the 7 steps to building better client relationships:

  • Capturing better clients
  • Polishing communication skills
  • Advancing client service through technology and staff
  • Managing social media
  • Improving client satisfaction
  • Strengthening client retention
  • Renewing relationships

Topics include how to CYA the right way, how to say “no” gracefully, dos and don’ts when responding to negative online reviews, how to thank clients as part of your everyday, the simple six-step process to stay in touch, and why you should modernize fee arrangements and billing.

Date/Time/Location

Wednesday, December 6, 2017 from 10:00 a.m. to 11:30 a.m. Pacific Time. This is a live, online webinar.

Who Should Attend?

Lawyers, office administrators, or staff – anyone interested in building better client relationships.

Group Discounts

Discounts available to firms who wish to register 5 or more attendees. Contact organizer to arrange a discount code before registering: beverly@oregonlawpracticemanagement.org.

Does the Program Include Written Materials?

Yes. Written materials are distributed electronically with your registration confirmation.

Ask Questions/Live Polling

Questions are welcome during the live event. Attendees are also encouraged to participate in live, anonymous polling.

Registration Fee

$25 – Visit the Upcoming CLE page, click here, or choose the Register button below. Secure payment processing powered by Eventbrite. Visa, MasterCard, Discover, and American Express accepted. Program materials included in the registration price.

Eventbrite - 7 Steps to Building Better Client Relationships

MCLE Credits
1.50 practical skills pending.

Can’t Attend?

Video and audio recordings of 7 Steps to Building Better Client Relationships will be available to download along with the program materials following the December 6 CLE. Price: $25. Contact me or visit my online CLE store after December 6.

All Rights Reserved [2017] Beverly Michaelis

The Importance of Following Up

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Today’s post is inspired by Ben Schorr, technologist and senior content developer with Microsoft, who has “been in this business long enough to remember when Al Gore invented the Internet.”

Being the all-around smart guy that he is, Ben recently posted:

Follow-up is one of the most important skills you can have in business.

Ben couldn’t be more right, and let me tell you why.

Clients

When is the last time you checked in with your clients? Asked how they are faring? Provided them with a status update?

Nothing is more aggravating to clients (and more damaging to client relations) than failing to follow-up. Avoid this trap by establishing an office system that reminds you to reach out and make contact.  It can be as simple as a tickler system or reminder app. Consider the advantages of interactive web portals that offer clients 24/7 access and apps like Zipwhip that let you send scheduled texts and auto-replies to clients.  Are phones overwhelming you? Worried about missing client calls? Start using Call Ruby. (Discounts are available to Multnomah Bar Association members.)

Tasks and Deadlines

Always create follow-up reminders for all outstanding to-dos and deadlines – particularly those that require action from someone else.

  • Include everything to ensure you get what you need to complete tasks on time and avoid a potential malpractice claim.
  • Include everyone who owes you information, documents, or an undertaking. Clients, co-counsel, opposing counsel, associates, staff, medical providers, investigators, and process servers are the tip of the iceberg.

Staff

Staff also deserve follow-up. Brief weekly meetings can cover a lot of ground: staff workloads, pending projects, your schedule, and responding to staff questions. For tips on working with and delegating to staff, see Revisiting Smart Delegation.

Finances

It’s been almost 7 years since I penned Accounts Receivable Do Not Improve Like Fine Wine, but the advice has not changed. You simply must follow-up on your finances:

Marketing and Business Goals

Follow-up is key when it comes to goal setting. Start by quantifying what you want to achieve, then be accountable (that’s the follow-up part). Whether it’s a business plan or a marketing plan, you are only cheating yourself if you don’t take the time to measure your results.

I’ve written extensively about marketing this year and prior years, both incidentally and deliberately.  If you’re looking for social media tips, resources for market research, how to calculate your marketing costs per case – you’ll find those posts here.  Use the Search feature at the top of my blog or under Categories choose “Marketing.” Whatever you do: follow-up!

All Rights Reserved 2017 Beverly Michaelis

Revisiting Smart Delegation

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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

 

 

 

 

 

 

 

 

 

Choice of Entity for New Lawyers

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coffee-cup-and-docs-bought-at-ssChoosing a legal structure and entity type for your law firm seems like an easy decision. But is it? Consider the following scenarios:

New lawyer establishes law practice with the goal of becoming an associate

If this is you, being a straight-up sole proprietor may be the best choice, assuming you have no employees.

A sole proprietorship is the simplest and most common structure chosen to start a business:

  • No formal action is required to start your business
  • It’s inexpensive
  • No papers to file
  • Nothing to dissolve
  • Simple tax preparation

When you’re ready to make the move from running your own practice to becoming an associate, the transition couldn’t be any easier.

On the downside, sole proprietorship means you have unlimited contractual liability and potentially higher taxes.

But how significant is the liability exposure?

Lenders, property managers, and others with whom you do business will typically require a personal guarantee for loans, leases, or other business transactions.  A personal guarantee means YOU are on the hook, even if you form a professional corporation or single-member limited liability company. As a result, contractual liability protection doesn’t count for much in evaluating whether to form an entity.

The real choice between sole proprietorship and forming a PC or single-member LLC comes down to taxes and the trade-off between potentially saving money (with entity formation) and simplicity (going with the sole proprietorship model).  Talk to a CPA so you can make an informed decision.

What if I’m planning to practice business law or intellectual property?

Why would your area of practice make a difference?  And didn’t we just say entity choice is driven by risk aversion – wreaking whatever benefit you can from contractual liability protection – and saving money – courtesy of a lower tax burden?  So what difference could practicing business and IP law possibly make?

If your goal is to help clients form entities and protect intellectual property, it could look a little odd that you haven’t followed the usual formalities in establishing your own business.

Fair or not, client perception counts.  So does marketing.  And part of marketing is how you brand your law firm.  Appending a PC or LLC designation to your business name may actually be an important part of how you choose to present yourself to potential clients.

If you plan to have employees …

This is an entirely different ballgame.  Without a doubt, form an entity. If you are a solo, choose a PC or single-member limited liability company (LLC).

Both entity types offer liability protection for non-professional torts committed by your employees.  The contractual liability protection discussed above will also kick in.  Talk to a CPA, but the likelihood is that forming an entity will also result in a noticeable tax savings.

If you plan to practice with others …

This is another occasion when forming an entity is a no brainer.  Do it for the avoidance of liability discussed in the preceding paragraph and for the limitation on vicarious liability.  The ideal structure may be to form a sole owner PC or single-member LLC that belongs to the firm’s entity. This may allow you, as the individual lawyer, to completely escape personal vicarious liability.

Multi-tier entities are complex, administratively messy, and no longer have the tax benefits they once enjoyed.  BUT avoiding vicarious liability is a big plus.  To learn more about this strategy, read Choice of Entity for a Legal Practice and Lawyers as PCs, LLCs, & LLPs in Oregon, referenced below.

Being fully informed in the premises

This post skates over some pretty significant content that deserves more in-depth thought.  Do your homework.  Recommended reading includes:

  • Sole Proprietorship as a business structure choice, courtesy of the Small Business Administration.  While you’re on the SBA site, poke around.  There is a ton of great content here.  And don’t forget about the help and resources available from the Small Business Development Center.
  • Law Firm Choice of Entity, from the ABA Young Lawyers Division.
  • Choice of Entity for a Legal Practice in Oregon, available on the PLF website. Select Practice Management > Forms > Entity Formation for Lawyers.
  • Lawyers as PCs, LLCs, & LLPs in Oregon, available on the PLF website.  Select Practice Management > Forms > Entity Formation for Lawyers.
  • Tax Considerations for Choice of Business Entity, Chapter 3 of the OSB CLE Seminar Handbook Broadbrush Taxation: Tax Law for the Nonspecialist (2015). Available in BarBooks behind the member login on the OSB website.

Most importantly

Talk with a CPA.  I can’t say this enough.  This is one of the best investments you can make in getting your practice up and running.  A CPA can help you determine whether forming an entity will result in tax savings.  He or she can also help you select an entity type – which is highly driven by tax considerations.

You’ll also learn about property tax, business income tax, business licensing, and other obligations you may not be familiar with – all of which are determined by where your business is located.

All Rights Reserved 2017 Beverly Michaelis