Brian Tannebaum

The Practice: Technology and the Lost Art of Unavailability

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This week’s column was initially going to be about setting fees, but then two lawyers pissed me off so I’m now writing about why technology sucks and needs to be controlled like a screaming 2-year-old on an airplane.

I took Friday off to chaperone a field trip with one of my kids to the Everglades. I promise if I ever get a Pinterest account I’ll post all the pictures of the alligators. On Thursday, I did everything but wear a shirt that said, “I WILL NOT BE IN THE OFFICE OR AVAILABLE FRIDAY.” I also emailed some annoying people that haven’t been out of their office, ever.

That day, one lawyer I emailed responded something to the effect of, “I know you’re going to be out tomorrow but,” and then asked me to do some work on our matter. The other lawyer called Friday morning, was told I was out and said, “Can you have him call me to discuss a case even though he’s out?”

Yeah, we all have smart phones, we’re all getting email in real time, and regardless of what we’re doing, the other side can’t comprehend that we are either really not available, or just don’t want to be available. Maybe we’re looking at alligators with our kids while our phone is back on the bus.

Being out of the office (and for those that don’t have an office, “being out of the office” is a concept, not a physical geographical location issue) is something lawyers need to do to avoid hating the practice of law, but it is becoming more and more looked down upon….

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The Practice: Political Networking

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Although lawyers make up 43 percent of Congress, and 60 percent of the U.S. Senate, according to Governing magazine, “[s]ince 1976, the number of lawyers in legislatures has declined by nearly a quarter, from more than 22 percent of all lawmakers to less than 17 percent.”

There, of course, is a natural path from lawyer to legislator. But the low pay, travel, time commitment, and mud slinging that we see on TV and the internet turn many lawyers away from public service.

The current political landscape also causes lawyers to be uninterested in participating in politics at any level, whether it means lobbying, running campaigns, fundraising, or attending political functions.

It’s a mistake…

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The Practice: Getting Involved in the (Offline) Community

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In preparation for this article, I did a Google search for “lawyers getting involved in community.” The first result was some article about pro bono. Let’s be honest: in 2012, why would a lawyer trying to build a practice spend time doing free legal work for the needy instead of trying to figure out whether Pinterest can be monetized to bring in clients?

Being a lawyer who is involved in the community, I used to be frequently asked, “Hey, I want to get involved in the community, can you tell me how?” I don’t get asked that much anymore. “Community” is considered “the Twitter community,” or “the blawgosphere.” While the tech hacks haven’t yet declared community involvement “dead,” the fact that the result of becoming involved in the community is often organically-developed, real relationships with other like-minded people that may lead to business, is unattractive to those that have bought in to the notion that a collection of followers and friends online is a quicker path to lots of phone calls.

So if there are any lawyers left out there that are still contemplating community involvement, I offer the following….

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The Practice: Fewer Clients

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“Fewer clients.” This is the ideal that began the story of the transformation of Jerry Maguire.

Haven’t seen the movie? Watch it. Absorb it. It’s a great premise by which to build your practice.

Now that January is over, an invaluable piece of paper walked in to my office. In prior years, I attempted to mentally keep track of who called me and who hired me, but I wound up forgetting a lot of the details. This year I’ve made some changes. On a monthly basis, I’m reviewing prospective clients who called, as well as who referred them, who took their calls, their case types, and whether I was retained.

The percentage of calls-to-retained used to be “most.” Most potential clients that came to my office retained me. I made it easy. I’d bring them in, spend some free time, smile a lot, negotiate the fee, and get the case.

Now that percentage has gone down, way down.…

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The Practice: Do You or Your Client Understand the Scope of Representation? (Part II)

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So the matter/case (whatever you call it) is over. You’ve resolved the contract dispute, formed the corporate entity, ended the marriage, had the criminal case dismissed, resolved whatever the client’s issue was for which you were retained.

You’ve taken my advice and narrowly defined the scope of representation in your written, signed, retainer agreement. Now what?

Your guess is that you send a nice letter advising the client that you’re done here, thanking them for retaining you, and possibly reminding them that there’s a balance due.

Not a bad idea.

Not the best idea, but not a bad idea.

I suggest that the end of your representation is where you give the free consultation, instead of at the beginning.

Time for a face to face meeting with the client, to continue the relationship. Time to ask: “Is there anything else I can do for you?”

I’m terrible at this. I rarely do it. I generally say goodbye to the client in court, or with a phone call and tell them to “take care.” I may say, “Call me if you need anything,” but I don’t often take the extra step to continue the client relationship. Many times the relationship is already established through the representation, so I don’t feel the need for the face to face “exit interview,” but I’m missing out on an opportunity, and I know that….

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The Practice: Do You or Your Client Understand the Scope of Representation? (Part I)

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Be forewarned: I’m citing case law here, so if that scares you, stop reading now.

There are two things lawyers are doing wrong when it comes to scope of representation, as in, “What is your obligation to this client?”

The failure to comprehend this critical concept begins when you are retained, and rears its head again when the representation is over.

So let’s talk about the dumbass things you are doing to complicate your life, and how to fix them.

First, understand that there are few things more important than a “scope of representation” clause in your retainer agreement….

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The Practice: How Much Money Can You Make at a Small Law Firm?

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Oh, you’re all running here now. You saw the title. Here you come. Click click click. It’s all you want to know. And by you, I mean those who claim to love Biglaw, but would jump to your own place or a smaller firm in a second if you “could make the same money.”

I know.

I know when you call me, when you come to my office to discuss the “possibility of leaving,” that it’s the only thing on your mind. Sure, you want your name on the door, more freedom, more client contact. But you just have one real question. One real fear. One real concern. One thing you need to convince your better half of before you make “the jump.”

Can I make the same money?

Here’s the answer….

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The Practice: Who’s the Idiot That Invented Three Name Referrals?

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Yeah, I’m back.

And I want to know when lawyers will stop using opportunities to give referrals as a panicked strategy of covering their asses.

You know what I’m talking about — the “three names” idiocy?

Whether you’re on a list-serv and the 27th “I’m looking for an excellent, aggressive, and inexpensive lawyer” request of the day has donned your computer screen, or someone actually thinks you are worthy of a phone call or email requesting a lawyer to save their life or fortune, let’s just agree to stop being wimps and meaninglessly passing along names, and start giving real referrals.

I know, you were taught this. You never give one name. Why? Because what if it doesn’t work out? Then you’re going to have some sort of imagined problem that someone told you could be very, very bad.

And yes, I know, people like choices. You feel like you’re doing them a service by giving them lawyers from which to choose. But you’re not. You’re just uselessly giving out names.

One of the deep, deep dark secrets (shh) of being successful in small-firm world is your ability to be more than just a paper-pushing, time-keeping drone. The ability to be a “connector” is just as — or more — important than your ability to practice your trade. If you are in a niche practice, there are more people who won’t need your services than will, but that doesn’t mean they shouldn’t have a reason to call you — like the reason that you are the one person who always gives them the best referrals.

Have you received those emails? “I know you don’t do this work, but you always seem to put me in touch with the best people, so I’m now looking for _______.”

No?

Let me, as usual, help you….

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The Practice: Goal Setting – Non-Billable Hour Edition

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If you’re a lawyer, and some of you that read this are, you know it’s time to start trying to convince yourself that you’re going to do wonderful things “next year.”

Advice is readily available on the internet about the proper way to set goals, but as usual, I am here to help you ignore all of that. No reason to go to websites like mindtools.com that begin with a clear shot at Biglaw by stating: Many people feel as if they’re adrift in the world. They work hard, but they don’t seem to get anywhere worthwhile.

So mean.

Anyway, here is my surefire way to have a great 2012 as a lawyer….

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The Practice: Enough with the Worthless Networking

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Being a small firm lawyer usually means that you’re not a cog in the wheel of some multi-national corporation while enjoying their stream of business sent to your firm because of someone on another floor. Small firm lawyers either have to blow their brains out on ads featuring their angry mugs (arms crossed in aggressive, “fight-for-you” anger), direct mail, or the art and science of talking to people and developing relationships, otherwise known as networking.

In this arena, there are two types of lawyers: Those that “don’t do networking,” and those that do it because it is required to establish a word of mouth practice. I know you think there’s a third — those that love networking, but those lawyers are to be avoided at all costs. Lawyers that love going out after work and eating bar food, drinking low-level vodka, and asking “so, where’s your office,” are rejects. Ignore them. They just want to give you their business card the minute they lay eyes on you and tell you to “call (me) whenever you have a (usually PI or real estate) matter.”

For those that want the word of mouth practice, and the reputation in the community as a go-to person (assuming you are a competent lawyer, and these days, that’s a big assumption), here are some things to consider….

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