The Practice

The Practice: Engaging the Client, Before and After You’re Retained

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Before I provide some advice on client relations that will be deemed “totally wrong” by some and “good advice” by me pretending to be anonymous, I wanted you all to know that I bought a wireless printer that allows me to send documents from my phone, wherever I am, to my printer at my office. Although I currently have no use for this feature in my law practice, and haven’t in 17 years, I hope this puts me in better stead with those of you that think I hate tech.

Now let’s talk about clients, for those of you that have some.

The core of running a practice is machines and toys clients. That you are able to do competent work for clients doesn’t matter if you are not versed in the retaining and retention of them. The retention of any client starts at the initial contact, not when they come to your coffee shop office with a check. For those of you who have practices where you never meet with clients, your initial contact with them (unless it’s them using your website as an ATM to buy documents) is even more important.

While you may be in a position where the client is only calling you, most clients are calling several lawyers. Regardless, you are now auditioning for the job. That audition begins at the very moment you first speak to the client, or the person calling for the client….

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The Practice: Understanding Solo Practice Advice From Non-Full-Time Lawyers

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An article came out this week musing on solo practice from resident tech tweeter Niki Black. I felt bad there were no comments, so I thought I would write one.

From Black’s article: “Nowadays, however, it’s much easier to launch a solo practice with a minimal up front investment. All that’s really needed is a small amount of savings, a laptop, a smart phone, and an Internet connection.”

There you have it. We’re done here. All you basement-dwelling “my law school screwed me over by lying to me” bitter and broke lawyers now have the golden ticket: a few bucks in the bank, a quick trip to Best Buy, and voila — a solo practice is born. You heard it here — “[a]ll that’s really needed” is… tech!

And let’s not get into other necessities, like opening an operating and trust account, incorporating, learning the proper way to pay yourself and the IRS, securing appropriate insurances (life, health, disability), maybe having an address to receive mail that isn’t your parents’ house, figuring out how to properly organize and store client files that aren’t in the precious “cloud,” and understanding your state bar’s advertising rules.

I’m sure there are a few dozen other things I’ve missed, but hey, you can only handle so much, right?

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The Practice: Debating Failure, Solo Version

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Hardly ever Every so often an interesting email comes across a lawyer listserv. The good ones are hard to find in the middle of, “Does anyone know a really fantastic and also really cheap lawyer in (some town no one’s heard of where there are no lawyers or courthouses) for my friend who got fired for being late 16 times but he says he was discriminated against,” or, “I know this question has been asked before (every week) but….,” or, “What is the best printer for a lawyer with no practice?”

And then there’s Solosez. This is the listserv for solo practitioners that has all the answers, except to many of the lawyers there who believe it is evidence of the end of the profession. Every once in a while I see an email from Solosez, sent by a young solo who wants to show me evidence of why they may off themselves. (Note: As a result of this disclosure, there will be an email on Solosez reminding members not to forward any evidence that what I’m saying is true emails to Brian Tannebaum anyone.)

Recently, in a moment of rare honesty by a lawyer, a solo wrote to tell fellow Sezzers (I did not make that up, they actually call themselves this) that they had failed at solo practice….

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The Practice: When The Referral Source Is A One-Way Street

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For those ignoring the unemployed “future of law” idiots typing away from their kitchen table in some crap city with a regional airport and instead still living in the universe where you believe practices can be built and survive on the referrals of others, I have some advice on maintaining your referral base. Some good stuff here, so keep reading if you actually practice law and have to bring in business instead of living off the originations of lawyers who people actually hire.

A referral base is sometimes, but not always, a two-way street. This is where honesty comes into the equation. There may be a lawyer who refers you business, to whom you would never refer business. There may be those lawyers who refer you business, but you have never had the opportunity to send them any. On the other hand, there are those lawyers to whom you send business, who haven’t sent you anything.

Referrals from other lawyers happen for two reasons, either the lawyer is your BFF, or because they know your reputation in the practice area. Sad news for some of you, your reputation, as I’ve said before, is not based on how many people have accepted your begging them invitation to write online testimonials about you….

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The Practice: Conferences and Self-Fulfilling Prophecies

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This past week, I was in Chicago for a national conference of professional responsibility lawyers. We usually meet in the same city and at the same time as the ABA, as we have many dual members (no, not at the same time as ABA toy tech show — I’m talking about the ABA meetings where real lawyers discuss law and policy). So although I don’t attend the ABA meetings, those that do come over to our conference and vice versa.

One of the benefits of attending national (real) lawyer conferences as a small-firm lawyer with a real practice (not the social media conferences where broke and unemployed non-practicing lawyers hang out in the vendor hall), is that besides learning something, you have the ability to network and develop relationships that may turn into referrals. I hear lawyers talk about not going to conferences because of the cost. The cost, including transportation, hotel, and conference tuition should usually be no more than $1,000-$1,500. If investing that amount of money in your firm is not worth it, then you are doomed to be nothing. Stop reading now and go work on your internet presence….

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The Practice: Credit Cards, House Calls, Text Messages — Are They Beneath You?

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In the late 90’s, lawyers taking credit cards was not the norm.

Stores took credit cards. Restaurants took credit cards. Lawyers took checks and wire transfers, and yes, cash in rubber bands. It was typical lawyer arrogance and ego – taking credit cards turned the lawyer in to a merchant, and paying a portion of the fee (because if you check your state ethics rules and opinions you may find you cannot charge the client for the percentage you pay the credit card company… oops) for the convenience of the client being able to “charge it” was seen as unattractive.

I didn’t take credit cards at first, a couple years later I started, and now I take them under certain conditions. One, I don’t advertise that I take credit cards. No signs on my door, no indication on invoices. If the client asks, the answer is yes, but like many places, there is a minimum amount (and no, it’s not $20). For volume-type lawyers who charge small fees, credit cards are a great way to sign up clients and maintain a good cash flow. For those with bigger fees and smaller practices, it’s a last resort for that client that you believe may have an issue paying, or who just can’t come up with the retainer unless it’s charged on a credit card.

Visa and Mastercard rates are lower than AMEX, but in the end, you’re looking at getting about 96% of the fee once the percentage and transaction fees are paid. If you can’t survive on that, I can’t help you.

What about house calls?

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The Practice: Reputation Management (Two Words, Two Meanings)

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“We’re dinosaurs, Brian,” said the 12-year lawyer in my office last week.

We were discussing the way we get cases as opposed to the way “they do it today.”

I never thought I would be called a dinosaur at 43, after 17 years in practice, but the tech hacks and non-practicing lawyers who claim to know how to build successful practices have tagged me one. They say I’m a “dying breed,” and that “lawyers like me” will be extinct very very very very soon. I try to pay attention to them, as those who have failed at law, or have never run a law practice but can predict the future of the profession with a keyboard from their kitchen table in some crap town are always worthy of my time. Unfortunately, I am usually interrupted by yet another new client calling my office.

So my colleague, the 12-year lawyer, says we’re dinosaurs. Neither of us pays an internet marketer, or buy lists of prospective “leads” to contact. Our way of getting cases isn’t as interesting. It’s usually: “Remember that guy I represented seven years ago on that thing? The referral came from him,” or, “Remember that lawyer we had that case against who we hated? He referred the client.” Our way took a while, but it was worth the long while.

Ask some “old” curmudgeon lawyer like me what “reputation management” is, and I will tell you it’s managing your reputation. It’s conducting yourself in a way that won’t cause you to have a “bad reputation,” or a “questionable reputation.” It’s about showing up to places on time, not chronically canceling, being honest, not looking like a slob, not filing documents that are nonsensical or full of typos, being professional with opposing counsel, being a zealous advocate in front of judges trying to silence you, and being asked to speak, write, and give opinions on important issues. That’s reputation management….

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The Practice: ‘Money’s Not A Problem,’ And Other Reasons To Hang Up The Phone

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One of the main differences between small law firms and Biglaw is who hires the lawyer. While both receive calls from the actual individual (person) client, general counsel, or corporate representative, the consumer-type disciplines (personal injury, criminal, divorce, employment (plaintiff), and immigration) are usually smaller shops, and usually get the call from the actual person needing representation.

Most of the time this person has never hired a lawyer. So the conversation will be much different than the call from a general counsel who understands typical billing formats, or an insurance company agent, who tells you what you’re going to bill and not bill.

I’m writing today for those who’ve been in small law firms for less than five years. The rest of you know the drill, you’ve heard the buzzwords and phrases, and (hopefully) you’ve taken control of your time in a way that shortcuts the worthless conversations from potential clients. From a business perspective, small law firm practice is an exercise in cash flow. While lines of credit are available, many small law firms don’t like to go that route. So every potential client is important, especially when you haven’t reached that stride where you can claim a “book of business.”

Saying “no” before the client makes it clear that it’s “no,” is tough. Did you just give up money? Was there another way to get the client “signed up?”

I draw lines. I am criticized for that, but it’s my practice and it’s worked for me. Normally when I don’t get the case these days, I hear about who got the case, which vindicates my choice to shortcut the conversation.

A recurring theme here is that what works for me may not work for you. OK. Did I ever indicate I give a crap?

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The Practice: What I Did On My Summer Vacation

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I’m one of those lawyers that goes on vacation. Not just long weekends, real vacations. I pity those of you that pride yourselves in announcing, “I don’t take vacations.” Good for you, you pathetic drone. I didn’t take vacations at first, as I was always fearful that someone would call to hire me on a non-emergency basis and wouldn’t wait until I came back. Now I don’t care. If you can’t wait until I come back, there are plenty of lawyers on the internet to hire that can take your PayPal payment online and send you whatever documents you think you need to handle your case.

When was I able to take my first two-week vacation and not worry about business? After 14 years in private practice. I say that because I know how patient all of you are out there.

First, let me congratulate the commentariat, who I found in San Francisco had turned their child-like recurring comments into a t-shirt business. See, there’s all kinds of ways to make money as an unemployed lawyer, not to worry. (For those of you that tell me you don’t read the comments, it’s okay, just look at the picture and imagine those phrases being said over and over again, anonymously.)

Anyway, when I’m on vacation, I think about my business. I think about what I love, what I hate, and what I want to change. There is nothing like thinking about your business (not the cases or the clients) while you are away from the phone calls (if your phone is ringing), other interruptions, the deadlines, and all the trappings of a lawyer’s day. (That was tip number one of today’s column for those of you shallow folks that can’t comprehend messages that aren’t in your face with drawings.)

One of the things I do a lot while I’m away is watch other businesses. I try to figure out how they make their money, why their employees are happy, or unhappy, why their customers patronize the store, restaurant, tour company, and how they handle problems. You’re an idiot if you are trying to build your law practice solely by watching how other lawyers run their practices. Client dynamics can be found in many places, and ideas come from everywhere. Most lawyers are doing it wrong anyway. (Enter tip number two — see how that works?)

Here’s what I saw over two weeks in California….

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The Practice: Something LeBron Said

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Yep, born and raised right here in Miami, Florida. I know, you hate me more now. Shucks. When I was a kid though, the only people who took their talents to South Beach were drug dealers, prostitutes, and movie producers depicting the place through the eyes of Tony Montana.

And now we are NBA Champions. We deserve it. We’ve waited a whole six years for this.

And you hate us. We love it, watching all of you whine and moan about how much you hate the Heat, hate Lebron, how Miami “bought” their championship. Yep, we bought it – cost a fortune too, you petty jealous nothings. We are the best, we are having a parade, probably right at the moment you sit in your miserable office, or Starbucks, and read this.

No surprise that I am a big fan of divisive people. I love watching the hate, the squirming when these people are successful, the “yeah, but…” commentary. I love watching losers nip at the feet of winners.

Lawyers love to do this…

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