rachelrcostc

[rachelrcostc]

Remember the Basics of Job Interviewing

Be prepared to make the most of today’s job market; keep these job interview basics in mind.

Lawyers have a reputation for being prepared. Yet it never ceases to amaze me how poorly lawyers prepare for job interviews.

Although I have no hard proof of this, my experience working with lawyers has shown they’re typically woefully unprepared. Instead of preparing, they wing it, thinking they’re smart enough to impress whoever is on the other side of the table or, nowadays, whoever is on your Zoom screen.

The Real Purpose of an Interview

Let’s first take a step back and discuss what the interview is for and what it is not for.

Contrary to what many believe, a job interview is not the time to impress people. In most situations, you’ve already impressed the employer. If they weren’t impressed with something about you from your resume, they would not be talking to you in the first place.

What is the purpose of a job interview then?

Instead of impressing, leave an impression. Specifically, that you’re easy to work with.

Employers already strongly suspect you’re capable of doing the work. Your resume tells them that. What they don’t know is whether you play nice in the sandbox.

Accordingly, treat the interview more as a casual conversation with someone you’ve just met at a social function rather than a Sunday morning news show grilling. In short, the tone should be casual and friendly.

The Four Interview Questions You Should Always Be Prepared to Answer

Now let’s turn to the most important questions you should be prepared to answer in a job interview. There are only four that I consider critical. They’re also pretty obvious ones that you probably already expect. They are:

Why do you want to leave your current job (or, if unemployed, why’s that)?

Why do you want this job?

Why do you think you are qualified for this job?

What distinguishes you from other qualified candidates?

Your answers should be short and sweet. One to three minutes should do it. If your interviewer wants to know more than that, wait for a follow-up question. And if you think you’re saying too much while you’re answering, you probably are.

Practice Makes Poised

Yes, I know you already think you know the answers to these simple questions. But can you answer them without hesitation and in a confident manner? I doubt it because that takes preparation.

Also, answering in your head is not preparing. Neither is talking to a mirror.

The best way to practice to ensure you come across as confident and poised is to have someone ask you each question and you answer it out loud. Now do that five times in a row. I bet your answer the fifth time is far better than the first time.

A final word of advice. Make sure you sound enthusiastic and confident. No one wants to hire someone who’s not excited about the prospect of the new job or appears a bit hesitant about whether they can do it. This is the final reason to practice with a live human being. Only someone else can tell you how you sound.

Don’t Waste the Opportunities Offered by Today’s Job Market

The job market is the best it’s been in more than a decade. If you don’t remember the simple basics of job interviewing, however, you’ll be unable to take full advantage of it.

The post Remember the Basics of Job Interviewing appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/job-interview-basics/ via http://www.rssmix.com/

[rachelrcostc]

Setting Out of Office Replies in Outlook

Setting out of office reply in outlook.

If your firm’s email is running via Microsoft Exchange Server, you can set up a separate outgoing out of office email to go to internal and external contacts — and even get it to turn itself off automatically when you’re scheduled to return.

Using Microsoft Exchange’s Out of Office Feature

If you’ve got Microsoft Exchange Server running your email, then you’ve got access to Outlook’s Automatic Replies, aka out of office feature. This feature sends one out of office message to each sender you receive a message from while you’re away.

To get to this screen, click the File tab in Outlook (the Tools menu on the ribbon on Macs).

The Automatic Replies dialog box is available when you click the Automatic Replies button.

Once you’re in the Automatic Replies dialog box, you turn on Out of Office by clicking the radio button next to “Send automatic replies.”

Notice that directly underneath, you can set a start and end date and time so you don’t have to remember to turn this on immediately before you leave the office or when you return. Outlook can take care of that for you.

Send Different Out of Office Replies to Different People

Also notice that, on the two tabs below the date range, you can customize the message going to people inside your office versus people outside of it.

You may want to give more details about your whereabouts and any while-you’re-away contact information to your co-workers, but tell the outside world you’re simply out and whom to contact in your absence. (For more on this, see my post “Beware the Four Most Dangerous Outlook Features for Lawyers.”)

Simply type the text of the outgoing email to your co-workers into the Inside My Organization tab, then switch to the Outside My Organization tab and type a different message there.

You can also limit the outgoing reply to just those people on your Contact list in Outlook. Or, you can turn off replies to outsiders altogether by unchecking the box next to “Auto-reply to people outside my organization.”

Click OK, and you’ll notice that the automatic replies area indicates that Outlook is now sending out of office messages for you. You’ll also see a bar across the top of your Outlook screen notifying you, as well as an indicator along the status bar at the bottom.

All three of these notifications allow you to turn off automatic replies whenever you want, or to adjust the settings.

Tip: If you are using Teams, you can set your auto-reply messages, or “status,” from your Teams profile picture, too.

Click here to read more of Deborah’s Microsoft Office tips.

Illustration ©iStockPhoto.com

The post Setting Out of Office Replies in Outlook appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/setting-out-of-office-replies-in-outlook/ via http://www.rssmix.com/

[rachelrcostc]

Captive ALSP’s Are a Dead End: Discuss

This is our original unedited version of an article which our friends at Thomson Reuters’ Forum magazine were kind enough to print in the current issue.  Now that they have had it exclusively for a suitable grace period, we reproduce it below for readers of Adam Smith, Esq. who might not be regular readers of Forum.   ALSP’s […] from Law and Politics https://adamsmithesq.com/2021/10/captive-alsps-are-a-dead-end-discuss/ via http://www.rssmix.com/

[rachelrcostc]

Lawyer Tech Tips: Things That Go Bump in Legal Tech!

In large part, remote-work tech tools have been a boon during the past months. But danger lurks behind certain tech when working from home.

SOMETHING WICKED THIS WAY COMES. Working remotely, whether part-time or full-time, requires a variety of technology. And, to be sure, remote-work tech tools are loaded with treats that keep our businesses humming while we work from home. But danger lurks behind certain technology, or the way lawyers and staff might use it.

What are some scary things WFH has revealed about lawyers’ tech habits? We asked our experts for some Halloween observations — as well as tricks for staying safe. Here are takes from Jim Calloway, Anne Haag, Tom Lambotte, Catherine Sanders Reach, Sharon Nelson and John Simek, and Ben Schorr.

Anne Haag: Beware the Internet of (Eerie) Things

If you or members of your team have IoT-connected devices at home like Amazon’s Alexa or a Nest security camera, you need to be wary of what work-related information those devices might see or hear during the day.

Your Google Home is always listening, waiting for you to say a “wake word” and give it something to do. All your interactions with these virtual home assistant devices are recorded, and the recordings are likely being reviewed by a company employee and fed back into their system to improve the AI central to the device’s functioning. And, while your security cameras are intended to give you peace of mind, are you sure no one else is watching? Stories about cameras being hacked abound, including one particularly blood-curdling tale in which a hacker was able to use the microphone to interact with a homeowner’s children.

Whether or not you’re comfortable inviting these devices into your home is a personal choice. But the remote-work environment complicates things. Inform your team of the vulnerabilities and risks, and make sure they know what is at stake when it comes to work-related data.

Anne Haag (@CBA_LPMT) is a Practice Management Advisor at the Chicago Bar Association. Anne worked as a patent paralegal at a Chicago IP firm before arriving at the CBA in 2017 as the Law Practice Management and Technology department’s trainer/coordinator. She is also a certified crisis counselor and volunteers as a patient advocate in the ER.

Ben Schorr: Cybersecurity Ghosts and Goblins

Over the last 18 months, as we’ve all been scattered to our dining room tables for work, we’ve learned a lot of disturbing things about the state of our cybersecurity. Working from home has a more casual feel, even if you’re not wearing bunny slippers on the couch. As a result, our security practices tend to get more casual as well. Here are some of my top scares.

Ghosts and Goblins

Not only are we increasingly working from home, but we’re using home resources such as:

Unsecure Wi-Fi with simple, or no, passwords.

Home computers that are shared with family members and used for entertainment as well as work.

Work passwords used for personal accounts too.

Home devices — like Wi-Fi routers — that aren’t updated with the latest security patches.

Home Wi-Fi networks may have been set up to accommodate kids, easy access by visitors, or non-technical family members. But that lack of security makes it riskier to use them for confidential business matters.

If your firm doesn’t issue work laptops, then staff may be working on the same home computer their teens use for gaming. Those devices are much more likely to have malware on them and not be updated with the latest security patches. Not to mention the possibility of a curious teen stumbling into a folder of confidential client documents.

Blurring the line between home and work means work passwords may also be used for Netflix, online shopping or other accounts. They may even be shared with family members. That makes them far more susceptible to being leaked, and credential attacks are the most common kind of successful attack we see.

“Hackers don’t break in, they sign in.” — Bret Arsenault, Microsoft CISO

Superheroes

To solve these problems, make sure you’re using a dedicated work computer, and that you use strong and unique passwords for your accounts. Turn on multifactor authentication for all your work accounts and lock your device when you step away from it. Make sure your home Wi-Fi has a good password, and that all your routers and other devices have the latest security patches installed.

Be safe out there!

Ben Schorr (@bschorr) is a senior technical writer at Microsoft. He is the author of several books including “Microsoft Office 365 for Lawyers,” “The Lawyer’s Guide to Microsoft Outlook” and “OneNote in One Hour.” He has been involved with management and technology for more than 25 years.

Jim Calloway: Scared of Videoconference Gaffes? Be Forearmed

In modern times we don’t worry so much about things that go bump in the night as about things that go beep in the night. Is someone texting me at this hour? Did I not plug something in to recharge? Did I forget to turn off some device? Maybe the refrigerator door is ajar?

But 2020 brought us a combination that proved challenging: working from home while also doing live audio and video broadcasts from there. So, we had lawyers appearing as cats in court proceedings, legal commentators losing their gigs due to inappropriate behavior online, kids and pets making guest appearances in virtual hearings, and other misadventures. Recently a judge in my state shared that she presided over a video court appearance where an attorney had his image set to horizontal and apparently couldn’t figure out how to change it. I also experienced an online program where the respected, well-known speaker tried several times to launch his PowerPoint, all the while noting how much trouble he had trying to do it. And I’ve had Zoom meetings with lawyers where everything I said was loudly echoed back because the lawyer didn’t know what caused it or how to make it stop.

When changes happened rapidly in 2020, any connection that worked was a good one. But having reached Halloween 2021, lawyers need to know how to use the tools of their trade, including tools they had never heard of in 2019.

Most conferencing challenges are not that scary. The challenge is preparation.

Remember how much you practiced your first moot court argument or your first “real court” argument? How much time did you spend training on your videoconference software? For many lawyers, the answer is “I clicked on things until it worked. But now I don’t remember what I did.”

If that is you, here are quick pointers:

Set up a conference with someone else and practice the various tasks you might want to do without the pressure of an actual hearing or client.

Be aware of the need for tech redundancy, which today means two good cameras and at least two microphones or headsets. I’ve had situations when a finicky platform rejected one camera but accepted another. And remember, equipment does fail — usually at the worst possible time.

And that annoying echoing? Feedback or echoes are caused by the microphone picking up the sound from the computer speakers, which are often located near each other on laptops. I prefer using a high-quality headset. But keep a microphone or earbuds that plug into the computer nearby to use for a quick fix to these sound issues.

There are many free articles online filled with advice about videoconferencing best practices. Read some. These skills are a part of lawyer competency today.

Jim Calloway (@JimCalloway) is the Director of the Management Assistance Program for the Oklahoma Bar Association and author of several ABA books. A past ABA TECHSHOW chair, he blogs at Jim Calloway’s Law Practice Tips and co-produces the podcast The Digital Edge: Lawyers and Technology.

Tom Lambotte: Creepy Cybercriminal Tricks 

The pandemic forced a massive remote-work experiment and the creepy cybercriminals have exploited this as only they can. Here are three tricks to keep an eye on this Halloween.

1. Phishing and business email compromise. Spoofed emails and websites based on legitimate contacts extract credentials granting access to sensitive information, finances or systems.

2. Employees. Even well-intentioned employees pose threats by succumbing to phishing schemes, reusing passwords, accessing systems on unsecured networks, or accidentally deleting files. But disgruntled workers can further abuse access to wreak havoc on unsecured setups.

3. Cybercriminals capitalizing on fear. The exploitation of the pandemic has been rampant over the past two years, with malicious entities hovering. Cybercriminals know how and when to prey on fear and uncertainty.

Brewed together, these three items make it a big, scary mess for remote workers.

Since the number of remote workers isn’t likely to dwindle anytime soon, it’s critical to take proactive measures when it comes to your cybersecurity hygiene.

Recently (without naming names), I was a guest on a well-known tech-savvy individual’s podcast. That afternoon, within hours of recording a podcast, he fell for a well-devised phishing scam. If a cybercriminal can catch this tech-savvy person, it can happen to anyone. Letting your guard down while working remotely happens, so be extra vigilant. Have everyone in your firm, especially the owners, enroll and complete cybersecurity training on an ongoing, monthly basis.

Tom Lambotte (@GlobalMacIT) is a cybersecurity expert who has been in the tech support industry for over a decade. He founded BobaGuard in 2019, which offers a turnkey suite for solo lawyers and small to medium law firms that include a security suite customized just for them. He is also the founder and CEO of GlobalMac IT, a managed service provider specializing in serving lawyers who use Macs. 

Catherine Sanders Reach: ‘Alexa, Stop Being Freaky’ 

The Walls Have Ears. OK, not really. Well, kinda if you have a smart home. However, many devices already in your house may be listening to or recording your conversations (as Anne mentioned). Has Alexa ever perked up and provided information even though you didn’t say the “wake word”? Your Google Assistant? Siri? Google was under fire for having built a “secret” microphone into the Nest devices. Amazon’s Alexa collects more data than any other smart assistant. Sure, you can download and delete what Alexa has recorded. Which you should do, before your private conversations are sent to someone else or mocked by Amazon employees. From baby monitors to your smart TV to Windows 10 Cortana, our internet-capable devices are listening.

And you do have something to hide. Lawyers have a duty to protect the confidentiality of their clients. The California Bar has written a draft opinion suggesting that lawyers disable Alexa when working from home.

What to Do?

You can turn off the listening devices. You can review what data has been stored and delete it. Also, you can purchase Paranoid Home Devices to block your smart speakers.

Sadly, the wearable “Bracelet of Silence” has yet to become a real product, but it certainly would be an interesting part of your Halloween costume. In the meantime, you can fight back with the IoT Inspector, an open source app that sees what your devices are doing and identifies risks. In my youth the video for Rockwell’s Somebody’s Watching Me was super scary (right up there with Yes’ “Owner of a Lonely Heart,” but I digress).

Don’t let this Halloween pass before considering the scary consequences of voice-activated assistants.

Catherine Sanders Reach (@catherinereach) is Director of the Center for Practice Management for the North Carolina Bar Association, providing practice technology and management assistance. She was Co-Chair of the 2020 ABA TECHSHOW Planning Board. She was previously Director of the American Bar Association’s Legal Technology Resource Center for over 10 years and was one of the inaugural Fastcase 50.

Sharon Nelson and John Simek: Home Network Fears — Keep It in Check

The pandemic suddenly thrust all of us into work environments that we didn’t anticipate. Working remotely placed a strain on home networks as we tried to connect to law firm networks securely. We competed for bandwidth with our spouse and children. We tried to participate in virtual court hearings and prayed our video didn’t freeze or our audio wouldn’t get choppy.

What we learned (which is scary!) is that most lawyers don’t know how to maximize their success while using home networks.

The reality is that home networks are three and a half times more vulnerable than office networks. We’re using consumer-grade equipment to connect to an enterprise network. Since most lawyers are still working remotely, at least part of the time, here’s our advice on ways to stay safe.

Tricks for Keeping Safe

Router settings. The first advice is to change all the default settings on your home router. As an example, change the administrator password for the router and disable the ability to remotely administer the device. That will help with security — a lot.

Ethernet. Directly connect your computer to the router via Ethernet instead of using the wireless network. A direct connection will provide the most stable and fastest network connection. If your computer is too far away from the router for a long Ethernet cable, consider using Ethernet over powerline adapters such as the TP-Link AV-1000. If Ethernet is not an option, configure and use a separate Wi-Fi network on your router. At a minimum, most home routers can create a guest network. Connecting to a separate Wi-Fi network will help keep your data isolated from other family members. Get help from an IT professional if all this is beyond your tech skills.

VPN. For additional security, make sure you are using a virtual private network or use an encrypted connection when dealing with client confidential information.

Alternate connection methods. Finally, be prepared for a network failure. Have an alternative connection method should your primary access be unavailable or unacceptable (e.g., spotty video). Don’t forget that using the hot spot feature on your cellphone may be a good alternative for network connectivity. If you are competing for bandwidth with your spouse or children, that may be especially useful.

A lawyer’s world is a lot less scary with stable, secure and fast connectivity!

Sharon D. Nelson (@SharonNelsonEsq) and John W. Simek (@SenseiEnt) are President and Vice President of Sensei Enterprises, Inc., a digital forensics, legal technology and cybersecurity firm based in Fairfax, Va. They have written 18 books published by the ABA, including “The Solo and Small Firm Legal Technology Guides” and “Encryption Made Simple for Lawyers.” 

The post Lawyer Tech Tips: Things That Go Bump in Legal Tech! appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/things-that-go-bump-remote-work-tech-tools/ via http://www.rssmix.com/

[rachelrcostc]

The Only Client Intake Checklist You’ll Ever Need

Download the Client Intake Checklist!

Ah, the client intake process — unquestionably one of the most time-consuming and laborious parts of being a lawyer. Yet, like it or not, it is one of the most critical elements of ensuring your law firm’s success. So don’t screw it up!

First impressions are everything in life, and onboarding your new clients is no exception.

Why would a client be compelled to hire you if you never get back to their initial phone call or take too long? Exactly. First impressions count. That’s why you need to make sure you have an effective, streamlined intake system in place.

Don’t have one in place yet? Don’t panic! The good news is that it’s never too late to take the reins and turn things around. We’ve created this comprehensive Client Intake Checklist to get you started, including tips on how to automate several pieces of the onboarding process. Here’s a quick look at what’s inside (you can download the complete checklist here):

1. Think Like a CEO

The first step is adopting the mindset that your law firm is a business.

2. Develop a Process

In the absence of a systematic intake process, a law firm quickly becomes chaotic. Leads are never followed up, opportunities are squandered, revenue is lost.

3. Follow Up Right Away

For years, studies have continued to show that long response times affect closing deals. A recent survey showed that 42% of the time, law firms take an average of three or more days to get back to a message from a new client.

4. Pre-screen Your Clients

Before the initial consultation, it’s important to pre-screen. Not every lead that comes to your firm is going to be the right fit for you, and that’s just the way it is.

5. Let Your Clients Self-schedule

One of the most common bottlenecks in the client intake process is finding the best time for a consultation that works for everyone. Automated appointment scheduling software allows clients to see your calendar and schedule their own appointments.

6. Discuss Fees in Advance

Whether you have a flat fee system or charge by the hour, it’s important to discuss fees and payment requirements as early as possible.

7. Streamline Your Document Process

Manually drafting a contract like an attorney-client agreement is an extremely lengthy process and a common bottleneck in getting the case rolling. Enter document automation software.

8. Use E-signature Software

In a traditional law firm, getting a document signed back from a client usually involves asking them to print, sign, and scan or fax it back. Using e-signatures speeds the process.

9. Keep Your Clients Engaged

The client journey can be broken up into three stages. Intake, active matter, and former client. Even though you’ve secured your client and have moved onto the stage of active matter, you still have to continue to delight and engage.

10. Measure Your Results

You should never stop fine-tuning your client intake process, and one of the most valuable ways to do that is with legal reporting software.

Streamline legal client intake and double your firm’s business by automating the process.

Is your law firm spending a disproportionate amount of time juggling everything that goes into the client intake process? Are leads getting lost? Believe it or not, it doesn’t have to be that way. By following the proper steps to streamline your process, you can perfect your client intake and take on even more clients, thanks to automation.

Get the complete Client Intake Checklist here to learn more.

About Lawmatics

Our mission is to enable lawyers to focus on being the best lawyer they can be — to focus on the practice of law, not to worry about running the business of a law firm. Through software solutions designed to be powerful and easy to use, we aim to streamline and simplify the process of ushering someone from the moment of first firm contact through to becoming a firm client.

Our goal is to be viewed as an extension of the firm. Customer success is in our DNA and we want to be the first call that our customers make, not just when they have questions about our software but also when they need to discuss strategies related to the services we provide.

SPONSORED CONTENT. Product Checklist showcases content provided by Attorney at Work sponsors and advertisers. This does not constitute an endorsement by Attorney at Work. See Terms and Conditions for more information. 

The post The Only Client Intake Checklist You’ll Ever Need appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/the-only-client-intake-checklist-youll-ever-need/ via http://www.rssmix.com/

[rachelrcostc]

Want Repeat Clients? Make Yourself a Favorite

Repeat clients are the most accessible and cost-effective prospects to target. 

We all have our favorite “things” we choose to purchase again and again. Whether it’s the brand of coffee you most enjoy or a specific type of running shoes that allows you to perform well, most of us are repeat buyers of certain products. As consumers, we understand we have a choice. But purchasing our favorite products gives us a sense of security and helps us be more efficient when we shop.

In other words, we don’t have to stare at the variety of choices when we’re buying peanut butter. We simply need to find the Peter Pan creamy and put the jar in the cart.

So, If You Were a Product, Would You Be Your Client’s Favorite?

While referrals from colleagues, friends and family top the list of reasons clients choose a particular lawyer or firm, studies show that buyers are also influenced by several factors. These include:

Positive reviews build trust. Client testimonials, case studies, and other recognition in outward-facing marketing materials have proven impactful for law firms and individual lawyers. A study in 2021 found that 70% of buyers read a review before making a purchase. Written individual attorney reviews combined with testimonial statements and case studies about the overall competencies can influence prospective buyers, lateral and associate candidates, and future staff hires. Keep the reviews and testimonials fresh, descriptive and compliant with ethics standards. Professionally produced video reviews are also compelling and relatable.

Peer Recommendations. Are the attorneys in your firm aware of the firm’s overall capabilities, or is work inadvertently sent outside the firm due to lack of knowledge? If your lawyers don’t know their peer’s expertise and experience, you could be missing out on client opportunities. On the other hand, if peers trust each other enough to refer “their” clients to other lawyers within the firm, retention and profits increase.

Social Media. Firms that dismiss the impact social media has on their client’s buying journey are living in the past. With online searches at an all-time high, your firm’s ability to be “found” by prospective buyers is imperative. Links added to social media posts enhance your search engine optimization and should celebrate successes, educate clients and promote the firm’s brand. (See “LinkedIn Profile Update: How to Stand Out in Four Steps.”)

Awareness. A firm’s ideal clients must continuously be made aware that your firm and your lawyers exist. Whether it’s an article in a trade journal, a post on LinkedIn, an industry-focused webinar, or an ad in the airport, consistent reminders that you exist are vital. With well over one million lawyers in the United States, a web presence is not enough. Individual lawyers must keep themselves and their services “top of mind” or risk a client heist by another firm. Loyalty is limited and lawyers, in the minds of many, are another expense and expendable.

Experience. Providing a high-touch, responsive experience for each buyer is crucial to your firm’s success. For example, a client who has a bad interaction with your firm (at any stage of your firm’s representation) will tell at least 10 other people who will then tell their friends and so on. In addition, experiences leave an impression, either positive or negative. Therefore, it is incumbent on firms to evaluate a client’s experience and seek continuous improvement based on client feedback.

Six Ways to Keep Clients Coming Back to You

I know you and your firm are not peanut butter. However, the way clients choose one firm from another is similar. Whether you serve business or individual clients, retention and repetition are priorities. (OK, criminal, bankruptcy, and domestic relations may be exceptions.) To ensure you keep your clients coming to your firm, again and again, you must do the following:

Determine your client’s expectations before each engagement and work to exceed them.

Sustain your firm’s positive reputation and brand image by setting client service standards for every person who works in your firm. Then, hold each person accountable to those standards.

Provide value after the engagement in the form of client alerts, webinars and materials of interest to your clients.

Keep clients informed about the services your firm can offer and why it’s the obvious choice.

Continue to solidify relationships with each client and let them know you are always appreciative of referrals.

Communicate regularly, even if you don’t have any active matters.

Why Repeat Clients Are a Smart Target

Repeat clients are the most accessible market segment to target and the most cost-effective. Treat them as the priceless assets they are, and you should continue to be their favorite. Illustration ©iStockPhoto.com

The post Want Repeat Clients? Make Yourself a Favorite appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/want-repeat-clients-make-yourself-a-favorite/ via http://www.rssmix.com/

[rachelrcostc]

The Monster Under the Bed: Confronting Three Common Workplace Fears

A million scary things at work can send you diving under the covers — even before the remote work and hybrid goblins came to play. Here’s advice you can use to confront three of those workplace fears and send the demons packing. 

Once past the age of trick-or-treating, we like to think we’ve kissed our last bogeyman goodbye. After all, we now know that zombies are merely figments, and it’s only dust bunnies populating the space beneath the bed. Regrettably, a white-knuckle grip on adult reality often brings a more complex set of fears — and these bogeymen are worthy opponents, indeed! It takes more than a warm hug or a bag of fun-size treats to get past the monster fears we encounter every day.

So what will help you wrestle these ghouls to the ground? Adult things: determination, a measure of common sense and some perspective. Let’s take a look at three workplace fears professionals commonly find terrifying — and some useful tips for mastering them.

Workplace Fear 1: Calling Someone You Don’t Know

You know it’s true. Even the most competent extrovert can experience a little telephone twinge. Even when you are the one in the so-called power position, just picking up the phone can feel like pulling your own teeth. Overcoming those telephone goblins can take determination. Here are some things to try.

Determination:

Just hold your breath and do it. It’s like ripping off a Band-Aid.

Practice makes perfect. If you do most of your communicating via email, naturally you may feel awkward on the phone!

Write down your key points beforehand. That way, you won’t get lost and forget them.

Rehearse. Really. Memorize your “Hi, I’m …” lines. Then you won’t have to think about it.

Change how you talk to yourself. With a little work and practice, your pre-call “Ack! I have to make a call!” can become, “This call is going to be successful.”

Workplace Fear 2: Speaking in Public

Virtually everyone is nervous at the thought of standing before others to speak. Even Seth Godin struggles with that queasy pre-speech feeling. While nothing is going to totally eliminate the massive pre-speech adrenaline hit, if you work at it you can use that rush to improve your performance. Here are some hits of common sense from the master of speechifying, Dale Carnegie. 

Common Sense:

Make brief notes of the interesting things you want to mention.

Don’t write out your entire talk.

Never, never, never memorize a talk word for word.

Fill your talk with illustrations and examples.

Know far more about your subject than you can use.

Research your talk by conversing with your friends.

Instead of worrying about your delivery, find ways to improve it.

Don’t imitate others. Be yourself.

Workplace Fear 3: Asking for Help

Get Merrilyn’s book in the Attorney at Work shop.

Gender issues aside (I really do know numerous men who will pull over and ask for directions), asking for help in the workplace is difficult for many people. Of course, you don’t want to bother someone who is already very busy. But worse, you don’t want to confess to actually needing the help! After all, you are supposed to know the answers, right? Well, let me give you a little perspective.

Perspective:

There is no way you could possibly know all the answers to everything.

Asking for help shows that you are more focused on solving the problem or doing the work than on preserving your image.

Everyone loves to be asked to help. I promise. It makes us happy when it is revealed we know something important, or possess a useful skill. Or have something to offer a really competent person!

The modesty required to allow you to ask for help breaks down barriers to better relationships — barriers that are too often reinforced by a need to believe you know all the answers.

Once asked for help, many people will continue to feel invested in your success and cause opportunities to come your way.

Of course, there are a million other scary things in the workplace. Each day brings new opportunities for those winged anxiety demons to do their frantic dance in your stomach. But the difference between grown-up you and whimpering 10-year-old you is that now when the lights flicker out, you know where to find the candles. With some perspective, common sense and determination, you can think your way through most things — including the most common workplace fears.

If not, there’s always Reese’s Pieces.

Illustration  ©istock

The post The Monster Under the Bed: Confronting Three Common Workplace Fears appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/monsters-under-the-bed-workplace-fear/ via http://www.rssmix.com/

[rachelrcostc]

Status Update: Case Status Releases SMS for Legal, a New Business Texting Feature

Case Status software’s new SMS for Legal app helps law firms easily and securely text with clients as part of their case workflow.

Case Status is a client connection platform for law firms. In other words, it’s a one-stop-shop for all client communications needs.

Functionally, Case Status is a law firm-branded portal, designed to be mobile-first, through which law firm users can push — and law firm clients can access — up-to-date case information and notifications. Case Status integrates with lots of case management/law practice management software and with Zapier, making it a fairly extensible tool. In its fullest flowering, Case Status can replace email for client communications, in much the same way that Slack has replaced email for internal office communications.

Textual Analysis

Many law firms have taken an alternate path over the course of history, by trying to avoid client contact whenever possible. That has (not) worked to the tune of virulent complaints from dissatisfied clients. In fact, the No. 1 complaint against law firms is lack of communication. So, if your law firm can add software with a focus on communications with clients, well, said software should shoot up to No. 1 on your purchase list.

SMS for Legal Introduces Texting to the Communications Platform

My mom knows that if she wants to reach me and get a quick response, she should text me. And, for sure, one line of demarcation for considering the addition of a technology component to your law practice is whether elderly people get it and use it. Texting has become ubiquitous in that way.

Starting out, texting was largely used as a personal communication method. Over the course of time, customers began to text businesses, and businesses had to be responsive. Of course, this has been a boon for businesses, too. Texting has become an essential business communication method, in part because it’s the one consumers respond best (most quickly) to. Like my mom knows, if you want somebody to respond (like the son who never calls you), you text them.

But in the business context, record keeping for text messages, especially for law firms with continually increasing data collection responsibilities, has become essential to managing this communication flow. Modern law firms require a secure business texting application to effectively (and ethically) communicate with clients.

Enter Case Status’ recently released SMS for Legal.

Incoming Message: How Does SMS for Legal Work?

SMS for Legal is a way for law firms to communicate with clients simply and easily via text. Case Status provides each SMS for Legal user with a dedicated phone number for texting — and vanity numbers can be ported from other providers. These are local numbers, so law firms can communicate with local clients while accessing the built-in bona fides implied when you use the right area code. Law firm users send an initial message to clients with whom they’d like to text; and, once that invite is accepted, the law firm and the client can begin texting each other. Up to five clients and as many as five law firm staff can be added to each matter.

All text communications are available in the Communications tab in Case Status, which can be filtered for specific system users (see “My Communications”). Helpfully, the system highlights in yellow any clients who have not yet been invited to use Case Status.

Since Case Status integrates with a number of case management programs, new matters are added to Case Status automatically (via nightly sync, unless you choose to do it manually). However, users must initiate a Case Status invite to begin communicating with individual clients on the Case Status system.

The new SMS for Legal can also accommodate group texting and bulk messaging. Users can schedule messages, too.

Message attachments can include images and documents.

For process-oriented law firms that prize workflows, esignature and epayment links, as well as requests for reviews, can be added to text chains.

And, if you have the traditional concern many lawyers have when it comes to messaging clients in any fashion and worry about what to say? Case Status has message templates you can use to boost your messaging without worrying about sounding too much “like a lawyer” when you talk to your clients.

Text message templates help with writer’s block.

Get the Details on SMS for Legal

Modern law firms are built on speed and efficiency; and so, if you want to run a modern law firm, you need to access the most efficient client communication models. Texting is the most responsive messaging platform available today.

SMS for Legal is available as a standalone product but Case Status customers have access to the tool at no additional cost.

You can access a demo of SMS for Legal right now.

(Just pretend this is a text message and click the link right away.)

The post Status Update: Case Status Releases SMS for Legal, a New Business Texting Feature appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/status-update-case-status-releases-sms-for-legal/ via http://www.rssmix.com/

[rachelrcostc]

Six Tips for Being a More Persuasive Lawyer

A large part of practicing law is persuading someone to believe, act or agree with your client’s position, whether in a courtroom or boardroom or at a negotiation or dinner table. We seek to persuade juries, judges, colleagues, friends, family or the media that we are right, and others are not. Following these six principles will help you be a more persuasive lawyer.

The Art of Being a More Persuasive Lawyer

There is an art and science to persuasion. Unfortunately, this art is not on the curriculum of many law schools. Several fundamental principles of persuasion are commonly suggested by psychologists and marketing experts. In the years I’ve spent researching how to persuade people and coaching lawyers to hone their skills, here are the six principles I’ve found most effective.

1. Acknowledge their efforts

We are often trying to persuade someone who has a bias against our position because they don’t understand, are confused, or simply tried and failed in their life. Failure has a way of closing minds, digging in heels and causing rigidity in thinking. When you encourage people to rise above their failures, they look to you for guidance.

As lawyers, we are not in the business of making people take responsibility for their lives — we are trying to persuade them. When you acknowledge the struggle of others and tell them you understand, they are much more open to your position. If you can demonstrate that you do not judge people for their struggles, they will be more likely to view you as a friend rather than a foe.

2. Calm their fears

Everyone has fears and biases. It is human nature to recoil from threats and prefer safety. When you can comfort the fears and uncertainties of the people you are trying to persuade, not only do you increase your persuasiveness, you also establish rapport. (See below).

How? Tell stories, express your understanding. Acknowledge their suspicions, doubts, and fears and give them support. Give them reasons to be courageous. Validate their misgivings as normal and take the approach of an older and wiser confidante with the bigger picture. I am reminded of the quote of A.A. Milne quote:

“You are braver than you believe, stronger than you seem, smarter than you think, and loved more than you ever know.”

3. Create rapport.

To convince someone of anything or to change their minds about something, there must be trust and rapport. When our brains are confronted with new ideas or ideas we don’t agree with, the natural biological response is to shut down our frontal cortex and go into survival mode. This is commonly known as “flight, fright or freeze,” and much harder to break through to someone in this state.

When we feel safe, however, we don’t usually go into survival mode. This is why it is important to create a rapport with your audience to make them feel safe. Look for commonalities between your client and your audience. Find out what your audience believes and trusts. Find a way to connect with those concepts. Be humble, be understanding and, above all, be respectful. If you can get them to smile or laugh, you are establishing rapport.

Be aware of your body language, your tone and your facial expressions. If appropriate, tell your audience something about yourself. Be personable and friendly. Relax and smile. Don’t be afraid to talk about emotions or ask how they feel.

4. Do it in just one sentence

To be persuasive lawyer, you must be able to say what you want in one sentence. The more words it takes to explain what you want, the more difficult it is to convince someone you are right. It doesn’t matter whether you are arguing a complex business trial or a criminal case; you must make it simple. Everyone remembers Johnnie Cochrane’s famous statement, “If it doesn’t fit, you must acquit.”

This is true in boardrooms, conference rooms and sales meetings. The term “elevator pitch” was coined for effective sales talks that were boiled down to the essentials and bite-sized bits of information that the buyer could understand. You must set the theme of the negotiation and let everything flow from that.

One benefit of refining your position to one sentence is that the process often reveals the flaws in your position and allow you to adjust accordingly. Also, one sentence is a lot easier for others to remember than a lengthy hour-long explanation of why you deserve what you wan

5. Stand in their shoes

People tend to favor information that confirms their beliefs and theories. Known as confirmation bias, people will give more weight to facts that fit into their worldview and less weight to facts that don’t. People love to be right. Help them be right. Find out their beliefs and find a way to show that your position confirms those beliefs.

You might appeal to their notions of fairness and justice and show them how giving what your client wants fits into this narrative. Ask them to empathize with your client and invite them to step into your client’s shoes. If you can get them to identify with your client, you have won.

6. Throw rocks … together

One of the most powerful persuasion techniques is finding a bond with your audience through common beliefs and experiences. No one wants to be unfairly judged, and no one wants to be the victim of prejudice. We all prefer people who are understanding and open-minded. We all prefer people who believe the way we do.

If you can establish a common enemy, bonding is assured. Discover what you both stand against and use that to create a bond. Then craft your argument to fit the common bond — become partners with your audience.

We All Do the Best We Can With What We Know

As I look back over the cases I tried, the matters I negotiated and mediated, even the documents I drafted and reviewed, I wish I had known these principles. I can see how I could have been a more persuasive lawyer.  I know that you will be much more persuasive if you follow these tips.

The post Six Tips for Being a More Persuasive Lawyer appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/persuasive-lawyer/ via http://www.rssmix.com/

[rachelrcostc]

Tales from the Client Service Front

We’ve had our corporate checking account with Bank of America for over 15 years.  This is the story of why it’s no longer there. A few weeks backI got a letter in the mail from BofA and luckily did not toss it aside unopened as very-likely-spam.  It announced that our account was being closed, that […] from Law and Politics https://adamsmithesq.com/2021/10/tales-from-the-client-service-front/ via http://www.rssmix.com/

[rachelrcostc]

Five Ways to Reduce Lawyer Burnout and Improve Employee Retention

Last week I served on a panel about attorney burnout for a bar association club for attorneys in their first 10 years of practice. The panelists had lots of helpful guidance and information to share. The last question asked by an attendee, however, perfectly exemplified the real problem with burnout, and the way I answered repeated the same problem pattern.

Here’s what I mean.

Asking the Right Questions About Attorney Burnout

The question was about how to handle unreasonable expectations from a supervising attorney. In the example, based on the lawyer’s real-world experience, the partner would promise a deliverable to his client without consulting his team and then delay delegating the task to the more junior attorneys. The partner would then have an unrealistic deadline and freak out because he had promised the client an answer or deliverable by a date that was, by that time, impossible.

The associate asked the panel: What should I do? How should I handle it?

We provided good techniques for communicating the impossibility of the task to her supervising attorney, and how to talk with others about possibly getting an extension for others’ work without pressing deadlines. We also discussed how she could communicate the specifics of what she would be able to produce in the timeframe provided.

This was all useful information, and hopefully, it helped the associate. But thinking about the question later, I realized we had addressed the wrong question.

Whose Problem Are We Solving?

Sure, we answered the question asked, but really, the question was about how to avoid getting in that situation in the first place. More importantly, the answers should have focused on the fact that the associate should not be the one responsible for solving this problem.

There is plenty of advice out there about being proactive about preventing or reducing your own burnout. That was, in fact, the focus of the panel I was on and to whom the associate’s question was posed. But I want to go further and discuss ways senior attorneys and firm leaders can create an environment and culture that reduces burnout.

Why? I believe there are ethical and health reasons for the legal industry to adapt to a better working environment. But even if you don’t agree, creating a culture that reduces burnout is critical for the health of your firm’s bottom line. You should be fully focused on retaining associates because otherwise your investment in hiring and training them will be wasted; replacing lawyers is very expensive. More importantly, burnt-out lawyers are not able to be as efficient or effective as more balanced, healthy lawyers — and that is a disservice to our clients.

Five Ways to Create a Culture that Reduces Attorney Burnout

1. Make expectations clear

Not knowing what is expected of us is a big contributor to workplace dissatisfaction and ultimately burnout. We don’t know how to act, how to prioritize, what to do, or even to whom to communicate when expectations are not clear. If you are a firm leader or supervising attorney, make expectations absolutely clear. At a minimum, the following should be stated, perhaps even written down, to more junior attorneys:

Assignments

Timelines

“Chain of command”

How to communicate issues and problems with assignments and co-workers

Hours expectations

2. Delegate early and effectively

Delegating is a skill, and, unfortunately, many people are never taught how to do it effectively. The first step is getting clear on what needs to be done: the task, assignment, deliverable, etc. Then it must be explained in detail to the person who will be handing it. The deadline needs to be expressed clearly, including the reason for the deadline. Questions need to be entertained. There must be a check-in at least twice. If you as the delegator do not want to be responsible for checking in, then you must make clear to the delegatee that you expect them to check in with you twice about progress and status. Most importantly, delegate a task as soon as possible. If you are considering doing it yourself but are concerned that you do not have time — to either do the task or delegate — make it your number one priority to delegate it ASAP.

Related: “Three Steps to Effective Delegation” by Yuliya LaRoe

3. Communicate with your team before setting deadlines

If you work as part of a legal team, especially if you are the lead or senior person on the team, discuss responsibilities and availability with your team before making promises about deadlines to your clients and others. Your team will thank you and will be able to take ownership of deadlines. Plus, they will learn these skills and carry them forward when they are more senior. Your clients will thank you because they will get timely and well-done work product. And you will be growing as the leader of a team who feels you respect their input.

Related: “Escaping the Overwhelmed and Overworked Cycle” by Jamie Spannhake

4. Be an advocate for and mentor to your junior attorneys

It takes time and effort to support the more junior attorneys in our firms, but it is always worth it. They become invested members of your firm or practice group, they acquire skills more quickly, and they grow more effortlessly into senior attorneys who know how to lead others. If your mentee is in an uncomfortable predicament where she has more than one assignment for more than one partner that needs to be “first priority,” take it upon yourselves, partners, to talk to each other so that your junior attorney is not in the unfortunate situation of trying to manage the partners’ relationships with each other. It’s not their job to do that.

Related: “New Lawyer Should Have More Than One Mentor” by Amy Timmer

5. Model balanced behavior

Most of us learn best by watching others do and be what we want to do and be. Whether you are a firm leader, partner, senior lawyer or just a year or two ahead of another lawyer, do your best to model more balanced behavior. Take into consideration that your colleague — everyone in the firm — is also a person who has a life outside the office. Outside the office, we all have people, interests and needs that require our time and attention. And taking the time for those people, interests and needs is the very thing that will help us avoid burnout.

Breaking the Burnout Cycle

As the questioner at my panel made clear, the partner with unreasonable expectations was also likely suffering from burnout, creating a vicious cycle of unhealthy attorneys unable to offer the best service to clients. You can be the one to break the burnout cycle.

Related: “Why Are You At the Office Until 10 p.m.?” by Jay Harrington

Photo by Tangerine Newt on Unsplash

The post Five Ways to Reduce Lawyer Burnout and Improve Employee Retention appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/how-to-reduce-attorney-burnout-improve-associate-retention/ via http://www.rssmix.com/

[rachelrcostc]

Has Texting Triumphed?

As part of the duty to provide competent representation, lawyers are required to stay abreast of current legal technology. It should go without saying that lawyers must be able to use legacy technologies as well. For some younger members of the bar, the preferred medium is texting, so much so that they are unable to use platforms that predate the mobile phone.

I recently confronted this phenomenon while trying to organize a continuing legal education program. The two other panelists were, shall we say, younger than I. I set up a conference call to discuss content and divide responsibilities; I emailed the call-in protocol to the other panelists. At the appointed hour, I was the only one on the call.

Text — Not Email?

I contacted the sponsor and explained what happened. Panelist #2 had previously engaged with me via email, but I had had no response from Panelist #3.

The sponsor got back to me saying Panelist #2 would be in touch and that I should text Panelist #3.

Text?

Feeling somewhat put upon, I used the number the sponsor provided to text Panelist #3, who I noticed from her LinkedIn page had recently joined a highly respected law firm. I also left a voicemail in the voice mailbox for her extension at the firm. Both times, I directed Panelist #3 to consult her email queue for instructions for logging in to the second attempt at a planning meeting.

I wondered: Have email and voicemail gone by the wayside? Has texting become the primary method of business communication? For a certain age group, the answer appears to be yes.

Our Zoom Culture

At the scheduled time, I called into the conference call system for attempt number two. Again, I was alone.

Since I had had email communication with Panelist #2, I called his (mobile) voice line. He answered and explained he was having technical difficulties. He couldn’t figure out how to connect. He kept getting a ringing noise.

I patiently explained that the link was a phone number, not a URL. A conference call is a voice-only platform — you know, like Clubhouse. I explained that he could tap the link to call the number or tap the telephone icon on his phone and tap in the number provided in the email. Either way, he then had to tap in the password provided in the email.

Revelation! He thought this was a video link. Indeed, he had never participated in a conference call and did not know what a conference call was. Is that where you merge calls? Yeah, well, sort of, but a large number of people can participate, and once the call is set up and announced, no one has to act to bring in others.

Zoom has been a blessing during the pandemic as we hunkered down in our (sometimes) makeshift home offices. But now, it seems people expect video communication to be the default method for meeting regardless of any instruction otherwise.

At this point, I could have conducted the meeting during the call with just Panelist #2, but I was still hoping Panelist #3 would log in. So Panelist #2 and I hung up and logged into the conference call to plan the program as if we were the only speakers.

Good thing. Panelist #3 never showed up.

Two weeks later, Panelist #3 called me. I told her that the sponsor and I had determined her participation would not be necessary.

How to Communicate

The general rule for communicating with clients is to use the communication method of their choice. Email appears to continue its reign at the top of the business communication choice pyramid, but it is under attack.

Email has the same benefit of permanence as communication on paper (remember doing that?) but at the speed of the internet, more or less. An entire industry has arisen to provide email filing systems to professionals who may receive hundreds of messages in a day.

On the other hand, systems for text preservation and filing are in their infancy. Android users can use SMS Organizer or integrate text preservation with a Gmail account. iPhone users can access a more complicated internal sorting protocol or get a program like Decipher TextMessage to transfer texts to a computer. (Disclosure: We haven’t tested and are not endorsing these products.)

Communication systems come and go. Nobody is sending invoices through pneumatic tubes, messenger services are mostly gone, and faxes are rare. Some Gen Zers do not know how to use a rotary dial telephone. For now, though, law firm leaders would be well advised to make sure all professionals and staff know how to communicate via every system available to them. That includes calling into a conference call.

Illustration ©iStockPhoto.com

Subscribe to Attorney at Work

Get really good ideas every day for your law practice: Subscribe to the Daily Dispatch (it’s free).

The post Has Texting Triumphed? appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/has-texting-triumphed/ via http://www.rssmix.com/

[rachelrcostc]

Where Do Lawyers Work Today? The Ethics and Acceptance of Working Remotely

Remember when working remotely was taboo?

Several years ago, I published a piece here on Attorney at Work titled “Solo Lawyers: Where Is Your Office?” Back then, lawyers working anywhere but a traditional bricks-and-mortar office with their firm name on the door typically glossed over their nontraditional working environment. Over time, the taboo surrounding less traditional work setups began to ease, and early in 2020, when COVID-19 hit the world, the stigma had all but disappeared.

Today, the tables have really turned, and the lawyer in the bricks-and-mortar office is the less typical one.

With that context, today we can boil down the question of where lawyers work to a much simpler answer: Lawyers work wherever we happen to be.

Working Remotely Was Once Unthinkable in the Legal Profession

At one time, the idea of a lawyer working remotely — even from home — was taboo. As an associate in Biglaw, the idea met with horror and was only semi-acceptable if you were sick. Then, the partners’ options were to allow you to actually use a sick day or let you work from home while recuperating. Working from home was better than not working at all, but it was definitely frowned on.

In small law firms, where lifestyle mattered somewhat more, there was pushback against remote teams, too. Lawyers would argue that they could not effectively manage their team from afar, or ensure their team was working. Also, camaraderie would suffer if people were not face-to-face every day.

Even for a solo lawyer, working remotely was frowned upon. We had ideas that clients expected us in an office (even if they didn’t come to see us). Somehow we were not real lawyers if we worked from home or anywhere besides a traditional brick-and-mortar office.

Besides battling an entrenched workplace culture, there were also ethical concerns about working remotely. Some concerns were legitimate; others were overblown. For example, the concern that confidential conversations with clients would not be private is an easy one to remedy.

Concerns About the Ethics of Working Remotely Are Disappearing

Can you practice from a state where you aren’t licensed?

A larger concern was for lawyers who wanted to work while physically present in a state where they were not licensed. There was a legitimate unauthorized practice of law issue to analyze. Most states looked the other way so long as the lawyer was not seeking clients in the state, practicing that state’s law, or otherwise indicating to the world that they were physically present in that state. Still, it was an uneasy feeling to work remotely, knowing that this issue hung out there as a possible problem.

Related: “Can You Relocate Without Taking a New Bar Exam?”

Another worry was tech-related.

There was a time when remote access meant sitting at home in front of a desktop computer connected to a dial-up modem, accessing the firm’s server through a virtual desktop. Then came wireless routers, cloud-based platforms and the ease of logging into your firm’s resources from your phone at Starbucks. As technology became easier to use, lawyers legitimately began to wonder whether they could work remotely and maintain appropriate security.

Tech and security concerns were largely obviated pre-pandemic by ethics guidance in Comment 8 to Rule 1.1 of the Model Rules of Professional Conduct (requiring lawyers to maintain technological competence), and the overall security of the most commonly-used apps available to lawyers.

Still, ethics and security concerns were still top of mind for many practicing lawyers in March 2020, as we were thrust into a Zoom world. We also faced the sudden propagation of new platforms and wider use of existing platforms with the sudden rise of videoconferencing.

Working Remotely: Ethics Regulators to the Rescue

In general, legal ethics guidance is slow to evolve. A great barometer for that is California’s social media ethics opinion (State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion 2012-186), which was trailblazing at the time it was issued. That was in 2012 — seven years after Facebook became popular among the general public.

The glacial pace of legal ethics change adds to the unease of lawyers who have to adapt very quickly to a changing environment, as we did at the start of the pandemic. In a positive turn of events, regulators have stepped up to the challenge and issued major pieces of guidance that dramatically ease the worries of lawyers working remotely.

Pennsylvania was the first to issue pandemic-related guidance, and it did so right away. The Pennsylvania Bar Association issued Formal Opinion 2020-300 on April 10, 2020. It dealt with all of the major worries plaguing lawyers around the country at that time. It explained how to navigate working from home while maintaining confidentiality while continuing to practice competently while supervising staff (lawyer and non-lawyer). It gave pages of advice on best practices, even discussing encryption of data, online security, and video conferences. It even went so far as to address lawyer civility — much needed at a time when the entire world was facing unreal stress.

Pennsylvania’s opinion became a model for lawyers everywhere. Even outside of Pennsylvania, the considerations in the opinion were of general applicability and provided much-needed guidance.

As to the physical location issue, lawyers found themselves often forced to work from the state where they lived and not the state where they were licensed. The de facto permission of their home state was all they could go on. However, more recently, regulators have started to address this issue head-on.

The Florida Supreme Court approved the state’s ethics opinion on remote working in May 2021. The Florida Bar Standing Committee on the Unlicensed Practice of Law’s AFO #2019-4 was issued as a proposed advisory opinion in August 2020.  The question posed was a common one: May a lawyer domiciled in Florida but not licensed to practice law there, who is employed by a law firm in another state in which he is licensed, practice law of the state of licensure from his home in Florida?

In the scenario presented, the lawyer has no office space in Florida, does not have a public or online presence in Florida, and does not advertise or otherwise inform the public of his physical location. The lawyer’s work did not implicate Florida law.

Florida said the lawyer may indeed work remotely from Florida under these circumstances without implicating the ban on the unauthorized practice of law. This was a particularly noteworthy because prior to this opinion, Florida had been the prime example of a state that did not allow anything close to this type of arrangement.

Other states are following suit, the most recent being New Jersey. In October 2021, the Committee on the Unauthorized Practice of Law and Advisory Committee on Professional Ethics issued a joint opinion permitting non-New Jersey licensed attorneys associated with out-of-state law firms or companies to work remotely from their New Jersey homes without running afoul of the state’s UPL provisions.

The Office Doors Are Open

With the biggest ethical barriers to working from anywhere quickly becoming concerns of the past, lawyers are more free to choose where they work. For some, the traditional office with their name on the door may continue to be first choice. For others, it will be a beach in Florida.

One thing that is clear from the combination of evolving technology, COVID and updated ethical rules is that our idea of what it looks like to work as a lawyer has changed forever.

The post Where Do Lawyers Work Today? The Ethics and Acceptance of Working Remotely appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/working-remotely-where-lawyers-work-now/ via http://www.rssmix.com/

[rachelrcostc]

Keeping Clients While Managing Extraordinary Change

Keeping clients when your firm is changing is a tricky business and involves a lot of reassurance — not just for them, but for you.

I vividly remember interviewing a client about his relationship with his law firm, my client. While he was very satisfied with the firm’s work and the people doing it, he moved quickly on to his top concern. Unbeknown to me but known by him, the senior partner who served as the primary point of contact was dying of cancer. The client said to me, “I feel terrible about it … but what is going to happen to me?”

Even when there are great lawyer-client relationships, clients are concerned about their own interests. They notice when senior lawyers start spending more time at their condos down south, or when younger lawyers come and go on their work and invoices.

The Challenges to Keeping Clients

Any number of events can create a potential challenge to retaining a client, including:

The departure of a lawyer

A change in company ownership

The death of a lawyer

A change in company leadership

In general, law firms do a poor job of establishing the kind of institutional relationship that binds a client to the firm. In some cases, it’s because of ego or compensation; in some cases, the nature of the lawyer-client relationship can’t be replicated. And in some cases, it’s a lack of confidence in colleagues. While you can’t guarantee that clients will connect with new firm contacts (or vice versa), you can do many things to make planned or unplanned transitions go more smoothly.

Keeping Clients: If You Need to Triage

In the event of an unexpected change, here are some smart steps to take:

Have the managing partner or client relationship partner contact the client immediately to establish that the client is a priority. The goal is to reassure the client that everything is being handled and that people are familiar with the client’s issues. Offer to meet with or talk to the client to review the relationship and plans for the future.

Ask what information would be helpful. For example, a new client decision-maker might benefit from a list of matters in progress.

Set up methods to introduce new contacts at the company or the law firm. This could be done through face-to-face meetings, Zoom or telephone calls.

Provide a client team chart. This document, with pictures of assigned firm personnel, their roles and responsibilities (e.g., geographic coverage or substantive expertise) and contact information, will make it easy for clients to learn about and access their firm contacts.

Once you take these immediate actions, you can move into a planning phase.

Keeping Clients: If There’s Time to Plan

In many cases, it is apparent from a senior lawyer’s age or years of experience that, at some point, a transition will need to be made. While it can be difficult to broach, the sooner succession plans are made, the better; clients need time to digest the changes and become comfortable with the proposed arrangements.

How can you facilitate an institutional bond?

Look at all the existing and potential points of contact with the client and make assignments for relationship development. This could include LAA’s, paralegals and other staff members as well as lawyers.

Determine the appropriate lieutenant(s) who will be groomed to take over responsibility for the client. In some cases, the selection will be driven by substantive skills; in others, personality may be key. The proposed successors should be phased in through communications, matter oversight, billing and relationship building.

Communicate the transition plan to the client. This includes who was selected for the relationship and why. (This is another good place for a client team chart.)

Allow the team to be visible to clients. The primary attorney should promote interaction between client representatives and team members to develop a level of comfort and trust. This could include having file reviews or relationship meetings, including team members on calls and emails, visiting the client with the team, having lawyers provide client seminars or training in their areas of expertise, planning social activities and “meet and greets” or even working on community service projects together.

Plan specific ramp-up activities for firm representatives new to the client relationship (e.g., attending client training sessions, attending pipeline meetings with the client, taking a tour, etc.).

Ask for the client’s feedback. As things progress and others get more entrenched in the relationship, it’s important to let the client provide input on the transition. For example, here is a comment from one client about the firm’s suggested new point person: “From a succession standpoint, there’s an issue: No one yet fits the bill. [Lawyer B] thinks he will do this, but he hasn’t earned my trust to the extent [Lawyer A] has. They need to know this.”

What Would Happen If …

I don’t know how often people get hit by busses but clients talk about it a lot —“What would happen if [lawyer] gets hit by a bus?” While you may never be able to duplicate the original relationship, others in the firm can offer many positives, from different ways of looking at things to a new level of appreciation for the client.

Whatever the transition plan, the key to retaining clients is to start sooner rather than later.

The post Keeping Clients While Managing Extraordinary Change appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/keeping-clients-while-managing-change/ via http://www.rssmix.com/

[rachelrcostc]

5 Tips for Making the Transition to Virtual Law Firm Status

Virtual law firm status has worked out so well for some firms, they’re making the switch permanent. Should you?

Amid the coronavirus pandemic, office workers everywhere have shown that to be productive, all you need is a laptop, a reliable internet connection and a desk. This begs the question: Do people really need to be inside an office all day? While firms are announcing their back-to-the-office plans, you may be wondering if it is possible to move your law office to a virtual setting permanently. And if so, what is the best way to go about it?

Virtual Firms Aren’t Always 100% Remote

While the term “virtual” law firm may sound like everyone works 100% remotely, it’s not about where you are working. It’s about how you work together and how you deliver your legal services.

Your location could be a hybrid of working from home or a coffee shop, and occasionally working from a rented or shared office space. The latter can be especially useful for meeting with clients when you would rather not meet online, or you could rent an office exclusively for ad hoc meetings. Note: While you could meet clients at a public location, I do not recommend that: You would not have a reasonable expectation of privacy during your discussion.

Related: “How to Ethically Practice in Place” by Mark C. Palmer

Benefits of a Virtual Law Firm

A virtual setting can have many benefits.

Lower overhead. Whether you have a smaller office space or bypass having one completely, you will not have to spend as much on renting a physical location and all the costs associated with it: utilities, furniture, parking.

More flexibility. Bosses love to be bosses in part because they do not have to let anyone know if they are coming in late, or if they have to leave in the middle of the day to pick up their kids from school. But these types of things come up for everyone — not just bosses. If one of your employees likes to go for morning runs or has a child who needs to be dropped off at soccer practice, does it really matter if they sit at a desk where you can watch during business hours? What really matters is their work is done well and they complete it on time. The truth is that, as long as pleadings are filed in a timely manner, discovery is completed, client questions are answered, and everyone complies with ethics rules, it really makes no difference if the work is done at 9 a.m. or in the evening after putting the kids to bed. Also, with more flexibility, there’s the hope of better work-life balance, which means happier employees and a lower turnover rate.

A less-stressed and more productive team. When was the last time you enjoyed sitting in traffic? The same way you hate wasting your time so does everybody else at your firm. Instead of having them stress over long commutes, rerouting if there’s an accident, or stressing out over road closures, they can simply walk from their kitchen to their home desk or local hotspot and get to work.

How to Best Transition Your Firm to Be Fully Virtual

As with anything else, working remotely full-time comes with a learning curve. There are several things you should keep in mind when transitioning to a fully virtual law firm. Here are five:

1. Use the Right Tools

We’ve all experimented with a number of communications and collaboration tools this past year. Now is the time to review which of those tools are best for your virtual firm going forward — and to make sure everyone knows how to use them.

First, you want to be able to communicate easily with other lawyers and staff. Is a messaging and collaboration tool like Slack or Microsoft Teams best to help you do this? For videoconferencing, is it time to go all-in with Zoom and upgrade your team’s setup? Or will GotoMeeting or Google Hangouts suffice?

Is everyone consistently using online calendaring tools? Whether Office 365 or Google Calendar make sure meetings, hearings, depositions and trial dates are shared and don’t slip through the cracks.

Depending on the size and scope of your practice, consider moving to cloud-based practice management or case management software. This can help streamline how you manage client files and run your practice. Most practice management software includes — or integrates with — client portals, billing and accounting software, document automation, and intake onboarding and marketing tools.

Whatever tools you choose, hold training sessions while sharing your screen so that you can avoid problems down the road with less tech-savvy employees.

2. Transition to E-signatures

While some offices are still instructing clients to print out documents, sign them, scan them, and email them back (or worse, fax them), doing so is ineffective and unreasonable. Not everyone has access to a printer or scanner, and requiring clients to jump through hoops to retain your services will only send them looking for another lawyer. DocuSign is easy, secure, and as legally binding as a physical signature. It also results in transactions being completed in a matter of minutes instead of within days or weeks.

3. Upgrade Your Online Presence

Being online gives you the opportunity to attract a wider audience. But to do so, you’ll want to pop up online whenever someone researches the types of cases you want. This includes having an updated website that is optimized for search engines, a complete Google My Business profile, a blog or newsletter and consistently sharing your articles and posts on social media. The key is to engage with potential clients, whether via a Google search or a Facebook post. Always respond promptly to comments and reviews. Share insights or explanations of common concepts on video and post them on YouTube. These practices will help establish you as an industry authority and foster trust with potential clients.

4. Promote a Good Internal Culture in a Virtual Law Firm

When everyone’s working remotely, office dynamics change. Without small talk in the elevator or impromptu lunch outings, you need to work on preserving working relationships by scheduling weekly meetings or check-ins. You can do work-related check-ins where everyone gives updates on their most important cases, or pick each other’s brains if they encounter a hurdle. You can also celebrate firm wins online or hold virtual happy hours to keep ties strong between face-to-face meet-ups.

5. Draft New Office Policies

Finally, be sure to update your employee manual to reflect this new reality. For example, even if you offer flexible hours, set expectations for virtual meetings — such as having a professional appearance and adequate lighting, setting up branded, virtual backgrounds, muting microphones when not speaking, and being available to answer questions during regular business hours (even if Joe or Nancy have to run an errand in the middle of the day). If virtual backgrounds are not used, then employees should be reminded to remove non-professional or messy-looking items from within the screen’s view. Further, employees should be reminded to close other windows and remove other distractions and look into the camera when speaking and listening. Spouses, children and others should not interrupt when engaging in video calls. Also, establish cybersecurity procedures, such as only working from secure networks. And if you need certain positions to work nine to five, specify which ones on the new policies.

Illustration ©iStockPhoto.com

Subscribe to Attorney at Work

Get really good ideas every day for your law practice: Subscribe to the Daily Dispatch (it’s free). Follow us on Twitter @attnyatwork.

The post 5 Tips for Making the Transition to Virtual Law Firm Status appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/virtual-law-firm-5-tips-for-making-the-transition/ via http://www.rssmix.com/

[rachelrcostc]

Reduce Time Spent on Legal Drafting by 80% to Gain a Competitive Advantage

There isn’t enough time to deal with everything your firm needs to do. Here’s how Lawyaw Legal Drafting can help.

Each year, the team at Lawyaw talks to thousands of legal professionals who are looking for solutions to the myriad challenges of practicing law in the 21st century. The most common theme from those conversations is that there isn’t enough time in the day to deal with everything that needs to be done.

Many of those firms are hoping to use legal technology like document automation to modernize their operations — to adapt current processes to be more efficient so that their teams can do more with existing resources rather than trying to hire their way out of the problem.

Even after the rise of remote work and virtual events as buzzwords in legal, it’s still a surprisingly small number of firms that have successfully adopted new technology to solve problems. According to the Future Ready Lawyers Survey released by Wolters Kluwer, only 32% of respondents said their firm was prepared to use technology to be more productive, while 88% are actively implementing new technology to try and catch up.

Part of what’s driving the recent spike in adoption is the increasing evidence that modernizing firms are gaining a competitive advantage. The survey found that technology-leading firms were almost 3x more likely to have increased profitability during the past year compared to tech-trailing firms.

Why Choose Document Automation?

For most law firms, legal documents are the foundation of their practice. From filling and filing court forms on behalf of clients to creating custom legal documents spanning the relationship from the fee agreement to final invoice (and everything in between), drafting legal documents is an essential part of most firms’ daily activities regardless of practice area.

In fact, many firms are spending as much as 20% of their time each week drafting documents using manual processes like find-and-replace across a series of finely tuned Word documents. That’s one day of each week!

The possibility of reducing the amount of time spent on legal drafting can be very impactful. It’s not just about the time saved, but how law firms can repurpose the time to higher-value tasks. Staff can spend more time improving client service, building relationships, or developing new business opportunities. The real impact is everything else you can do once you’re not spending so much time on rote tasks.

What Can Lawyaw’s Document Automation Do for You?

Convert your firm’s existing MS Word docs into easy-to-use, cloud-based templates that can be accessed from anywhere with an internet connection. (We’ll gladly help with converting docs if you’re too busy.)

Stop retyping client and matter information over and over into routine court forms and legal documents. Enter it once, and you’re done.

Organize projects by pre-saving sets of documents that you use together frequently. This way, you can populate everything you’ll need for a project all at once.

Avoid errors from manual drafting processes by streamlining document creation. Never worry about another missed footer again!

Assign multiple roles to a contact (for those times when someone is Power of Attorney, Beneficiary, and Next of Kin, for example).

Automatically update subject/verb agreement, pronouns and more based on client information, thanks to powerful conditional logic.

Simplify delegation of tasks to staff even when working remotely, and never worry that people aren’t using up-to-date versions of documents.

Improve client satisfaction with convenient tools like eSign built-in.

And that’s just the beginning.

Read more about how our users have reduced time spent drafting by more than 80%, how they’ve been able to improve morale, and how they’ve gained competitive advantages against opposing counsel.

We’d love to talk about the challenges you’re trying to solve and see whether our legal document tools would be a good fit for your practice.

What Are the Keys for Being Successful with New Technology?

There’s one key to getting this right: begin and end with the problem you’re trying to solve.

There are lots of “solutions” available, but none of them are going to fix things for you right out of the box. Before evaluating possible innovations in your practice, you first need to prioritize what problem you need to solve.

Follow this five-step process for prioritizing and selecting tools that will be most impactful for your firm:

Write down everything that drives you nuts about your firm: Client communication, court filings, document drafting, accounts payable, and so on. But be as specific as possible. Dig into the broad problems to identify the specific pain points.

Prioritize the problems. Identify factors that make some problems more impactful than others. Would solving a problem bring new revenue? Does a problem impact clients? Decide which factors move the needle and use that to score the problems. The one with the highest score gets solved first.

Imagine possible solutions to your problem. Are there low-tech solutions? People-intensive solutions? Automation? Create a list of possible solutions to your one problem.

Now prioritize your solutions with a set of factors that are most important to you. Maybe you want the fastest solution, the cheapest, or the easiest to implement. At the end of this second prioritization exercise, you’ll have one solution that ties back to your one problem.

With the solution in hand, set a deadline and identify an advocate. You’ll need one person who owns the implementation. Whatever the result, one person should have a clear vision of the problem and solution pairing and be empowered to manage the implementation process for the rest of the team.

Read more about process changes and technology implementation best practices here to further improve your chances of success.

The post Reduce Time Spent on Legal Drafting by 80% to Gain a Competitive Advantage appeared first on Attorney at Work.

from Law and Politics https://www.attorneyatwork.com/reduce-time-on-legal-drafting-gain-a-competitive-advantage/ via http://www.rssmix.com/

[rachelrcostc]

The question every legal regulator needs to answer

Earlier this month, I was fortunate to appear on the closing panel at the International Conference of Legal Regulators‘ 2021 Virtual Conference. The premise of our panel was that regulatory innovations are taking place in many different countries, and we should decide whether this is a good thing or not. I was the last of […]

The post The question every legal regulator needs to answer appeared first on Law21.

from Law and Politics https://www.law21.ca/2021/10/the-question-every-legal-regulator-needs-to-answer/ via http://www.rssmix.com/