"AvoidAClaim" Blog

This practical and user-friendly guide provides you with proven strategies and sound advice that will make the process of collecting your fees simpler, easier, and more effective. This handy resource provides you with the framework around which to structure your collection efforts. The author will help you:

• Improve your relationships with present clients and set the proper expectations with new ones to ensure timely payment of bills.
• Understand why you need to discuss the issue of fees at the first meeting to set the tone for getting paid.
• Implement an effective collection policy and procedure at the initial client meeting.
• Prepare a fee agreement letter that should include your firm’s hourly rate and the client’s agreement to pay.
• Increase contact with your client, keeping them informed with frequent status reports, to guarantee payment at the end.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

Worried about the economy? Are you a lawyer out of work? Are you afraid you will be laid off? Are you struggling to manage your firm through a down economy? In a single volume, How Good Lawyers Survive Bad Times, will provide you with a wealth of tips, resources, and tools to help you survive in bad times, as well as teach you management, finance, marketing and technology essentials necessary to succeed.

The weak economy and large number of firm layoffs have resulted in a flood of potential new solo and small firm lawyers starting their own practices in the wake of the exodus from “BigLaw”. Small practice lawyers, well seasoned or just starting out, can gain immeasurably by just applying even a few of the myriad tips within this book. The book is broken out into three parts:

1. Afraid of Losing Your Job? Lost it Already?
2. Managing and Marketing Your Firm In a Down Economy
3. Do It Better, Cheaper, Faster with Technology: Using Technology to Boost the Bottom Line

A full review of this book from LAWPRO Magazine can be found here.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

Becoming a partner in a law firm is a goal of many lawyers-an upper rung on the ladder of success. Most lawyers think they will make partner eventually, but in reality, many never reach this level. Do you know what you should and should not be doing? Do you really know what your chances are at your firm? Now, you no longer have to rely only on observation and gut instinct to take those next steps up. This concise, straightforward book looks at all the variables and provides detailed advice on how to create your own strategic plan for success.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

TitlePLUS has on its website sample forms, letters and reports for the use of real estate lawyers.

Among the useful documents there is a sample real estate retainer letter.

It is provided for your consideration and use when drafting your own versions of these respective documents. It is not meant to be used “as is”. It should be adapted to reflect your firm’s procedures and policies, and will need to be modified to correspond to different areas of practice.

Perhaps you are a law student who realizes that practicing law is not what you want to do. Or maybe you are a practicing lawyer who no longer feels satisfied with your work. If you feel it’s time for a change, this newly revised guidebook will show you what you can do with your law degree, besides practice law. More importantly, this book will illustrate how to use your legal skills to rise above the competition.

Learn in detail what opportunities exist in these fields:

• Business and Industry–jobs in corporations; accounting firms; media companies; health care and pharmaceutical companies; engineering firms; real estate sales; high-tech companies; and more.
• Government and Public Service–positions in the executive, judicial and legislative branch.
• Associations and Institutions–careers in professional associations; PACS, lobbying, and campaigns; national and international service organizations, publishing companies; educational institutions; unions; and more.
• Entrepreneurial Ventures–opportunities for consultants, agents, writers, counselors, investigators, informational technology specialists, and more.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

As a supplement to her article Dealing with Difficult Clients, Carole Curtis (now Justice Carole Curtis) provided practicePRO with her Adminstrative Information for New Clients document that was given to new clients at the start of her retainer.

It explains to the new client the firm’s office hours, procedures for appointments, contact information for staff, accounting procedures and other things that will help make interactions between the client and the firm go smoothly.

It is provided for your consideration and use when drafting your own versions of these respective documents. It is not meant to be used “as is”. It should be adapted to reflect your firm’s procedures and policies, and will need to be modified to correspond to different areas of practice.

This article by Gerry Riskin appeared in the Summer 2007 issue of LAWPRO Magazine. All past issues of LAWPRO Magazine can be found at www.lawpro.ca/magazinearchives

The excuses lawyers offer for not delegating work are many:

• “I’ll lose control.”
• “The delegatee or student might botch it up.”
• “I need to maintain a level of billable hours.”
• “It takes too much time. I can do it myself just as quickly.”
• “I like to keep my hand in by doing some of these kinds of files myself.”
• “It’s my client and if I delegate the work I won’t have the answers to questions I may be asked.”

The fact is, these objections rarely stand up to scrutiny: Done right, delegation is a win-win-win-win.

Delegating work, especially routine work, frees up the lawyer (delegator) to tackle more difficult and demanding work. It also better serves the interests of the firm and the client if these tasks are delegated to a lower level of competence in the firm. The delegatee (associate towhomthework is delegated) develops new skills and insights. The client receives quality work at an affordable price. Often, clients are also impressed by the higher level of motivation, enthusiasm, intensity and drive that an associate brings to the file compared to a more senior lawyer who considers the matter routine.

So the benefits of delegating – the art of getting things done through other people – are unassailable. Yet the process of delegating can be difficult for many lawyers.

Effective delegation begins with an understanding of your objective: Your goal is to maintain control and responsibility while motivating others to help you by performing at their peak performance.

First, you need to fully understand the nature of the client’s work, and then determine what routine matters can be delegated to a junior, or what specific issues are best assigned to someone with more expertise than you have in that area.

You also need to be prepared for resistance from the delegatee. “I’ve never done anything like this,” might be one excuse offered. Or “I’mgoing flat out right now and can’t see the light at the end of the tunnel,” or “I have to give priority to a file for one of the other partners.”

Overcoming this resistance is not as difficult as it appears. Sometimes resistance is most easily neutralized by simply asking questions which can be followed by some basic negotiating. One way to address the first situation might be to ask for more information on what is being done for whom and by when, which may lead to a simple solution of adjusting the timing or talking with the other partner. Understanding the art of delegating can overcome all the concerns and resistance identified above.

Confusion and client problems may result if a lawyer suddenly begins delegating responsibilities to untrained juniors. A gradual approach to delegating is best. Each lawyer should identify client work that can be delegated. The effectiveness of delegation can be enhanced through training and practice.

Being effective at delegating client work requires trust in the delegatee. That trust can be enhanced through proper supervision and coaching. Many abdicate instead of delegate, and then complain about the inadequate result.

Based on research that Edge International has conducted over many years, we have determined that there are six key steps to effectively delegating work on a file: (more…)

If you are dominated by work from the moment you arise until the moment you turn off the lights at night, you are not alone. Years of narrow focus, hard work, pressure, and endless striving for material reward are the hallmark of many lawyers’ lives. This title is written specifically to help lawyers achieve professional AND personal satisfaction in their career.

George Kaufman examines how the profession has changed over the years, then offers philosophical approaches, practical examples, and valuable exercises to help lawyers reconcile their goals and expectations with the realities and demands of the legal profession. You’ll find information on empowering yourself to take charge of your environment and how to achieve your plan for personal growth.

The practicePRO Lending Library is a free resource for Ontario lawyers of more than 100 books on a wide variety of law practice management related topics. You can see a full listing of our books here. You may borrow a book in person or via e-mail.

The practicePRO Library is located in our office at 250 Yonge Street, Suite 3101 in Toronto and can be visited during our regular business hours (Mon to Fri, 8:30 to 5:00). We invite you to come by anytime (please email in advance)to peruse our selection. All titles in the practicePRO Lending Library can be shipped to Ontario lawyers at our expense, and returned at yours after three weeks.

If you would like to borrow this or any other book please email us. Most of our titles are also available from the American Bar Association Web Store or the major booksellers here in Canada.

This Appendix to Managing a Mentoring Relationship (adapted with permission from Lois J. Zachary’s The Mentor’s Guide) contains an outline of the major issues that should be considered when a firm mentoring program is created.

1. Ensure full and visible support from top management
   Create an action plan for engaging top management in the creation and roll-out of the program. Ensure that top management supports the program on an ongoing basis. Be specific and detail the necessary steps to make that happen.
2. Define the purpose of the program
   Develop a clear, concise mission or purpose statement for the mentoring program. Identify the business reasons for developing a mentoring program, and what its goals will be.
3. Identify a champion
   One of the best things for ensuring the success of a firm mentoring program is to have one or two people who truly champion the initiative. They should be prepared to fully and unconditionally support and push the program, and they should have the support of senior management and all resources necessary to accomplish the goals of the program.
4. Define management, oversight, and program operation
   Identify an oversight person or team, and allocate necessary personal and other resources for the program. Identify the specific roles and responsibilities of the oversight committee. Establish policies and procedures for the program. Identify how confidentiality and special circumstances are to be handled. Define the criteria and determine the measurement and evaluation processes.
5. Identify roles and responsibilities
   Create a description of the roles and responsibilities for all parties who are to be involvedin the mentoring program. This will include asking the following questions:
   • What are the role and responsibilities of the mentor?
   • What are the role and responsibilities of the mentee?
   • What is the appropriate role for the manager or supervisor?
   • What should the duration of the relationship be?
   • How many mentors or mentees should a person be engaged with at one time?
   • What should regular interaction look like?
   • Should training and education programming for mentors, mentees, and supervisors be required? Will it be voluntary?
6. Define mentee pool
   Identify the target mentee population for the mentoring program. Will it just include new associates? Should articling students be mentored? What about senior lawyers who join the firm?
7. Create the mentor pool
   Creating a pool of mentors will involve the following questions:
   • Who should serve as mentors? Who should not?
   • What specific characteristics should mentors have?
   • How many mentors will there be for each mentee?
8. Develop a pairing process and criteria
   Create a process and criteria for matching mentees and mentors. Identify specific policies and procedures for handling matches that fail – some will. These should be handled on a no-fault basis.
9. Build a mentor education and training program
   Determine what kind of training and education is needed for mentors and mentees.
   Create a training schedule and consider holding an initial orientation and, if necessary, ongoing education programs.
10. Track the ongoing progress
    Monitor and track the ongoing progress of the program. Develop contingency plans for overcoming unanticipated obstacles. And, to improve the program, be prepared to proactively address any failures or shortcomings in the program.
11. Identify ways to reward, recognize and celebrate mentoring success
    To build momentum and an ongoing commitment to mentoring, develop an appropriate reward, recognition and celebration plan. Determine if excellence in mentoring should be recognized.

When approached by new lawyers just starting out in practice, we often recommend finding a mentor: A senior lawyer who knows the ropes, who has “seen it all”, and who can explain aspects of practice that the mentee would otherwise only learn via trial and error.

But learning does not always have to flow downhill, from senior lawyers to juniors. It’s the wise lawyer who understands that it’s dangerous to assume that he or she already “knows it all” and has nothing to learn from peers. Italian master Michaelangelo is reported to have, when in his eighties, waved off an acquaintance’s over-effusive praise with the words ancora imparo: “I am [still] learning”.

As lawyers grow their practices, work life gets busy. With less time (and perhaps less need) for networking, more established lawyers run the risk of working in increased isolation, answering only to themselves. This means less exposure to other lawyers’ work habits, thought processes, and approaches.

While you may feel that your work habits and routines form a solid, tried-and-true method, it’s quite possible – even considering only the evolution of technology − that someone younger or less established has figured out a better (faster… more error-proof…more graceful) way to do a thing or two. Want to avoid being overtaken by the upstarts? Look for opportunities to find out how other lawyers work.

How might you do that? You could offer yourself up as a mentor, and learn from younger lawyers on the sly. For more information, see our booklet “Managing a Mentoring Relationship”, which describes suggested “rules of engagement” for this kind of relationship, and includes the guidelines under which LAWPRO will waive surcharges on claims made against lawyers acting as mentors.

You might also consider collaborating with colleagues on a research project, or in the creation of CPD materials; or joining a bar association section of interest to you. Or, the next time you attend a CPD program, you could choose to sit down next to a lawyer you’ve never met. There’s no better way to gain a new perspective on your work.