KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a...
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Transcript of KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a...
KEEPING YOUR QUALITY OF LIFE & YOUR SANITY
BY: ELISABETH M. EDWARDSWANZER EDWARDS, PC
Running a Family Law Practice:
The A-B-Cs of Success
A-B-Cs of Success
Not quite as easy as 1-2-3, D0-Re-Mi, baby you and me . . .
A is for Accessibility
Providing accessibility to clients and opposing counsel can help you solve problems before they spiral out of control
Frequently the #1 complaint re: prior attorneys is “he never returns my calls,” or “I never got a copy of the Order/letter/email.”
It means a dedicated email address, phone number, voicemail and fax number
Response time to emails and phone calls should be ASAP and preferably within 1 business day even if just checking in
B is for Boundaries
Be accessible, but keep client-related work within business hours
Have a work-only cell phoneDo NOT answer the phone in the evening or
on weekends unless in very rare circumstances
Be present for the important people who are waiting at home for you
C is for Credibility
The 3 Cs – Clients, Opposing Counsel and the Court
You cannot believe everything a client tells you
Remain neutral in your framing of the situation to your opposing counsel and to the Court
NO ONE CLIENT IS WORTH LOSING YOUR LICENSE OR RESPECT WTIHIN THE LEGAL COMMUNITY
D is for Drama
Your job as an family law attorney is to try to diffuse the difficult emotions, not add to them
Bring your clients off the ledge and remind them of the end game
Rather than filing a scathing pleading, ask yourself how can I solve this with 3 phone calls?
Your Mantra: “Is this moving the file forward?” If it’s not actually a “legal” issue, diffuse and
move on
E is for Efficient & Economical
Streamlining necessary evils of the practice whenever possible, e.g. web-based billing software, cloud storage, emailing communications & invoices
What will make me better, faster & more efficient? Smart phone usage is a must for avoiding email build-up
and calendaring Billing on the go Check scanning
Getting “bang for your buck” with products and advertising; how do clients reach you?
Providing “steak service on a hamburger budget”
F is for Fiscally Responsible
Requirement #1: Written budget Review budget as you enter Q4 – How did we do?
Where do we need to adjust?
Book-keeping softwareStarting small and working up to where you
want to be without going brokeNeed someone to audit your books, need a
tax preparer, need good corporate documents
G is for GETTING PAID
No free consultations! Start the conversation in the initial consultation and keep
having it throughout the representation, e.g. “do you want to spend your attorney fees for a hearing on this when we already have a hearing scheduled?”
Billing twice a month keeps clients more engaged with where they are; don’t get in the hole as often
Billing via email, payments over web / body of emails, accepting credit cards Old “retainer” a/k/a “advanced fee” system versus credit card
authorizations Detailed invoices show value to clients, e.g. where did my
money go? Clients will not value work they get for free; need skin in
the game
H is for Help
Ask for, pay for, hire help when you need itGet smart about knowing what you don’t knowYou will “pay” for it later if you don’t pay for it
nowFolks to consider:
Assistant / Receptionist Tax preparer Accountant Website designer Marketing / Advertising / Art “The computer guy” When you really need an Associate Think outside the box – Who do you know? Just ask!
I is for Insurance & IOLTA
Malpractice insurance is a requirement Not as expensive as you might think Often a requirement to be part of a referral network, such
as Indy Lawyer FinderConsider premises liability insurance as wellHealth insurance?
PEO vs. Individual planIOLTA account for client trust funds – may cause
accounting headaches, but it’s a requirementMust have an IOLTA account for “unearned” fees
plus an operating account for fees earned; cannot have clients paying directly into an IOLTA
But need to move funds quickly upon payment, etc.
J is for JLAP
Judges & Lawyers Assistance ProgramNot just for attorneys with alcohol &
substance abuse problemsDepression, burnoutWinding up a practiceAssistance with ethical dilemmasSurrogate attorney issues
K is for Knowledge
Get a mentor, a “let me ask / tell you this off the record” person
IBA Senior Lawyer “Safe Ask” programListserv memberStay current on CLEs – one of the best ways
to learn is to do and to teachDifference between law, strategy and human
elementCall ahead before getting involved “out of
county”
L is for Location
Location, location, location!Where you are can impact your bottom line –
these are fixed expensesWhere do you need to be?
If you are a part-time PD, need to be close to the courthouse
If you serve the indigent or elderly, perhaps a bus routeWho is your client and how often do they need
to see you?Do you want free parking or accessible parking?You really can get more than you think in this
market
M is for Marketing
How do your clients find you? When in doubt, do something for free; if people want you
to join a “network” or have you pay THEM for you to speak or provide content, think twice
Cross-marketing opportunities Anything but the yellow pages You MUST have a presence on the internet
Quality of website can have a direct correlation to how clients and opposing counsel see YOU and your work
Word-of-mouth is your very best resource! Thank Aunt Sally and Neighbor Bob for suggesting you, even if the client doesn’t retain
Track your referral sources – if you haven’t received a client from it that will pay for the service/referral network/advertising, don’t do it again
N is for NO
Don’t take every client Watch out for some red flags
And don’t stay in on every case – maintain credibility by getting out if clients lie, don’t follow your advice, etc.
Don’t accept every appointment to a board, to teach a seminar, speak to a class, or have a student shadow
Don’t feel compelled to volunteer for everything, whether legal or non-legal We can’t stop taking charge Let people who are not running a business do the heavy
lifting
O is for Office Space
Versus LocationDo not need to start with $1MWhat feelings are you trying to invoke?
Inviting and comfortable Very high-end
Thrift vs. just plain oldWhat activities will you be doing at the
office? What will clients be doing? Client areas vs. “Employee only” areasDo you need a decorator?
P is for Professionalism
As a follow-up to credibility . . . It is possible to advocate for your client and maintain collegiality and friendship with
your opposing counsel NO SNEAK ATTACKS! Act like you’ve been here before, even if you haven’t Handling yourself in a friendly, approachable way with opposing parties, staff, court
personnel goes farther than your expensive suit You never get a second chance to make a first impression Keep your cool – when in doubt, breathe! Learn to respectfully disagree; but tell me why you advised your client to do X Respond when opposing counsel asks for something, even if it’s to say you can’t
respond Also need to handle delicate and sensitive information very carefully with clients;
they are telling you secrets they haven’t told anyone else Remember that people are watching Consider your audience There is a right way and a very wrong way to relay delicate information Think – What if the other party were my sister? Would I want this in a public
document?
Q is for Quality
Do quality work, all the timeThese documents can be public; your name is
on them for all timeYour clients are paying for hours of your time;
they deserve to have a good quality documentSpellcheck and re-read before sending; all
credibility will be lost if you have misspellings and incorrect words
Your clients can be impacted if you go too fast – deadlines missed, more attorney fees, amendments needed
R is for Research Tools
The listserv is not for researchYou must have an electronic research tool
available to you Old standbys – Lexis, Westlaw Discounts on ISBA Casemaker, IBA forms online
Not only for statutes and caselaw, but other sourcebooks for forms
Helpful to maintain your own documents in searchable format so you don’t reinvent the wheel every single time
S is for Service
Service to the profession Bar association – seminars, committees Community – law school/students, organizations that need legal
advisors Does it help someone and make you feel good at the end of the
day? How can you show what you know, help others AND everyone
goes home happy?Service to your customers, your clients
Most of your referrals will come in some way from former clients who had great experiences
There are many choices in this area, and not every personality is compatible; of those that are, what stands out is quality work and customer service
The client is not always right, but they don’t have to be wrong
T is for Time
Track it, bill it, guard it Your time is the service you are providing; do not
shortchange yourself You cannot do free consultations How am I going to track my time? Where am I going to
enter it? To use minimums or not? Do not continue to put time into a case when there is no
money unless it is pro bono from the beginning Be on time for Court! Respect client’s time as well Block out periods of time to “catch up” after being in
Court, out of town, etc. Always overestimate how long it will take you to complete
something You MUST save time for yourself or your family
U is for Understand Your Role
You are the attorney, not a mental health professional, not an expert
Your role as officer of the Court is to keep it simple
“Get in, get settled and get out of the way”Even if the case is ugly, your goal should be
resolution of some sort; you are not going to be holding your client’s hand at the Sunday evening parenting time exchange or after the case is over
Leave it better than you found it, but remember that is not always possible
V is for Vacation
You MUST take one to avoid burnoutSo long as you block out the time far enough in
advance and protect it from any “intrusions,” you will be able to leave
Contrary to your belief, YOU REALLY ARE NOT THAT IMPORTANT
Your clients will surviveNotify clients ahead of time, leave an out of office
message on your VM and autoreply on emailIf you must, check your email on your smart phone
once per day at a designated timeIf you have no assistant to hold down the fort, see
about a trusted attorney/colleague/friend acting as a temporary surrogate
W is for Workload Management
Your mantra should be that you can always take more, until you cannot
Find the tipping point for you to give good service and provide quality work
When is it time for an assistant? How can I work smarter, not harder or longer?
Look at your work-week, not just the day ofWork your cases BEFORE they go to trial; don’t
just put out the fire that’s right in front of youYou should NEVER have 4 hearings in a day . . .
X is for X-amine Your Priorities
Do you have the practice you want to have?What is your goal for starting a practice?You really don’t have to give up your family to
start a firmAreas to consider: home, work, mind, body, spiritAnswer the question, “If I could wave a magic
wand and have the perfect practice, it would look like . . .”
VisualizeBe specific. Not just “I want to work less,” but “I
want to be able to finish my work at 6:00pm so I can attend my son’s soccer games without being on the phone the whole time.”
Y is for YES
Say yes to lunches, inquiries, new opportunitiesYes to non-legal invitations offered by colleaguesYes to YOU:
Taking care of yourself with a massage Making yourself go to the cocktail reception that you’ll
have fun at anyway Building in fitness opportunities Put yourself on your calendar
You will not remember the night you stayed late at work or went in on Saturday, but you’ll remember your daughter’s ballet recital
Z is for Zen
Find your Zen“Serenity Now!”You need to be able to leave it at the office;
compartmentalize it and be entirely present for the people at home
Your cup must be full to continue to fill othersWhat makes you happiest? Don’t overlook doing
that and nurturing non-legal aspects of yourselfDoing something else that doesn’t require a J.D.
makes you better at what you doFind God, find golf, find somethingBreathe
Misc. Final Thoughts
Get over having a June Cleaver spotless houseTry to build in dinner for yourself – get a crock-pot,
pick up pre-made “homemade” food from the deli counter
Make it a goal to schedule 1 massage per month, or 1 pedicure, or 1 round of golf, whatever gives you relaxation
You can only do so much – you are only one person!Be gentle with yourselfStay in the moment and remember to breatheMake a list, check it twice
Questions?
You can find me getting my zen on at . . .
Wanzer Edwards, PC55 Monument Circle, Ste. 1055Indianapolis, IN 46204ph 317.454.8088 | [email protected]