KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a...

31
KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS WANZER EDWARDS, PC Running a Family Law Practice:

Transcript of KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a...

Page 1: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

KEEPING YOUR QUALITY OF LIFE & YOUR SANITY

BY: ELISABETH M. EDWARDSWANZER EDWARDS, PC

Running a Family Law Practice:

Page 2: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

The A-B-Cs of Success

Page 3: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

A-B-Cs of Success

Not quite as easy as 1-2-3, D0-Re-Mi, baby you and me . . .

Page 4: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 5: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 6: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 7: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 8: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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”

Page 9: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 10: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 11: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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!

Page 12: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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.

Page 13: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 14: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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”

Page 15: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 16: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 17: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 18: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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?

Page 19: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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?

Page 20: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 21: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 22: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 23: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 24: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 25: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 26: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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 . . .

Page 27: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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.”

Page 28: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 29: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 30: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

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

Page 31: KEEPING YOUR QUALITY OF LIFE & YOUR SANITY BY: ELISABETH M. EDWARDS W ANZER E DWARDS, PC Running a Family Law Practice:

Questions?

You can find me getting my zen on at . . .

Wanzer Edwards, PC55 Monument Circle, Ste. 1055Indianapolis, IN 46204ph 317.454.8088 | [email protected]