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Small Law Office Management for the Legal Professional
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Small Office Management for the Legal Professional
November 14, 2007
Oklahoma City, OK
Shawn J. [email protected]
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What is a small law firm?
A 2002 survey conducted by the OBA revealed the following:
31% of respondents work as solo practitioners
43% of respondents work in law firms of 10 or fewer attorneys
http://www.okbar.org/public/about/survey02.htm
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Disarray
a mental state characterized by a lack of clear and orderly thought and behavior; "a
confusion of impressions" untidiness (especially of clothing and appearance)
disorder: bring disorder to
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Chaos
• a state of extreme confusion and disorder
• the formless and disordered state of matter before the creation of the cosmos
• (Greek mythology) the most ancient of gods; the personification of the infinity of space preceding creation of the universe
• (physics) a dynamical system that is extremely sensitive to its initial conditions
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What is the problem with loosely organized chaos?
--high likelihood of costly mistakes
--toxic work environment for some or all of people in the office
--spending more non-billable time than necessary to accomplish tasks
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A. Law Office Organizational Structure
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1. Decision-making Levels
→Create order out of chaos with clear and consistent decision-making process
→Identify the different areas in which decisions need to be made
→ Determine which decisions should be made by which people in the firm
Purchasing basic office supplies vs. Purchasing a new conference table
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Management Principle: Profession vs. Business
• Over 6,000 lawyers in Oklahoma County
• Many legal services are viewed as commodities
• Adopt customer service principles from other businesses
• Analyze cost/benefit of a client
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Dealing with your law firm should be marked with the following:
• Ease (relative)
• Pleasant
• Consistent
• Quality
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2. Staffing the Office
Organizing the TEAM Refers to people who work at the firm and
people that provide critical services to the firm on a regular basis – IT, banker, copier,
Finding Staff
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Optimizing Law Office Performance
Know and recognize the role the staff plays in the firm’s success
Recognize contributions to the bottom-line other than billable hours
Staff is first level of contact with customers will person make positive first impression capable of handling intake information
Focus on skills not titles
Value Add Example
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Office Systems and Procedures
1.Tracking DEADLINES and dates
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Perform on the things you can control
There are many things that are out of the control of the attorney. However, being reliable and responsible is ALWAYS within the control of the law office. A fundamental element of being reliable is meeting deadlines.
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Why are deadlines such a big deal in law offices?
Because often the consequences of missing one are severe and not easily remedied
Avoiding malpractice
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Elements of the System
Immediate & automatic calendaring of relevant events
Double checking of entries & notifications
Sufficient time for preparation and performance
Reminders to avoid missing deadlines
Regular follow-up
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Things to consider in designing system
A. Who is required to perform the tasks
B. What activity needs to be performed
C. Where the activity will take place
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Litigation Docket Control
System should include:
Statute of limitations Due dates for pleadings Due dates for motions Due dates for briefs and other documents Due dates for responses to discovery Scheduling of depositions Scheduling of trial or hearing dates Notices of appeal
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2. Form Database
It is about LEVERAGE.
Doing something once but continuing to get value out of an infinite number of times
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• contracts drafted and/or reviewed, • Petitions, Summons, Answers, • Interrogatories, Requests for Production of Documents, • motions for summary judgment, • orders, • legal memoranda,• legal briefs,• letters on topics such as collection, probate pleadings, • divorce pleadings, • tax documents, • wills, trusts and powers of attorneys.
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Necessary Elements
• A central storage place;
• Easy access for anyone wishes to use it;
• An index or sorting mechanism that allows quick
location and retrieval of documents; and
• A commitment by the law office to build and
maintain the database.
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Finding Practice Tools
What are we talking about?
Sample Briefs, Motions, Complaints and Settlements
Forms and Contracts
Jury Verdicts
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Places to Look
• Google it• OSCN it• For appellate briefs you
can . . .– Supreme Court at Findlaw
– www.appellate.net
– Selected Federal
– and– state courts
7th & 8th Circuits
Florida, Kentucky, Michigan, Missouri, Montana, North Carolina North Dakota, Texas, Wisconsin
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3. Communications
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Forms of Communication with the Public
• Unified Presentation in all forms of contact with the public:
– Face to Face
– Telephone
– Written Documents
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Paying attention to details
Consider the Signature Block on Email
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What does this signature tell the recipient?
• Precisely who the message is from
• All contact information to contact the sender
• Unified message for all recipients
• All the information necessary to create a basic contact
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3. File Management
Requires
Commitment
&
Participation of whole office
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Components of File Management System
• Preparing files
• Opening files
• Logging the contents of files
• Putting documents in files
• Getting files out
• Putting files away
• Closing Files
• Destroying documents in files
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A documented file management system tells everyone in the office:
• What to do when a new matter is
opened
• Where to find the key documents in
a matter
• Where to find a file
• Where to return a file to Sample Policy, p. 28 of written material
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Color-Coded Filing Scheme
Red Domestic Relations Bloody & Heated
Green Real Estate Money & Grass
Blue Probate & Wills Sadness & Blues
Yellow Litigation Caution
Business Matters In the PinkPink
Peach Best clients favorite colorPeachy
Warren Miller, Institute of Law Management & Economics, OBA 1979
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Closing and Destroying Files
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Items to consider when closing a file:
• Are there any originals to return to the client?
• The Index or system that will be used to track the closed files
• Where are the closed files going to be stored?– Ease of access– Digital????
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Destroying Files
• The Oklahoma RPC allow attorneys to destroy files
• RPC is not specific on how long files must be maintained or how they should be destroyed
• Consider the OBA Journal Article by Jim Calloway on the topic
Closing Files, Destroying Files and Making Money, Oklahoma Bar Journal, August 4,
2007, Vol. 78, No. 21, pages 1979-1981.
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D. Systems Setup and Management
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1. Digital DocumentsHow many people have a PAPERLESS law office?
What are some of the ways that your offices uses digital documents?
How many people have e-filed?
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A paperless office???
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What makes more sense is the “Paper LESSOffice™”
• Process focuses on turning physical paper into electronic paper, while the paper itself gets filed away and may not need to be accessed until file destruction or closure
• Store docs as Searchable PDFs• Connect them to Client/Matter files via
document management functions• Instant access to the “digital paper” from
anywhere, anytime• Stop wasting time chasing paper files
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Ways that DIGITAL can impact the law office
• frees up storage space– especially for closed files
• frees up time that would be spent searching for and retrieving documents
• saves paper, reduces clutter
• review, track and label documents more efficiently
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Core Components
1. Scanner
2. Digital Document Software
3. System for tracking digital files
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An example from our office
1. Xerox DocuMate 510
2. Adobe Acrobat Professional
3. Documents saved in file management system built into Windows XP
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Multiple files for different file formats
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Necessary Actions
• Create all documents as PDFs
• Scan all incoming documents as PDFs
One more advantage: access documents from any Internet-enabled computer
The Lawyer’s Guide to Adobe AcrobatDavid Masters
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Practical Uses
Transfer large quantities of documents, quickly, without making copies
Deliver a document to someone for immediate review, regardless of where the person is located: The handheld device view
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Richard Keyt: Simple Inexpensive Way to Create the Paperless Law Office
1. I bought two Xerox Documate 262 scanners (one for each of us) for about $900 each. It's about the size of a shoe box and sits next to our flat panel computer monitors.
2. Each of us has Adobe Acrobat. I have the Pro version (approximately $400) and my wife has the standard version (approximately $250).
3. We networked our two computers using a peer to peer network. All data files are saved on my computer. I make regular backups onto DVDs and hard drives and store the back up media in a safe deposit box at my bank.
4. We use Time Matters for many things, including document management. It is $350 for the first Pro user and $200 for each additional user. I've used Time Matters since 1998.
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2. Office Software
The Mechanical engine of the law office
Makes the machines run
Can either promote efficiency or create endless opportunities for struggle
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Suites of Office Software
Microsoft Office
WordPerfect Office
OpenOffice.org
Google Docs & Spreadsheets
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Control the office software do not allow it control and limit you. This means:
• Get software that people can use
• Get help if you don’t know how to use it
• Make the software do what you want to do with it
• Use the features and functions of the software
you have
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You might have a computer problem, if . . .
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3. Written Office Policies and Procedures
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Why written office policies?
• Increasing the chances a tasks can be
performed correctly and consistently
• Alleviating the need for the person who created
the policy to explain it each time
• Increasing efficiency by eliminating the number
of questions that must be asked about each task
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Essential Policies
Job descriptions
Structure of office
Supplies and equipment
Office docket control system
Communications
Billing
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Law Office Procedures Manual for Solos Law Office Procedures Manual for Solos and Small Firmsand Small Firms, Third Edition,
Demtrios DimitriouDemtrios Dimitriou, ABA Law Practice Management Section.
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E. Organizational Tips and Tricks for Effective Office Administration
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1. The Management and “Control” of Time
A. Implement the digital law officeDeliver documents digitally instead of with hard copy
B. Self-study. Consider spending one week recording every minute of your office time, including trips to the restroom and personal phone calls and drop-in visitors.
C. Analyze office staff to ensure that right people are in right positions performing the right functions
D. Affirmatively address client deadlines and demands
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2. Return phone calls and message
• Be reliable and consistent
• Return messages by end of the day they
are left
• Directly impacts firm image and reputation
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3. Managing People
• Listen to podcasts on management– http://davidmaister.com/podcasts/
• Consider an HR consultant to address issues that suck the life out of the office– Low morale– Frequent staff turnover
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4. Maintain a Contact Database
• Organize a contact database
• Allow everyone in the office to access
• Enter every contact you have in it – then you will not have to enter it again or search for the information
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OBA Tips
1. Don’t let the staff get caught between dueling lawyers
2. Be Flexible
3. Staff training is a good
4. Do something nice and unexpected
5. Be careful with criticism
6. Everyone loves a bonus
Motivating Law Firm Staff, Jim Calloway, Oklahoma Bar Journal, Published 77 OBJ 3115 (Nov. 4,2006)
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Web Resources
• Jim Calloway’s Law Practice Tips Blog• http://jimcalloway.typepad.com/
• Blawg Directory: Law Practice• http://www.abajournal.com/blawgs/law+practice
• ABA Law Practice Management Section• http://www.abanet.org/lpm/home.shtml
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The Balancing Act: Time and Financial Management
• Challenges to handling the Workload
• Avoiding systems that create burden
• Timekeeping and Billing
• Tips and Tricks for Efficient Time and Financial Management
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A. Challenges to handling the Workload
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The workload can seem overwhelming when:
Deadlines mount with no plan for meeting them
Focus is on the volume of work rather than the steps needed to complete the work
Clients are not informed of progress on project leading to client pressure for completion usually on an unreasonable basis
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Planning to handle the work load
• Establishing reasonable completion schedules for major and minor projects– List the players and each players role
– List each component part that must be completed to complete the project
– Get agreement from the team on completion dates on each phase
» Sharing the completion schedule with clients
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Gather necessary information from client; Analyze information and determine precisely which documents
will be drafted (one to two days, performed by attorney); Communication with client for follow up questions and gathering
of additional documentation (telephone conference with client by attorney)
Initial drafts of documents (performed by legal assistant usually one to two days)
Review of initial drafts by attorney (one to two days) Send initial drafts of documents to client for review and comment Conference with client to answer questions, discuss comments
and make revisions to the documents (within 10 days of time drafts go out to clients)
Finalize documents, including making all necessary documents and preparation of transfer documents (one to two days after client conference, combination of attorney and legal assistant)
Document signing ceremony (usually within one week of finalization of documents)
File necessary transfer documents with government and/or third parties (usually within one week of document signing ceremony, performed by legal assistant)
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B. Avoiding systems that create burden
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An office system might simply increase burden if:
• No one in the office can explain why the system is used
• The system is used simply because it “has always been done that way” or “everyone else does it like that”
• Execution of the system invariably leads to frustration, anxiety, confusion etc. . .
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B. Timekeeping and Billing
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1. Timekeeping
• Different Methods/Same ResultsRecorded with a pen and paper
Dictated
Inputted directly into billing program by a staff person
Inputted directly in the billing program by the attorney
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Contemporaneous Timekeeping
Baby Steps
Expect Imperfection
Use reminders
Inspire yourself
Attitude
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2. Billing and Collecting
• Bring another person in the office into the process
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a. Review the billing
• Print, distribute, review
• Revise
The billing is a communication on behalf of the law office
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b. Deliver the bills to the Client
On a consistent basis At least once a month Regularity keeps the office on track Communicates organization, reliability and
responsibility to client
In the manner most convenient to the client
Cumulative Effect Loss
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Collecting the Bill – pre-invoice
The First Meeting
Written Fee Agreement
Periodic Updates
Establishing what to charge
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Collecting the Bill – post-invoice
When will the law office first contact a client who has not paid a bill?
How far behind do clients have to be on their bills for the firm to withdraw from representation or cease work on the matter?
What type of contact will be used and when will it occur?
How long does a client have before the law office (if part of the policy) send a matter to a collection agency?
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Time Action Description
Within 30 days Track and record billing Track and enter time into billing program time entries on a daily basis; keep client up to date on fees; prepare prebills for review on thirtieth day of billing cycle
Day 30 Review prebills and finalize billing, mail out (bills are due upon receipt)
Circulate prebills within the firm, review and make revisions, print out final bills and place in mail to client on first business day after final day of billing cycle
Day 61 Reminder telephone call Office manager or collection supervisor calls billing contact at client’s office to remind them that payment has not been received
Day 71 Reminder Letter Simple letter from office manager or collections supervisor enclosing copy of invoice and reminding that payment needs to be made promptly
Day 86 Problem Call Office manager or collections supervisor calls client to determine if there is problem with payment of the bill
Day 101 Collection Letter Office manager or collection supervisor sends letter requesting (demanding) payment on bill that is now at least 70 days overdue and giving 10 days to make payment
Day 117 Final Call Office manager or collections supervisor makes telephone call to client to alert them that if payment is not made the matter will be turned over to outside collections
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D. Billing Systems for the Small Office
Software v. System
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Things to consider
Understand the Firm
Try out the Application
Get information
What is being used locally?
Stick with major players
Get training
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Budgeting and Account Management
• Basic Accounting Program– Acts as checkbook– Use additional features such as payroll– Allows manipulation data
• Control of Overhead
QuickBooks or comparable program
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C. Tips and Tricks for Efficient Time and Financial Management
Avoid tracking minimal costs
Credit Cards (with oversight)
Track all time during the month
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Making a Connection: The Art of Communication Part II
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A. Important of Building Strong Client Relationships
1. Effective Representation
2. Trust
3. Satisfaction
4. Counselor
5. Repeat business
6. Referrals
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B. Verbal Communication
• Setting a common objective
• Clearly identifying responsibilities
• Establishing schedules
• Stating expectations
– Define success!
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Active Listening
• Stop talking and listen• Remove distractions
– ELIMINATE CELL PHONES
• Make the speaker comfortable• Give auditory and visual clues• Empathize• Be patient• Ask questions• Repeat – seek confirmation
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C. Practical Communication
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Tips
• Signed written fee agreement
• Have someone proofread your documents
• Communicate with the client about the case on a regular basis, in a form that the client desires– No substitute for face to face contact
• Understand e-mail – its limitations and benefits
Written Materials,P. 100
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Building Rapport with Clients
Put new clients at ease
Find common interests and make small
talk
Continue to develop your relationship
Follow up with client relationships
Be consistent and frequent