What to do about the legal assistant with a messy desk

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I once worked in an office with someone who’s desk looked like it had survived World War III. Files and papers strewn across the top, as though a file cabinet had thrown up.

How could anyone work that way? How could anyone get anything done?

I had files on my desk but I kept them in neat stacks. I could quickly find what I needed. I wrote phone numbers and notes on legal pads, not scraps of paper, and then I transferred those notes to the appropriate files.

Reasonably neat and organized, but not obsessively so.

Despite his messiness, the guy did get things done. I’m sure he spent extra time looking for things, but he did his work and did it well.

He had his own style of working. We all do, don’t we? We work at a different pace, our energy levels differ, our short-term priorities might not match, but as long as we get the work done, it shouldn’t matter how we get it done.

You may be aggressive and work at a fast pace and have an employee with a completely different style. He may work slowly, put things aside and come back to them later, and be a perfectionist. You want the work done immediately and your employee’s style may drive you crazy, but do they really have to do it the way you would do it?

The best employers, like the best leaders, don’t micromanage. They lay out the big objectives and let the individuals figure out how to accomplish those objectives.

That’s difficult to do sometimes, especially since your employees are the face of your practice. But you can usually find a way to accommodate an employee’s style without compromising your interests. If you don’t want your clients to see your assistant’s messy desk, for example, you could have them see clients in the conference room.

On the other hand, you could always tell them to shape up or ship out. It might not make you boss of the year but what the hell. If you don’t put your foot down once in awhile, the next thing you know your employees will show up with green hair and spikes in their face.

It’s good to be king.

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How’s that Pokemon thing working out?

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Pokemon Go is big, or so I hear. I really wouldn’t know. I had to ask my wife what it was because I’ve paid almost no attention to it. Based on what I’ve heard about it, it’s definitely not my thing.

How about you?

Do you use, or at least try, the latest apps? Do you follow the latest trends?

Sometimes? Never? What’s a smartphone?

I read somewhere that there are four types of people:

  1. Innovators. They’re the first to do, adopt, or promote something.
  2. Early adopters. They see the trend and jump on board earlier than most.
  3. Late adopters. They wait until many or most are doing it, saying it, or using it.
  4. Dinosaurs. They rarely adopt anything new.

Or something like that.

Me? It depends on the thing. I was on board early with Evernote but I don’t own an iPad. I was one of the first to create a marketing course for attorneys and I started a blog before it was fashionable, but I do almost nothing on social media.

How about you?

I would guess that most lawyers are late adopters but I think we all need to be flexible. Some things are worth exploring early on, even if we don’t adopt them. Some things are worth our time and energy because they make us more productive or they’re just plain fun.

And then there’s Pokemon. I’m pretty sure I’ll take my first selfie before I download that one.

The best way to build your practice is to master the fundamentals

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If IKEA managed your law firm

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Yesterday afternoon, my wife and I visited IKEA. Among other items, I bought a side chair for my home office. This morning, I opened the box and looked at the instructions for setting it up.

Note to self: never look at instructions before having coffee.

I’m sitting here now, coffee mug at hand, remembering the other IKEA furniture I’ve set up. As intimidating as some of the instructions have been, I never once failed to set up anything, and I’m not what anyone would call handy.

IKEA sells millions of items that need to be set up, to millions of people who aren’t handy, many of whom don’t speak English. Or Swedish. They do it by providing caveman-simple picture instructions that spell out everything. No words, just big, easy-to-understand drawings of all of the parts and what to do with them.

If you don’t understand something, they tell you to call to get help. Yep, they use pictures to explain that, too.

Now, do you think your clients would like this kind of help when they buy your services?

Yes they would. They would like to know exactly what you are doing with their case and exactly what they should do and not do. They don’t want to have to call you to explain everything, but they like knowing that if they wanted to, they could.

You need written, detailed, dead-simple instructions for every service you offer, and for every stage of those services. You can’t use pictures, and you probably need to translate everything into other languages, but this is definitely something that should be a hallmark of your practice.

Think about it. When you prep a client for a deposition, you talk to them and explain what’s going to happen and what they should and shouldn’t do. How much of what you tell them registers and is remembered?

You probably role-play with them. You may show them videos that demonstrate the process. That’s all good, but they should also have written, detailed instructions they can refer to, with plenty of if/then statements, explanations, and examples.

If an IKEA rep had EXPLAINED to me how to set up my new chair, even if he role-played with me, without written instructions in front of me, I’m not sure I could set the thing up. Even if I could, I know it would take longer, I would make mistakes, and the entire experience would be a stressful mess.

IKEA does a lot of things right but do you think one of the reasons people buy from them instead of other retailers is that they make things easy? If you make things easy for your clients, do you think some might choose you instead of other lawyers who don’t?

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You don’t know what you don’t know

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New computer arrived and it’s faster than hell. I had no idea that apps and sites and pages could load that fast.

The hard drive is faster, the processor is faster, and it has twice the RAM. I’m sure being new also has something to do with it.

The last time I saw this happen was the last time I got a new computer. “So this is how the rest of the world lives,” I thought.

Anyway, this isn’t about why you should consider replacing your old equipment with something new. It’s about not knowing what you’re missing in your life until you actually experience it.

Like the first time you hire someone who is really good at their job. I once hired a temp who was so fast and competent I begged her to work for me full time. She didn’t, but she set the standard for everyone who followed.

Or the client who is scared to death to hire a lawyer and finds out you’re not scary and you can truly can help them and they are so relieved they want to cry.

We don’t know what we don’t know and the only way to find out is to try a lot of things.

When it comes to marketing and practice management, read everything you can get your hands on and try as many things as time permits. One idea, one technique, one tool, one contact, could change everything.

But you’ll never know unless you try.

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Do you have a back-up plan for your practice?

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My hard drive started making a noise so I ordered a new computer. I also ordered a new external hard drive for back- ups. And yes, I also back up to the cloud.

So I’m good. If disaster strikes, I’m ready.

Going through this process made me think about back-up plans for other areas of my life. I have multiple sources of income but I’m working on new ones. I don’t rely on one marketing method, so if something went awry, I could lean in on the others.

How about you? Do you have back-ups for your machines, your marketing, and your sources of income? Do you have extra food and water at home?

If something bad happens, will you be ready?

In the marketing department, most lawyers get most of their new clients through referrals. At least they should. And when you think about it, referrals have their own built-in back-up plan because referrals come from, or should come from, dozens of individuals–former clients, existing clients, professional referral sources, friends, and so on. If one decides they no longer like you, you still have others.

Referral sources die off, however, and need to be replaced. And you should never rely on referrals just happening, even if they presently do. You should work at making them happen, consistently and in ever-increasing numbers. There are ways to do this, as detailed in my several courses on referrals.

Okay, you’re with me. You regularly do things to stimulate referrals. You’re getting most of your new clients from referrals and that number is growing. Or at least you’re working in that direction.

Good. But what’s your back-up plan?

Yes, a back-up plan for your back-up plan. What else do you do to bring in business? What else will you start doing?

Suggestion? A content-rich website. Just make sure you back that up, too.

How to get more client referrals

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Are you yelp-proofing your practice?

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The other day our washing machine decided it needed to go on vacation and stopped working. My wife called the service company we’ve used in the past and booked an appointment. They were due to come out today between 8 and 11.

My wife has a busy day today and called to see where we were in the queue. Yep, you guessed it, they had no record of the appointment.

It seems that their computer also needed a vacation and lost a bunch of bookings. They had no way of knowing who to call so it was a good thing my wife decided to call them. (They’ll be here later today).

What about the customers who don’t call to confirm? When the repair person is a no show do you think some of them might call another service? And then rip into them on review sites?

Yeah, I do too.

The company needs a fail-safe mechanism to minimize the risk of this happening again. How about something simple like instructing the person who answers the phone to write down the name and phone number of every caller, on paper, before entering the info into the computer?

Problem. Solved.

If I owned the company, not only would I implement this, I would make a point of dramatizing it in my marketing. In our ads, on our website, on the phone, I would explain that since computers have glitches and the Internet sometimes goes down, we use “double entry” appointments to protect our customers. Or something like that.

This may seem like a small point but marketing is about small points. Showing the world how you are different and better than the other guys by dramatizing the little things you do to give your customers a better experience.

I’m guessing this company won’t do any of this. They won’t apologize or offer us a discount or a freebie to make amends. But if they did, they would go a long way towards strengthening relationships with the people who not only pay their bills but who can recommend them to their friends.

Client referrals start with good client relations

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Why you need an office handbook even if you don’t have any employees

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An office handbook is typically created to provide employees with a set of rules and procedures for handling things like answering the phone, ordering supplies, opening and closing files, and more. If there’s a question about what to do, the staff doesn’t have to ask you or a co-worker, they can look it up.

It’s also a great tool for helping new hires and temps get up to speed.

Every lawyer should have an office handbook, even lawyers without employees.

If you’re making the rules and you’re the only one following them, why bother? No, not “just in case” you do hire someone, although that’s another good reason. You should create an office handbook because the process of doing so will force you to think about the best way to handle all of the bits and pieces of what you do.

As you create a checklist for preparing corporate or estate planning documents, for example, you’ll look for ways to do it more quickly and efficiently and minimize mistakes. You’ll find ways to save time, save money, eliminate duplication and waste, streamline your processes, get better at client relations, and otherwise run a tighter ship.

Writing an office handbook will help you earn more and work less.

When I started practicing and had only a few clients and no employees, I took the time to create intake forms, authorizations, form letters (representation, declining representation, thank you/welcome, etc.)

I also created a checklist for opening a new file. When I interviewed a new client, my forms made sure I asked them everything that needed to be asked and had them sign everything that needed to be signed. I was also able to put a welcome letter in the mail before the new client got to their car in the parking lot.

Without using a computer.

I was able to open and “work” new files without having to think about it because I had already done the thinking. When I eventually hired a secretary, training her was a snap.

If you don’t have an office handbook, you would do well to create one, but don’t try to do everything all at once. Start by taking inventory of the forms and letters you already use or have access to. Pick one and update it; then tackle another.

When you’ve gotten through all of the things you already use, dive in and create the ones you don’t, starting with the most important and valuable. Like a checklist for making sure there’s a fresh pot of coffee brewing first thing every morning.

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Have you done an expense audit lately?

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When was the last time you looked at the expense side of your bookkeeping ledger, looking for ways to reduce the cost of doing business?

Every dollar you don’t spend on overhead is a dollar in your pocket. Cutting expenses by just $100 a month increases the value of your practice by $12,000 (assuming a 10% cap rate).

Once or twice a year, schedule time to examine your expenses and ruthlessly cut the fat.

Ask yourself, “Do I really need __________?” and get rid of anything you can live without. Once you’ve done that, go back through the list and ask, “How can I reduce this expense?”

What could you eliminate? What could you negotiate? What could you replace with something that costs less?

Ask your bank what you can do to cut or eliminate fees. Look at what other banks charge and use that as leverage to negotiate with your bank or switch your accounts to the bank with lower fees.

Look at your library costs. Do you really need everything on the list or could you make do with less?

Look at your insurance expenses. Can you increase your deductibles, eliminate coverage, or take advantage of discounts? Get quotes from other carriers. You may be shocked at how much you can save by switching.

Examine your equipment costs (copier, fax machine, scanner, computers, etc.) Would it be cheaper to buy instead of lease? Would it pay to replace some equipment with something that uses lower-cost consumables?

Look at everything–couriers, interpreters, stenographers, medical records reproduction, shredding, storage, investigators. Look at the cost of apps and online services, memberships, and service contracts. Look at your office rent and utilities. Look at your advertising, websites, and other Internet expenses.

Office supplies: do you really need the most expensive legal pads?

Meals and entertainment: are you getting business out of those lunches with prospective clients and referral sources? Could you find another restaurant that doesn’t charge as much? Could you meet for coffee instead of lunch?

How might you reduce expenses for employees, virtual assistants, and freelancers?

Examine the checks you’ve written and the purchases on your credit cards. Ask your accountant to look at your expenses and tell you where you are spending more than other lawyers or professionals. Reward your employees who find viable ways to reduce overhead.

Don’t obsess over expenses but don’t ignore them either. Look at everything, so you know how much you’re spending, and on what. And when you’re done, grab your personal ledgers and have a go at them.

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Faster than a speeding retainer

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When a prospective client visits your website and fills out a “contact me” form or emails you directly, you do know that you’re not the only attorney they’re contacting, right? Because you know this, I know that you have a strict policy in your office for contacting said inquiries as quickly as possible.

But how quick is quick?

According to the Harvard Business Review, companies that follow-up within an hour of receiving an online query from a potential customer are almost 7 times as likely to qualify that lead than companies that contact prospects only an hour later.

“Qualifying a lead” means talking to a decision-maker to find out if they are a good match for you. Do they have a problem you can help them with, are they willing to make an appointment right now, and can they afford to hire you, for example. Qualifying prospective clients quickly is a key to signing up more of them.

By the way, HBR also noted that companies that waited a day before following-up were 60 times less likely to qualify a lead than companies that did it within the hour. I’m just saying.

Consumers today are impatient to the extreme. They want answers and solutions immediately and will seldom wait for a vendor or professional to get back to them. You may be the best lawyer for the job but repeatedly lose cases or clients to lawyers who are a little faster.

By the way, everything I just said about email applies equally to phone calls. Inquiries from prospective new clients who leave a phone message should be called immediately, even if it is to have someone tell them that you’re unavailable and schedule a time when you can talk.

So raise your right hand and solemnly swear that from this day forward you will respond to prospective clients who contact you at the speed of light. Make sure someone in your office monitors your voicemail and email inbox and replies in 60 minutes or less. If prospects call or email after hours, your phone message or email auto-reply should indicate when you will contact them, and (unless it is an emergency) that should almost always be the first thing the next day.

Marketing is easy when you know what to do

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Why you should spy on other lawyers

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If I ask you to name a lawyer you admire whom would that be? Maybe you admire their lawyering skills or their marketing acumen or the way they run their office. Maybe you know them and are impressed with their interpersonal skills.

Write down the names of lawyers you would like to emulate and then set up a file for each. Add notes about what you see them doing. Study their website. Search for articles about them and add them to your file. Find their ads or marketing documents and add those, too.

Study them so you can get ideas and inspiration and model their behavior.

What do they do differently from other lawyers, including yourself? What do they do that other lawyers don’t?

Study attorneys in your practice area and in other practice areas. Study some attorneys for their marketing prowess, and others for their speaking or writing or courtroom skills.

Find attorneys who are good at marketing online and digest their websites and blogs. How are they organized? What kind of content do they write? How often do they post? Study their headlines, bullet points, and calls to action. Do they publish a newsletter? Subscribe to it and see what they send to their list.

Study their social media platforms. Observe how often the post and how they engage with their connections.

You might study another set of lawyers about how they manage their practice. Study their fees and billing and payment options. Study their office hours and parking policy.

If you admire attorneys for their speaking and writing abilities, read what they write, find where they are speaking and show up to listen. To study trial lawyers, you might reach out to them, compliment them, and find out if you can attend their next trial.

As you do this, no doubt you’ll get a lot of ideas. You’ll also find inspiration as you realize that you can do what they do. Don’t accept everything as gospel, however. They may be successful not because of what they do but in spite of it.

The biggest benefit of this exercise is that you may find out how much you’re doing that is as good or better than what they do.

You’ll be inspired to keep doing it, and someday, other lawyers will study you.

Marketing is easier when you know the formula

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