Creating a walk-away law practice

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How do you build a law practice you can one day own but no longer run? It starts with wrapping your mind around the concept that you don’t have to do everything yourself, or even closely supervise everything yourself.

You have to (eventually) delegate all of the work in your office.

If you don’t, you’ll never be able to walk away.

This is very difficult concept for many attorneys. We’re used to being in control. We thrive on micro-managing. Our egos fight against the notion that someone else can do what we do.

We also have a very difficult time dealing with the risk.

The truth is, your employees and outsourcers can get you in a lot of trouble. It is a very real risk. But that’s what errors and omissions insurance is for. That risk, and the insurance premiums we pay to minimize the potential damages therefrom, are a cost of doing business.

Building a business (law practice) is not about the elimination of risk. It’s about the intelligent management of risk. You do the best you can and if things go wrong, you deal with it and move on.

You can either live with this risk and the stress it might cause, or you cannot.

If you’re willing to take these risks, or you’re not sure if you can, dip your toes in the water. Delegate something and see what happens. Then delegate something else. Hire someone if you have to, but get someone else doing some of the things you now do.

The second thing you need to do to ready your practice for a walk-away future is create a detailed operations manual for your office. Everything you do should be memorialized, with forms and checklists and documentation of every process.

Pretend you are going to franchise your practice. Someone is going to open an office and do everything you do. They’re going to pay you to learn how to clone your systems, and then pay you a percentage of their revenue.

Make the effort to document your systems in enough detail that someone else could truly step into your shoes.

When you get this right, it will allow you to open a second office if you want to (or third or fourth). You’ll also have a valuable resource for hiring and training new staff or temps. And, if you’re ready, you can start reducing your work hours at the office. Eventually, you can tip-toe away to semi-retirement.

For more on delegating and creating systems, see The Attorney Marketing Formula

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Use the two-minute rule to beat procrastination

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In “Getting Things Done,” David Allen speaks about “the two-minute rule”. He says that as you go through your list of tasks, anything that can be done in two minutes or less should be done immediately. Don’t schedule it for later, do it now. The time you would take to schedule a task or make notes about it could be used to get the thing done.

I do my best to follow the two-minute rule and find that it not only aids my productivity, it is also very satisfying. It allows me to clear my plate of “open tasks” and it feels good knowing I’m getting things done.

Part of the appeal of the two-minute rule is that psychologically, two minutes seems like no time at all. We don’t get caught up in thinking about what we have to do, we just do it.

Get ‘er done!

I use the two-minute rule in a different way, to beat procrastination when I find myself stalling on bigger tasks and projects. I know I’m not going to get the thing done in two minutes, but I can get it started, and getting started is the most important part.

So, I give myself two minutes to do something, even if it’s just re-writing the list of the tasks I’m not doing. I might make some notes, grab a link to a website to check out, or create an index page to the Evernote notes I’ve been collecting on the subject.

I might free-write for two minutes. Now that I think of it, I started this post with a two-minute stream of consciousness. I didn’t know what I would say on the subject, but once I started writing down my thoughts, I was on my way.

In two minutes, I might set up a new folder on my hard drive and add documents to it. Or prioritize my task list by putting tasks in numerical order.

Two minutes of activity also sets the stage for another two minutes. I might grab my newly prioritized tasks list and do two minutes on item number one. Or I might skip down to number eight and do two minutes of outlining, research, or brainstorming.

It’s all good. And it’s all just two minutes.

I suppose one could argue that any project could be completed in two-minute increments. All I know is that once I’ve started a project with one or two two-minute drills, I usually keep working on it.

Learn how I use Evernote for Getting Things Done. Go here.

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Finding time for getting things done

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Spinning plates. Putting out fires. Treading water. Does this sum up a good portion of your day?

Lawyers are paid to solve problems. Other people’s, not our own. If you’re spending too much time solving your own problems, you won’t have time for things that advance you towards your most valuable goals. Like getting paid by more people to solve more of their problems.

Solving (your) problems is important. When someone quits, you have to find someone to replace them. When you are audited, sued, or charged with an ethical violation, you have to respond. But responding to problems like these only helps you keep the machine running. It doesn’t bring in new clients or additional revenue. Peter Drucker said, “Results are gained by exploiting opportunities, not by solving problems.”

One good thing about problems is that they tend to repeat. It may be a few years before you have to deal with something again, but knowing that it will happen again allows you to prepare for it:

1. Make a list of problems that occur periodically. Small ones and big ones. Hiring and training new employees and temps, equipment leasing and purchasing, hiring vendors, moving offices, record retention, website security, and the list goes on. Add to your list throughout the year.

2. Create a system for handling each problem. Document your efforts to resolve the problem and minimize its consequences. Create checklists, forms/letters, and instructions.

3. Go through the list of problems and see which ones can be handled, at least in part, by someone else. Delegate responsibility for handling those problems (at least partially). Instead of running ads when you need to hire a new employee, for example, you might hire an employment agency.

It’s worth investing extra time in this project because it will save you time and headaches in the future. You’ll have more time for getting things done that help you grow your practice, instead of merely keeping the doors open.

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Do you re-read good books?

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My grandfather used to read a lot of paperback novels. Mysteries, detectives, thrillers and the like. When he was done with a book, he would write a number on the cover, to signify his rating. He would know the best books to re-read or recommend (loan) to a friend.

He used a scale of 1-5, along with pluses and minuses. A good book might warrant a 4 or a 4-plus, a great book would get a 5, and so on.

I hadn’t thought about his system in a long time. But then I got an email from blogger James Clear with his fall reading list and his book rating scale and I was reminded of my grandfather’s system.

Although similar, Clear’s rating system is more appropriate for non-fiction:

Book Rating Scale

5 – Top-notch writing, thorough research, and highly valuable or interesting content.
4 – Often great writing or excellent content, but not necessarily both.
3 – It may have a chapter or two that are excellent, but the book is average overall.
2 – Perhaps you will find an idea or two, but there is little value inside.
1 – Do not read.

His current reading list can be found here.

You might want to subscribe to his blog. He always has something interesting to say about, well, interesting things.

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Removing the obstacles to success

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Instant manifestation. You think it and it appears. You write it down and it becomes reality. Sound good? Actually, it would be a nightmare. Your life would be a jumble of confusing and conflicting thoughts and you would be continually fixing mistakes and apologizing for transgressions.

Thankfully, there is a buffer of time between first thought and manifestation that protects us and keeps us sane. We want something, we think about how to get it, and then we do the work. It takes time and reason and effort to get from first thought to fruition.

And it’s a messy process. There are lots of failed attempts, unsolved problems, and abandoned ideas along the way. That’s part of the buffer, too. These obstacles help us clarify our objectives and ultimately, get better results.

But sometimes these obstacles get the better of us and stop us from getting what we want. How do you overcome obstacles that keep you from achieving your goals?

You could power through the problem. Drink another cup of coffee, burn the midnight oil and do what needs to be done.

When we do this, we acknowledge the obstacle and then defeat it by refusing to give up. When we do, we’re often the better for it. Tired, but victorious!

But there’s another way and it’s a lot less taxing. Instead of fighting the problem, eliminate it.

Make a list of obstacles that are keeping you from achieving your goals. Your list might look something like this:

  • I don’t know what to do/don’t know how
  • I’m not good at [whatever]
  • I don’t have enough time
  • I don’t have enough money
  • I don’t like doing what I have to do
  • I lack confidence
  • I procrastinate (actually, this is a symptom; the obstacle is one of the other things on this list)

Then, make a list of ways you could remove those obstacles:

  • Get help doing the things you’re not good at or don’t like doing
  • Money: Sell something, save, use credit, find vendors who will barter
  • Eliminate or postpone other tasks and projects to free up time (prioritize/learn to say no)
  • Talk to someone who has done it and get their advice
  • Read, take a class, and learn how to do it or how to do it better
  • Hire an expert to advise you
  • Outsource all or part of it
  • Change the rules. Modify the goal or objective to suit your present situation
  • Ignore the problem and let your subconscious mind solve it while you’re doing something else

You can either work harder (power through the problem) or work smarter (eliminate or dilute the problem).

And if neither of these works, you can confess your sins to your wife, mom, partner, or client and have them make you do it.

Hey, whatever works.

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Managing a law practice by playing childish games

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Remember playing “hot potato” as a kid? You stand in a circle and pass around a small object as quickly as possible. When the egg timer or oven buzzer sounds, whoever has the “potato” in hand is out. If you’re the last person left, you win.

Kinda like musical chairs. What, you don’t remember that either? Okay I’m old.

Anyway, I did my best to run my practice like a game of hot potato. My goal was to get things out of my hands and into someone else’s as quickly as possible.

I’d review a file, decide what needed to be done, and give it a secretary to handle. When she brought the file back, I’d do the same thing. I tried to leave work each day with everything off my desk and on someone else’s.

I did the same thing with opposing counsel and claims adjusters. Write the letter, make the call, draft the document, send it off. Out of my hands and into theirs.

It’s not a perfect system. Bigger projects, things I couldn’t delegate, problem files, were a constant. Getting everything else out of my hands, however, gave me time to handle them.

Take a look at your desk or your task list. What could you get rid of right now by handing it off to someone else?

Managing a law office is easier if you have some fun with it. Remind me to tell you about the time I brought a Hula Hoop to the office. . .

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You think you’re so smart. Good!

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Lawyers tend to have big egos. Mostly, that’s a good thing. It’s what allows them to be successful. Imagine what it would be like if you constantly doubted yourself and your abilities.

In 10 Things Highly Productive People Don’t Do, item 4 caught my attention:

They are not realistic when it comes to their abilities

When it comes to your own skills and expectations; it’s better to be an illusionist than being modest or realistic. Successful people and high achievers are overconfident of their abilities. They believe that they can achieve anything and expect the very best to come. This is very important in order to be productive.

Holding such beliefs about yourself will make you (even if you are the laziest person on earth) tend to take actions in order to justify your own beliefs. It will lower your resistance against hard work.

If you feel incompetent, simply ask yourself if holding such a belief has ever helped you. If not get rid of it and get a new belief because at the end of the day a wrong belief that makes you feel good is far better than a more realistic one that makes you feel incompetent.

Now before you can say this is a recipe for malpractice, it doesn’t mean you should take on work you’re not competent to do and blindly do it. It means believing you can get the work done and that you can figure out how to make that happen.

In the early days of my practice, I often took cases I was nowhere near ready to handle. I believed that if some of the attorneys I’d met could do it, I could too. I spent long hours in the library. I hired experienced secretaries and paralegals. I asked other attorneys for advice. And when I was truly over my head, I associated with bigger firms, watched, learned, and earned.

If I didn’t believe in myself, I would have turned down the business and perhaps never learned what to do.

Successful people start with vision. They see themselves where they want to be, doing the things they want to do. They believe that they are able to do it, and that’s how they become able to do it.

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Prioritizing tasks: If it’s not a nine or 10, it’s a one

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One of my favorite sayings is, “You can do anything you want, you just can’t do everything you want.” There isn’t enough time to do everything, but there is plenty of time to do what’s important.

The problem is, when you look at your list of tasks and projects, at a certain level, everything seems important. That’s why we wrote it down. To be productive and reach our goals, we need to decide which tasks are the most important and should receive top priority.

Greg McKeown, author of Essentialism: The Disciplined Pursuit of Less, suggests using “The 90% Rule” for prioritizing tasks. It allows you to take a step back and look at your list objectively.

Laura Vanderkam at Fast Company explains McKeown’s method:

You’re looking at a new opportunity. Rank it on a scale of 1 to 10 on how amazing you think it is. Then try this little thought experiment: “If it’s not a nine or 10, then it’s a one,” says McKeown. The goal is to take on tasks that are “a superb use of my time,” he says, “and I don’t mean that selfishly. I mean, is this the best way I can contribute to others, to society, is this my very highest point of contribution?” The point is that “we need to see the difference between things that are good and things that are exceptionally good,” he says. “It’s an important distinction in a world exploding with options.”

Out of ten tasks, one or two are likely to deliver the most value or biggest results. Put those tasks into their own category and put everything else aside. If this sounds like a variation of the 80/20 rule, I agree. And that’s why I like it.

Don’t get hung up in deciding what’s a six and what’s a seven. If it’s not a nine or 10, it’s a one.

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A little less planning, a little more action

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How much planning is enough? Less than you think.

You don’t need to plan out the entire case. There are two many variables. You need a plan to get it started. Your experience and instincts will take you the rest of the way.

You don’t need to plan all of your marketing. You need to know what you want to accomplish and a few ideas that might help you get there. Your results (or lack thereof) will guide you towards next steps.

You don’t need to plan your entire career–when you will retire, and how. It’s impossible to know how much you will need or calculate specific rates of return. Start putting something away and periodically take inventory.

Planning is good, but too often it is an impediment. Either we procrastinate because we haven’t yet perfected the plan, or we miss opportunities because they aren’t consistent with the plan. Detailed plans never foster creativity, they stifle it.

We accomplish more by taking action. It’s simple. The more we do, the more we accomplish. Yes, more action also leads to more failure but we learn from those failures. Those experiences help us make adjustments and grow. They help us improve future results.

Plan just enough to get the project started. Then do the thing until you get some results. Review those results and make a new plan.

Plan. Do. Review.

For a simple marketing plan that really works, get this

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Slaying the perfectionism dragon

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A short article on the Entrepreneur.com website caught my attention. In “Start Before You’re Ready, Really,” the author urges us to launch our new business, project or idea before we are, or it is ready.

You can set up a quick Facebook page instead of a website, or a simple (ugly) web page just to get something “out there”. Run the idea up the digital flagpole and see who salutes it.

The author started her new business with just one strategic alliance partner (referral source), who sent her enough business to help her get her business off the ground. Had she waited until she had ten or twelve referral sources, she may still be waiting.

No matter what you do, you can improve it later. Even if you do wait before you launch, there will always be things to improve. So why wait?

Get something out there now and fix or improve it later.

I salute this idea. Hard as it is to show your ideas before they are fully formed, edited, vetted, and groomed, you must. If you wait, you’ll never be ready. In your lifetime, you will produce only a fraction of what you could.

I’ve done this many times. I’ve put up terrible web pages. Announced businesses and books when they were merely ideas. Advertised courses before I was finished writing them.

Some of my best stuff came because I put it out for the world to see before I was ready. Turns out, they were closer to being ready than I had thought. What’s a few typos among friends?

There’s nothing like a deadline to get you crackin’. Once you announce or launch or publish, you’ve got a deadline. You’re committed. You’ve got to finish it, or fix it, and you do.

The alternative is to pay homage to your perfectionism and wait until everything is right. That’s how so many people die with their music in them.

The most important part of any project is getting started. Whatever it is you want to do, do it. Give yourself permission to do it badly. You can fix it later. You can make it better. Or you can cancel it start something else.

There is greatness in you. Slay the dragon and let your ideas soar.

For a simple marketing plan that really works, get this

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