Checklists every lawyer needs

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In his article in Lawyers USA, Jim Calloway observes that while most lawyers use lists and checklists in their practice, they don’t use them enough.

I agree.

Checklists can make you a better lawyer and make you more money. Checklists help lawyers

  • Avoid mistakes
  • Save time
  • Reduce anxiety
  • Impress clients
  • Train temps/new hires, open a new office
  • Increase profits

Every practice should have these checklists:

  • How to open a new file (what goes in the file (and where), letters to send, what to give new client to take home, what to send them, what to calendar, etc.; your intake form is a checklist of information to ask the client)
  • How to close a file (final letters/documents, what to remove/give to client, what to scan, archiving, storage, destruct date)
  • Handling leads/inquiries (what to say, what to do, what to offer, what to send, what to track)
  • How to prepare documents (complaints, responses, motions; trusts, agreements, letters, etc.)

If you handle litigation, you need checklists for:

  • Issues/causes of action
  • Possible defenses
  • Preparation of Complaint/Response
  • Discovery (each element)
  • Trial (pre-trial motions, other motions, evidence, witnesses, jury instructions, closing argument)
  • Post-trial (motions, appeals, judgement, liens, bonds, collection)
  • Settlement

For a transactional practice:

  • Information to request
  • Documents to request
  • Documents to prepare
  • Filing/registration fees
  • Timeline
  • Letters to clients
  • Letters to others

As you can see, this is a very broad list, a place to start. Start with the easy and obvious; add more later. Eventually, you  should have checklists for every aspect of your practice.

An additional benefit of creating checklists is that in the process of creating and updating them, you learn so much about what you and how you can do it better. Checklists will never replace you–your experience, your intuition, your quick thinking–but they can make your job a lot easier.

What checklists do you use in your practice? How have they helped you? What checklists will you put on your “to do” list?

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Lawyer TV ad spoof: would you hire this firm?

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Lawyer TV ads are often criticized for being tacky. “The Tackiest Lawyer Ad. . .Ever,” is a fine example. A lawyer advertising firm, hoping to attract lawyers for their services, created a parody of bad lawyer TV ads, but does it work? Would you hire the firm that created this spot?

[mc src=”http://www.youtube.com/watch?v=xSKe42bxMZ0″ type=”youtube”]Bad ad about bad lawyer ads[/mc]

Do you think this is funny?

I didn’t laugh. Isn’t that the first objective of advertising that purports to use humor? In the first few seconds, I thought this was a cheesy lawyer’s attempt to advertise and I was embarrassed–for him and for our profession. Once I got the joke, I thought, “ah, a spoof, okay, we can all laugh at ourselves once in awhile.” But I still didn’t laugh; did you?

True, parody doesn’t always demand LOL and if this was just someone fooling around and poking fun, well, okay, it worked for some and not for others, but this is an ad by a company that wants us to give them their business.

Would you hire this firm?

The ad says, “lawyers’ ads are tacky and don’t work; we can produce an ad that’s not tacky and does work.” But they use a tacky ad to make that point. Is that good psychology? Is that good advertising?

I don’t think it is. At least not in this case.

If they showed us a successful ad they produced for one of their clients, would that be better? Yeah, I think it would. Show us what you do, not what you don’t do. Ads that demonize or make fun of “the other guy” can sell. But they have to get all the elements right and in this case, I don’t think they did.

What do you think? Click on the balloon above to add your comments.

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Is Twitter marketing for lawyers a waste of time?

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A new study, reported by Mashable, finds that while nearly half of Americans use Facebook, only 7% use Twitter.  So, is it safe to ignore Twitter in marketing your law practice? The answer lies in an understanding of who uses Twitter.

According to the study, Twitter usage is dominated by “power users,” (approximately 22%) who are responsible for the majority of Tweets (approximately 90%). While these probably don’t reflect the target market of most lawyers, it’s logical to assume that this group of regular Tweeters is comprised of well-connected, avid communicators who could turn out to be a great source of referrals for lawyers.

I don’t think I’m going out on a limb here by suggesting that the frequent-tweeter club includes a lot of professionals, many of whom have followers in your target market. The numbers may be small but the influence is great. These are the folks you want to meet–and network with–and Twitter is a great way to find them.

Twitter is also continuing to grow and enter the mainstream. Those of us who have staked a small claim will benefit by that growth.

I don’t consider myself a power user of Twitter or any other social media tool. Far from it. But through Twitter, I’ve been able to meet some power users. And that’s the point. Networking is not about meeting everyone, it’s about meeting a few of the right people.

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Register for this free goal setting webinar and achieve your goals in 2011

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“Most people fail to achieve the goals they set,” my mentor and personal coach David Byrd told a group of 2000 entrepreneurs over the weekend. You probably already knew that. But do you know why?

The first part of the answer is that they don’t know how to set goals in the first place.

Should you choose goals that are so easy you know you will accomplish them? Well, if you do that, you’ll feel good about accomplishing a lot of goals but you won’t see much growth. So how about choosing huge, lofty goals you will probably never accomplish? Is that the answer?

I used to think so. For years, I set goals I never came close to achieving. Year after year I would set the same goals and year after year, fail to accomplish them. It was discouraging and eventually, I lost interest in goal setting.

Now, things are different. I know how to set goals that are both inspiring and achievable and I am achieving them. But not just because I know how to set them properly. You also need a system for goal achievement.

On Wednesday, January 19, I’m hosting a webinar featuring David Byrd who will teach you how to set goals and achieve goals. You’ll learn a system he has used for more than thirty years working with professionals, executives, and business owners, as an executive leadership coach.

The webinar is 100% free and I promise you will learn a lot that you can use to achieve more in 2011.

Click here for details and to register.

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Do lawyers need a blog?

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The Attorney Marketing Center web site launched in 1998 and transitioned to a blog in 2007. At that time, I wrote an article detailing the change, David’s Website Diary, and promised updates. To be honest, I forgot about the article and didn’t update it until today.

Sorry, but you didn’t miss much.

From a technological standpoint, not much has changed since I switched to the blog format. I’ve changed the color and layout and added some new plug-ins, mostly having to do with social media integration, but not much else.

My site has grown because I focused on creating content, not on the latest bells and whistles. Content creates value for visitors, allows you to demonstrate your expertise, and brings traffic from search engines and from word of mouth. And so the number of subscribers to my newsletter has grown and the number of blog subscribers has grown and I have continued to sell products and services.

Do you need a blog? If you want to get more clients online I think you do.

A blog has several advantages over a static web site. As you update your content, search engines are notified and they bring visitors. As those visitors see the solutions you provide, they may (a) take the next step toward hiring you, (b) connect with you by subscribing to your newsletter or your blog feed or commenting on your posts, or (c) tell others about you via social media.

Your blog allows prospects and referral sources to see you “in action”. Your content is not just puffery about how great you are it is an exemplar of your abilities. As visitors become familiar with your style and hear your “voice,” as they get to know and trust you, your preeminence grows, your traffic grows, and your client base grows.

You can set up a blog yourself  in about an hour. WordPress makes is easy. There are many free and inexpensive “getting stated” videos available and you can hire people inexpensively to do it for you. Contact me if you would like some referrals.

Once you have your own blog, you control it; you don’t have to wait for tech support to do updates for you, you can do them yourself. It’s as quick and simple as using a web browser. And, other than paying for hosting (under $10/month), it’s free.

What about content–do you have enough to say? Trust me, you have enough. There is an endless amount of material you can supply. Everything from posts about the law and procedure in your practice areas, success stories you helped created, general business (or consumer) advice, guest posts from experts (referral sources) in allied fields, and much more. A post can be as short as a few paragraphs and as simple as you commenting on something you found on another web site or blog or in the news. And you can outsource content creation, too.

A blog may seem to be a big commitment but think of it as the front door to your online office. You won’t be there 24/7 but your presence will be. If you write an offline newsletter, publish articles, or do any public speaking or networking, you are already doing the things that are done online through a blog.

If you have a web site, you have something you can point to and that’s good. But you have to do the pointing. If you want free traffic, you need a blog.

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The cure for the overworked and overwhelmed attorney–part two

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So it’s a new year and you’re ready to get back to work. If you’re like most attorneys, you’re excited about all of the plans you’ve made for the future but feeling overwhelmed with everything you have to do. You’ve got “too many”.

  • Too many articles and blog posts to read (not to mention the books piled up on your shelf (or floor) and in your Kindle or iPad
  • Too many people to call, letters to write, lunches to attend
  • Too many projects you’ve been putting off but promised yourself (spouse, partner) you will (finally) do
  • Too many continuing education seminars you don’t have time for but must do because your compliance group is “due” (guilty)
  • Too many commitments you’ve made that you know you can’t possibly keep

And let’s not forget your legal work. You know, the stuff that actually gets you paid.

In a previous post, I wrote about how I dramatically cut my work hours (and stress) by delegating. If you’ve ever emptied a closet or a desk drawer, all that empty space feels good but you know it won’t last. It’s only a matter of time before that closet or drawer is once again filled to overflowing. Once you get good at delegating as much as possible and have more time available, it’s the same thing: you find more and more things to fill your time and before you know it, once again, you’re overwhelmed.

I’ve still got “too many”. I have a backlog of hundreds of articles I need to read and I’ve bookmarked so many web sites to visit my head is spinning. I glance at the updates in my Twitter stream and wonder how I could possibly read even a fraction of the tweets that go past me, let alone follow up on the relevant ones, let alone connect with the people who sent them.

I think it’s safe to say we all have “too many”. So how do we avoid being overwhelmed?

First, take a deep breath. Exhale. Once more. Now, repeat after me, “I can’t do it all, I will never get everything done, and that’s okay.”

None of us will ever get it all done. We’ll never read all those articles or complete all those projects. There’s too much and there will always be more and the first thing we need to do is acknowledge that we’ll never get it all done AND THAT’S OKAY.

So relax.

The key to success and a well-lived life  isn’t doing everything, it’s doing the most important things. It is the 80/20 principle: a few things matter, most everything else doesn’t; the ones that matter are the ones that produce most of your results. Focus on doing a few important things, and don’t worry about the rest.

Success comes from achievement, not from being busy.

About a year ago, I started working with David Byrd, an executive coach, who helped me get clear about what I wanted to accomplish. He taught me the value of being driven by vision–my vision of the future I want to create–instead of being driven by circumstances. The idea is to start with the end in mind and then set goals that are consistent with that vision. In doing so, we cut through the clutter of “too many” possibilities and focus on the most important ones. The system gives me a place to come back to whenever I find myself wandering. WhenI feel overwhelmed or losing clarity about what to do next, I revisit my vision and my goals and I’m back on track.

David Byrd also taught me a system for achieving my goals. I plan each month so that my activities (projects, actions, etc.) move me forward towards my goals. I also plan each day. As a result, I always know what I need to do.

In short, the system helps me put one foot in front of the other and continually move forward towards my destination. I don’t get distracted by all of the side roads or billboards.

So, as we begin a new year, have you chosen your most important goals? Have you put them on paper? And do you have a plan for achieving them?

If you are driven by vision, have goals that support that vision and a plan for achieving them, you’ll have clarity about what to do and what you can let go of. You’ll be empowered, not overwhelmed. And you’ll be excited because you know where you’re going and you have a map that will get you there.

On January 19, Mr. Byrd will be conducting a free goal-setting webinar for my subscribers. Please join us. Register here for this free webinar and make 2011 your best year ever.

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Where good ideas come from by Steven Johnson

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Soon, we’ll all be thinking about the New Year. How can we grow our practice? What can we do to enhance our personal life?

For some, the answer is to continue executing plans that are already in place. They know what to do, they just need to get better at doing it or simply give it more time. Others need a new plan. What they’ve been doing isn’t working. New plans call for new ideas, but where do ideas come from?

To answer this question, author Steven Johnson takes us on a visual journey into the creative process in this fascinating video:

[mc src=”http://www.youtube.com/watch?v=NugRZGDbPFU&feature=player_embedded” type=”youtube”]Where do good ideas come from?[/mc]

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Lawyers: How to write emails that get results

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In my previous post I talked about email mistakes to avoid. Today, I want to share some basic but nevertheless vital ideas for writing emails that get opened, get read, and get results.

WRITE AN EFFECTIVE SUBJECT LINE

Your email may be powerful and persuasive but if people don’t open it, they won’t read it. The key to getting your emails opened is your subject. It is the “headline” for your email message. It has to stop the reader who is skimming his email in box and get them to click. The more effective your subject, the more often this will occur. Also, an effective subject “pre-sells” the message contained in the body of your email, making it that much more likely that the recipient will respond to your request.

  • Be specific. Effective subjects are clear and precise. They tell the reader what your message is about.
  • Include a benefit. What will the reader gain (or avoid) by reading your email? Why should they read your message?
  • Use their name. Although using the recipient’s name in the subject is overdone in some circles, it is still an effective way to get their attention. It can also convey urgency, e.g., “John, please call me as soon as you read this”.
  • Include key words. Specific nouns and active verbs communicate. Project-specific key words will also get attention.
  • Include due dates. If you have a time-oriented offer or request, consider putting the date in the subject.
  • Front load. Most email programs cut off the end of lengthy subjects so put the most important parts up front.

GET TO THE POINT

The purpose of the subject (headline) is to get readers to open the email. The purpose of the first sentence is to get them to read the second sentence. And so on. You’ve got their attention but it is oh so easy to lose it, so say what you have to say–immediately.

Put the most important things up front: due dates, requests for information, requests for action. If you bury these, they may never been seen (or seen too late). Telegraph your message so the reader cannot possibly miss it.

How long should an email be? Long enough to get the job done and no longer. Make it as short as possible but don’t worry if your message is lengthy. In a particularly lengthy message, you can always link to additional information (or offer to send it).

CLOSE FOR ACTION

  • Summarize. There’s a communication formula that works in writing and speaking. (1) Tell them what you’re going to tell them. (2) Tell them. (3) tell them what you told them. This may not be necessary in a short email but it can prove helpful to you and your reader in a longer message.
  • Tell them what to do. Repeat your request (or offer) at the end of the message and tell them what to do. Do you want them to call? Email? Go? Be specific; you’ll get more people doing what you want them to do when you tell them precisely what to do.
  • Tell them why. Studies show that when you give a person a reason they are more likely to comply with a request. This should obviously be a part of the body of your email but it’s a good idea to repeat it in your close.
  • Give them ways to contact you. Don’t assume they know your phone number or even your email address. (You might want a reply to a different email.) Provide full contact information in your signature to make it easy for them to contact you or otherwise connect with you through a web site or social media.

Writing effective emails will save you time and get you better results. Your recipients will also save time and be more inclined to not only read your messages but act on them.

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