Category: General Management

Dog Shaming

Whenever I encounter dog shaming photos on social media I have a laughing fit. I can’t imagine the somewhat warped sense of humor that prompted the first person to snap a picture and post it. Does it provide psychic relief to the owner, one wonders?

 

I can now answer that with a definitive YES!  This shaming picture shows my newly rescued Malinois, Mango. She was only with me a scant 3 weeks when my first road trip came up. She made it through the first day without me, and then panicked on the second day.  She escaped from her crate, collapsing it in the process.  She made it over a waist-high shelf into the utility room area adjacent, scattering everything on that shelf onto the floor.  And then she managed to get through the cat door – a feat which defies physics – by destroying the cat door and carpeting outside the door.

 

The shaming brought comic relief for me. In addition, as you can tell from the look on Mango’s face and her body positioning, she clearly knows did a bad thing. I doubt she will be a repeat offender.

 

What a loss we can’t do public shaming with people in our office who offend. You know who I mean . . . the ones who never get their timesheets in on time, or can’t seem to get their bills out the door.

 

Hmmm. . . can we?  Yes, we can, although it should be done somewhat delicately. Back in the day when bulging inboxes could crash a mail server, I used to post a monthly email to all naming the top ten with the largest mailboxes.  When one partner was anointed “email packrat of the year” by me, his response was over the top. He insisted I be fired by the managing partner for publicly humiliating him by calling him a rodent.  With tears of laughter streaming down his cheeks, the managing partner directed him to clean out his inbox.  I can assure you he never made the top ten list again!

 

We have too little accountability at law firms.  That’s why the common phrase “managing a firm is like herding cats” is repeated so often. Maybe it’s time for a little shaming at your office?

Mango the Malinois is exposed for wrongdoing!

Why Branch Offices Fail

This is an issue which affects firms of all sizes. Branch offices open with fanfare and flourish, and a high level of expectation. Sometimes expectations are unrealistic. Sometimes expectations are not clearly defined. Too often, these same offices close later with a barely noticeable hush.  READ MORE …

 

When Your Needs Exceed Your Budget

Last year I worked with a firm which had been in decision paralysis for over a year about having a new website designed.  The existing site was clearly a cookie-cutter design.  Much of the information was no longer accurate.  The firm’s site sorely lacked search engine optimization (SEO).  READ MORE …

 

How Are You Going to Pay Me?

It’s a simple question. Just seven words that can dramatically change your bottom line when spoken at the inception of every potential matter. Why are lawyers so uncomfortable asking this basic question? READ MORE…

 

Data Breach Prevention

Glaring headlines in the March 29, 2016 The American Lawyer detailed that 48 of our nation’s top law firms were specifically targeted by a Russian hacker seeking to trade on M&A information. Most of the firms found out they were a target only because their name was included in the article. On March 22, 2016 the FBI issued an alert warning law firms of criminals seeking access to their networks.

What should you do? First, realize that some of the largest firms have experienced breaches. And they have huge IT staff, and lots of money to throw at the problem. Don’t throw up your arms in disdain and say you have no chance by comparison. For firms of all sizes I recommend . . . READ MORE

Data Breach Prevention

It’s really not a question of IF your firm will experience a data breach at some point, but rather WHEN your firm will experience the breach. Don’t assume that your firm has no desirability as a target because of your size, or even your practice areas. Cyber criminals are increasingly targeting law firms of all sizes for private information about clients, which often enables them to more effectively target the client directly.  READ MORE

How much is your engagement agreement worth?

In case you missed the recent issue of the Pennsylvania Bar Association‘s eNewsletter, I want to call something new and exciting to your attention.

The PBA Insurance Program, offered through USI Affinity, recently announced a risk management policy enhancement for CNA policyholders in Pennsylvania.

A policyholder using an engagement letter in connection with legal services that are subject of a malpractice claim will have the deductible applying to that claim reduced by 50 percent – up to $25,000.

What’s interesting, is that a key provision for this enhancement to apply is that the engagement letter include a statement regarding client file retention.  I have been recommending this be included in engagement letters for many years.  Those who have attended my Records Management seminar can attest.  I even provide sample language to attendees and PBA members.

CNA authored an article entitled Better With a Letter: Why Attorneys Should Use Engagement Letters; An Introduction to Engagement Letters.   Of course, PBA members can get my resource on engagement letters by sending an email request directly or through the PBA website.

Kudos to CNA for putting a value on this best practice!

Why You Need a Real Lawyer -3

Beware!!  Before you replace a lawyer with an internet-based “legal service” provider, consider that the results can be disastrous. What they do is provide quick forms for legal needs.  They advertise their availability on television.  They provide forms for business formation, wills, divorce, Powers of Attorney, estate plans, and more.

No doubt you’ve heard or read that Bar Associations in most states have sued most of these providers for something called the Unauthorized Practice of Law.   Unless you are a lawyer or employed in the legal field, you probably felt they were the underdog. You may have rooted for them to win.  And indeed, they are very careful in interpreting the UPL statute in each state to ensure they do not cross the line. They cannot legally provide any advice. They can only provide a form.  So they survive all challenges.  At least so far.

Their advertising portrays them as the hero trying to save the average person’s hard-earned dollars from seemingly greedy lawyers.  And frankly, Ed the entrepreneur is eating it up big time.  Use of these internet-based services is growing.

The problem is that Ed the entrepreneur doesn’t know when the matter requires greater finesse than these forms can provide.  And when an undesirable outcome finally shows up — often years later — it often can’t be fixed, or costs far more to fix than would have been spent originally to do it right.

Here’s the problem.  There’s no way to know in advance if the solution is inadequate, unless an actual lawyer is involved.  Later, when a lawyer must correct, or attempt to correct, the situation, he or she is bound by confidentiality and cannot reveal to the public the consequences of using such services.  So unfortunately Ed the entrepreneur shares all the success stories with friends and relatives, and enhances the reputation of these services.  Rarely does Ed the entrepreneur hear of the horror stories from others.  And those who ultimately must use a real lawyer to fix problems after the fact rarely talk about it.

So I have challenged lawyers to share some of those stories with me, without any client-identifiable information.  I will in turn publish the information.  Share it with friends, relatives and colleagues who are tempted to meet their legal needs “on the cheap” with an online service provider.

All the stories will be posted under the same title “Why You Need a Real Lawyer” so if you don’t want to subscribe, just return to the blog on occasion and look for that title in the Table of Contents.

Story #3:

Child is taking care of ill parent. Parent wants to change will to give caretaker child a larger share of the estate than the other siblings. (The other parent is already deceased). Caretaker hires “notario publico” to draft new will. This non-lawyer charges almost the same rate that local lawyers would have charged. When the ill parent passes, the caretaker child submits the new will for probate. Siblings challenge the new will, and present the old will. Child caretaker isn’t clear with [real lawyer] handling the will challenge on her behalf, that the new will was prepared by someone not licensed to practice law. [Real lawyer] makes best effort, but can’t overcome the problems with the flawed new will. Siblings win.

Why You Need a Real Lawyer -2

Before you replace a lawyer with an internet-based “legal service” provider, think carefully. What they do is provide quick forms for legal needs.  They advertise their availability on television.  They provide forms for business formation, wills, Powers of Attorney, estate plans, and more.  Beware!!  The results can be disastrous.

No doubt you’ve heard or read that Bar Associations in most states have sued most of these providers for something called the Unauthorized Practice of Law.   Unless you are a lawyer or employed in the legal field, you probably felt they were the underdog. You may have rooted for them to win.  And indeed, they are very careful in interpreting the UPL statute in each state to ensure they do not cross the line. They cannot legally provide any advice. They can only provide a form.  So they survive all challenges.  At least so far.

Their advertising portrays them as the hero trying to save the average person’s hard-earned dollars from seemingly greedy lawyers.  And frankly, Joe the plumber is eating it up big time.  Use of these internet-based services is growing.

The problem is that Joe the plumber doesn’t know when the matter requires greater finesse than these forms can provide.  And when an undesirable outcome finally shows up — often years later — it often can’t be fixed, or costs far more to fix than would have been spent originally to do it right.

Here’s the problem.  There’s no way to know in advance if the solution is inadequate, unless an actual lawyer is involved.  Later, when a lawyer must correct, or attempt to correct, the situation, he or she is bound by confidentiality and cannot reveal to the public the consequences of using such services.  So unfortunately John Q Public shares all the success stories with friends and relatives, and enhances the reputation of these services.  Rarely does Joe the plumber hear of the horror stories from others.  And those who ultimately must use a real lawyer to fix problems after the fact rarely talk about it.

So I have challenged lawyers to share some of those stories with me, without any client-identifiable information.  I will in turn publish the information.  Share it with friends, relatives and colleagues who are tempted to meet their legal needs “on the cheap” with an online service provider.

All the stories will be posted under the same title “Why You Need a Real Lawyer” so if you don’t want to subscribe, just return to the blog on occasion and look for that title in the Table of Contents.

Story #2:

Client pays $100 to a legal forms website to develop simple, uncontested, no custody, no asset, divorce documents. Client pays another $200 to file them. The Prothonotary bounces them for formalities. Client goes home, spends more money (another $50) to redo the documents on a different website. This time the Prothonotary accepts the documents, but the Judge bounces them for problems. Client comes to [real lawyer]. I have to move to start over, and charge them the same fee we always charge to clean up the mess! At least the Judge immediately signed the proposed order to start over with filing new documents that actual conform to the rules, and let the client use the filing fee they already paid.

Why You Need a Real Lawyer

There are a number of internet-based “legal service” providers, who provide quick forms for legal needs.  They advertise on television quite a bit.  They provide forms for incorporation, wills and estate plans, and more.  Beware!!  The results can be disastrous.

No doubt you’ve heard or read that Bar Associations in most states have sued most of these providers for the Unauthorized Practice of Law.   Unless you are a lawyer or employed in the legal field, you probably felt they were the underdog. You may have rooted for them to win.  And indeed, they are very careful in interpreting the UPL statute in each state to ensure they do not cross the line.  So they survive all challenges.  At least so far.

Their advertising portrays them as the hero trying to save John Q Public’s hard-earned dollars from greedy lawyers.  And frankly, John is eating it up big time.  Use of these internet-based services is growing.

The problem is that John Q Public doesn’t know when the matter requires greater finesse than these forms can provide.  And when an undesirable outcome finally shows up — often years later — it often can’t be fixed, or costs far more to fix than would have been spent originally to do it right.

Here’s the problem.  There’s no way to know in advance if the solution is inadequate, unless an actual lawyer is involved.  Later, when a lawyer must correct, or attempt to correct, the situation, he or she is bound by confidentiality and cannot reveal to the public the consequences of using such services.  So unfortunately John Q Public shares all the success stories with friends and relatives, and enhances the reputation of these services.  Rarely does John Q Public hear of the horror stories from others.  And those who ultimately must use a real lawyer to fix problems after the fact rarely talk about it.

So I have challenged lawyers to share some of those stories with me, without any client-identifiable information.  I will in turn publish the information.  Share it with friends, relatives and colleagues who are tempted to meet their legal needs “on the cheap” with an online service provider.

All the stories will be posted under the same title “Why You Need a Real Lawyer” so if you don’t want to subscribe, just return to the blog on occasion and look for that title in the Table of Contents.

Story #1:

Client owns a small business as a sole proprietor.  Client’s accountant tells client to incorporate to save money.  Accountant goes to a website to fill out forms and incorporates the client, proclaiming success.  Client is involved with government contracting.  Client tells contract officer he is incorporated.   Contract officer gives client forms to fill out and have certified for compliance with government contracting rules.  Client is in shock when contract officer asks pointed questions about all the other forms the client should have already submitted to various agencies – and why the client’s lawyer (accountant, actually) did not do those things!  Contract officer gives client a month to clean up the mess before they take steps to cancel the contract.  So client comes to [attorney] to — eight months after incorporating — file the notices and fill out the forms that are now nine months late.  Finally, client can certify to contracting officer that the right steps are done, and the government will now renew the contract.

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