I want to get back to my "building a law practice" stuff, but this GM and Chapter 11 thing is really bugging me. I read today that the GM chairman strongly believes the company cannot go into a Chapter 11 because the public will not buy cars from a company in reorganization, and they will end up in liquidation.
Pardon my ignorance, but wtf is this guy talking about?
I don't need graphs and charts to see where GM is going as we speak.....on a straight line to liquidation. No bailout, no loan, no stimulus, no miracle is going to stop that. It's a competitive world, they are not competitive, they will go out of business. I've heard it said "they are too big to be allowed to fail". Isn't it obvious that they are "too big to succeed"? Being too big to succeed is the hallmark of un-competitiveness. They are weighted down with bad contracts, a bad dealer system, and product lines that have been behind the times and probably can't catch up. Certainly they can't catch up with all the excess baggage.
The brass at GM can keep referring to Chapter 11 as "bankruptcy", as if saying that will scare the country into endlessly bailing them out. Chapter 11 is NOT bankruptcy per-se, it is re-organization. If the reorganization does not work, THEN you go into liquidation (bankruptcy).
A Chapter 11 filing is a very powerful thing. It immediately stops the bleeding by putting a stay on your creditors. It compels the filing of a re-organization plan. It enables a company to renegotiate almost any problem on their agenda. Oh, and it enables the filing company to obtain fresh financing, as CHAPTER 11 FINANCING IS PREFERRED OVER ALL OTHER CREDITORS!!!! That's right, while a company is re-organizing, lenders who assist jump ahead of all other creditors, even secured creditors. The way the government should "bail out" GM is to either provide the Chapter 11 financing, or guarantee the financial institutions who will give the financing. Personally, I think this is what President Obama has had in mind all along.
I am struggling to understand why the GM leadership is so opposed to a Chapter 11 filing. I can understand why the unions are against it, the best parts of their contracts will be history, unprofitable plants will be closed (as they should be), and the company will be made leaner and more competitive. You would almost think that if it's so bad for the unions, management would embrace it. So why don't they?
Well, another party who takes a beating in a Chapter 11 is the stockholders. Hey, aren't most of the executives also big stockholders? How about executive jobs, and executive pay? Guess those would come under fire in a re-organization too. GM had some cash reserves that would have been nice to use as a cushion in a reorganization. But I guess it seemed better to deplete that, bleed the taxpayers of some useless bailout money, and then face the inevitable. Resisting the filing, and waiting until the company really should be in liquidation, may just doom the Chapter 11 to exactly what the executives claim they want to avoid.
Bankruptcy (reorganization or liquidation) are fascinating tactical cards, played in various ways at all levels of business. I've been involved in cases where the mere realistic brandishing of the bankruptcy sword totally changed a negotiation and settled an unresolvable situation.
The problem with GM is the brandishing and talk about a Chapter 11 hasn't convinced them to DO it. As is often true in bankruptcy cases, there has to be a catalyst, something that forces a companies hand. I can understand why President Obama did not force the filing in his first week in office. Had it been any other time, forcing a "pre-packaged" Chapter 11 was clearly the right way to go.
Watch for this......when they get to the brink, and it won't be long, President Obama will orchestrate GM into Chapter 11. It's the only way. Hopefully it's not too late for a reorganization to actually work.
Tuesday, March 17, 2009
Wednesday, March 11, 2009
Yahrzeit Tribute to Mom
Although I've been on a law/business related blogging streak, I'm taking a day to blog about something personal. Today is my Mom's eleventh Yahrzeit (anniversary of passing). Two years ago I posted "Eulogy for Mom" http://nylaw2law.blogspot.com/search/label/Eulogy%20for%20Mom a printed version of the eulogy I read at her funeral. I wonder how eleven years of thinking about someone every day changes perspective. Although I think about her every day, I pick up the phone to call her less often. I am on my own now, imparting words, doing deeds and demonstrating values to all the people in my life. Eleven years later it finally dawns on me, I have a lot to give because I learned from someone who gave me her all. And so, in honor of Mom......
Top 10 things I learned from my mother:
10. Reading and writing are gifts, appreciate them.
9. Forgiving is better than holding a grudge.
8. If you are interested in something, don't dabble, GO FOR IT!
7. The best way to make friends is to BE a friend.
6. Payback is irrelevant when it comes to helping. Help because you can.
5. You don't have to be "religious" to be spiritual.
4. There are many ways to support someone, not everyone needs the same kind of support.
3. When people ask for advice, give it. Accept that whether they follow it is their decision.
2. Fight for what you believe, but always see reality.
1. Be discreet in your speech, but if something needs to be said, SAY IT.
Mom - it needed to be said, so I said it.
Top 10 things I learned from my mother:
10. Reading and writing are gifts, appreciate them.
9. Forgiving is better than holding a grudge.
8. If you are interested in something, don't dabble, GO FOR IT!
7. The best way to make friends is to BE a friend.
6. Payback is irrelevant when it comes to helping. Help because you can.
5. You don't have to be "religious" to be spiritual.
4. There are many ways to support someone, not everyone needs the same kind of support.
3. When people ask for advice, give it. Accept that whether they follow it is their decision.
2. Fight for what you believe, but always see reality.
1. Be discreet in your speech, but if something needs to be said, SAY IT.
Mom - it needed to be said, so I said it.
Wednesday, March 4, 2009
How to Get Good Cases for YOU
It was easy to list "27 things" you could do to get any kind of legal business. I could list 27 more, if I thought it would benefit anyone. A more challenging list is the things to do AFTER you figure out your "calling". After actually THINKING about what your successful practice would look and feel like.
After getting uninhibited in a most quiet way. Not knowing what the plan is, yet. And not caring. Spending the time and effort BEFORE making the actual plans, so that if the plans work, you will really have something.
Most lawyers starting a practice think....."I want to get my practice started". And you know what? They all succeed.....they get a practice started. And then the stated goal is often, "I want to keep it going and do better". And some effort is made towards that meekly stated goal, and what is achieved is exactly what was stated.
What a luxury, what a blessing it is, to be able to re-invent. To start out with an open slate, to think of what you really want for yourself, and take steps in THAT direction.
Recently a client suggested that I work with "less Zen, more alligator". The case called for "fox", so we compromised on a "Zen-fox-alligator" continuum as a long term strategy for the case.
For one starting in practice, or growing a practice, I hope I've showed where the Zen up front is needed. Now here's some serious "fox"..... 9 solid things to get good cases for YOU:
1. Prepare a direct mail campaign to a targeted list of attorneys. For my money, in law practice, nothing gives you better conversion value (advertising that turns into actual paying business) than direct mail. Some work DOES go into this, but that's one reason it works. What is a "targeted" list? These are attorneys and law firms who are in a position to make referrals for what YOU do. That's why you have to know what you want. So you have something, so you can be one who really knows, so you can be enthusiastic, and so you can send that letter making yourself known for what YOU DO. Who do you target? This takes some thinking, but don't let thinking stop you....THINK!!! Some things just go together. When I started my Queens per diem practice, I targeted attorneys who had cases coming up in Queens.
I knew someone who really knew how to do "wrongful death compromises", a very specific matter in Surrogates Court, which happens at the conclusion of a wrongful death case. Personal injury firms hate doing them because it's a lot of work, not really what they do, and it is needed to finish a case and get paid. She targeted personal injury firms with a great mailing, and became well known as the expert in this type of case.
What else would go together? Almost any specialized legal service is sought by general practitioners. Know what they want? For you to really know your stuff, do a great job, and pay them a referral fee in accordance with ethical rules. There, I said it, THEY WANT TO BE PAID, because general practice is really difficult, and referral fees are very important. Oh, and they don't want you to steal their clients, which you won't do because you do what you do, and they can have all the rest. I received a great mailing from a lawyer who specializes in real estate litigation, particularly "partition actions". His mailing arrived when I had just consulted with someone about such a situation, and if you've ever done one, they are nasty, but sometimes the only way to go. When I spoke with him I knew right away that he LOVED partition cases. I'm not sure why, but I could tell he did. I could also tell he couldn't wait to have my client retain him so HE could start working and pay me. I kept hoping I would get more partition calls so I could refer them to him.
A few more good potential matches for a targeted mailing.
Landlord firms by collection firms.
Plaintiff PI firms by comp or disability firms.
Elder law firms by estate administration firms
matrimonial lawyers by tax, or estate planning lawyers
immigration lawyers by any other specialty.
real estate transaction lawyers by real estate litigators
the combos are endless.....if you THINK for YOU.
What goes in the mailing? Two things, sometimes three.
First, the best letter possible. The one which is reviewed and edited and rewritten until it's perfect. The one that describes what you do, why you do it, and when and why they should call you. It can fit on one page, and it will be great. Put some work into it and email it to me, we'll optimize it.
Second - a specialized rolodex card, with your specialty on the flap. I know, rolodex cards are "old school", but here's my thinking. If you send a business card, people generally extract the information and put it in their "system". If they are interested, they'll do this with a rolodex card too, and if they have a rolodex (and many do) it will be filed under your specialty, so they don't have to remember your name, they will find you when they are looking for what YOU do.....which is way better. How do you like THIS rolodex card?
It's in Rolodexes in about 2000 law offices, filed under "Queens".
The third thing you can include in the mailing is a fee schedule, but only where appropriate.
We may end up with Zen, fox AND alligator.
Tomorrow.....item 2, creating a quality website.
After getting uninhibited in a most quiet way. Not knowing what the plan is, yet. And not caring. Spending the time and effort BEFORE making the actual plans, so that if the plans work, you will really have something.
Most lawyers starting a practice think....."I want to get my practice started". And you know what? They all succeed.....they get a practice started. And then the stated goal is often, "I want to keep it going and do better". And some effort is made towards that meekly stated goal, and what is achieved is exactly what was stated.
What a luxury, what a blessing it is, to be able to re-invent. To start out with an open slate, to think of what you really want for yourself, and take steps in THAT direction.
Recently a client suggested that I work with "less Zen, more alligator". The case called for "fox", so we compromised on a "Zen-fox-alligator" continuum as a long term strategy for the case.
For one starting in practice, or growing a practice, I hope I've showed where the Zen up front is needed. Now here's some serious "fox"..... 9 solid things to get good cases for YOU:
1. Prepare a direct mail campaign to a targeted list of attorneys. For my money, in law practice, nothing gives you better conversion value (advertising that turns into actual paying business) than direct mail. Some work DOES go into this, but that's one reason it works. What is a "targeted" list? These are attorneys and law firms who are in a position to make referrals for what YOU do. That's why you have to know what you want. So you have something, so you can be one who really knows, so you can be enthusiastic, and so you can send that letter making yourself known for what YOU DO. Who do you target? This takes some thinking, but don't let thinking stop you....THINK!!! Some things just go together. When I started my Queens per diem practice, I targeted attorneys who had cases coming up in Queens.
I knew someone who really knew how to do "wrongful death compromises", a very specific matter in Surrogates Court, which happens at the conclusion of a wrongful death case. Personal injury firms hate doing them because it's a lot of work, not really what they do, and it is needed to finish a case and get paid. She targeted personal injury firms with a great mailing, and became well known as the expert in this type of case.
What else would go together? Almost any specialized legal service is sought by general practitioners. Know what they want? For you to really know your stuff, do a great job, and pay them a referral fee in accordance with ethical rules. There, I said it, THEY WANT TO BE PAID, because general practice is really difficult, and referral fees are very important. Oh, and they don't want you to steal their clients, which you won't do because you do what you do, and they can have all the rest. I received a great mailing from a lawyer who specializes in real estate litigation, particularly "partition actions". His mailing arrived when I had just consulted with someone about such a situation, and if you've ever done one, they are nasty, but sometimes the only way to go. When I spoke with him I knew right away that he LOVED partition cases. I'm not sure why, but I could tell he did. I could also tell he couldn't wait to have my client retain him so HE could start working and pay me. I kept hoping I would get more partition calls so I could refer them to him.
A few more good potential matches for a targeted mailing.
Landlord firms by collection firms.
Plaintiff PI firms by comp or disability firms.
Elder law firms by estate administration firms
matrimonial lawyers by tax, or estate planning lawyers
immigration lawyers by any other specialty.
real estate transaction lawyers by real estate litigators
the combos are endless.....if you THINK for YOU.
What goes in the mailing? Two things, sometimes three.
First, the best letter possible. The one which is reviewed and edited and rewritten until it's perfect. The one that describes what you do, why you do it, and when and why they should call you. It can fit on one page, and it will be great. Put some work into it and email it to me, we'll optimize it.
Second - a specialized rolodex card, with your specialty on the flap. I know, rolodex cards are "old school", but here's my thinking. If you send a business card, people generally extract the information and put it in their "system". If they are interested, they'll do this with a rolodex card too, and if they have a rolodex (and many do) it will be filed under your specialty, so they don't have to remember your name, they will find you when they are looking for what YOU do.....which is way better. How do you like THIS rolodex card?
It's in Rolodexes in about 2000 law offices, filed under "Queens".
The third thing you can include in the mailing is a fee schedule, but only where appropriate.
We may end up with Zen, fox AND alligator.
Tomorrow.....item 2, creating a quality website.
Tuesday, February 24, 2009
Good Cases for YOU....and 27 Ways to Get All Kinds of New Legal Business
Roll up your sleeves, pull up a chair, pay homage to your personal muse, or do whatever you do when you embark on something new and important......Today is a two for one day. First, we will get started on How to Get Good Cases for YOU. Today will be part 1 of that. I may wax a little philosophical with this, I may go for some "zen in the law". Don't be intimidated. Don't dismiss this part and think....."I'll wait for the REAL stuff". I will tell you how to actually get the good cases for YOU, but I want you on my team first. Oh, and please don't skip to the bottom for the "27 Ways", which are not there to get the good cases for YOU. Those are there to show you how easy it is to "get business". I don't want your goal to be "getting business", I want you to know you CAN do that, it's easy. I want you to tackle the more challenging.....Getting Good Business for YOU.
Why am I capitalizing YOU? Because I wish somebody would have pointed out to ME that this was a better way to approach law practice than "27 ways". First, you have permission to envision. Envision your practice as successful. What kinds of cases are you working on? How much money are you making? Where are you being quoted? Who are your clients? Who is working for you? What kinds of cases are you turning down? Where are you going on vacation?
Hmmm, another hokey goal setting talk? Well, do you want to be successful? Or are you "hoping" to be successful. Which is more likely to actually have you DO real things towards that end? In the limited time we all have, the decisions we make each hour, each day, over how to use our time are directly controlled by how strongly we envision.
I capitalize YOU because I want you to permit yourself to envision a successful law practice, in detail. Why? Because I want you to take the steps to make it happen, and this will involve making certain decisions and acting on them. For YOU, nobody else. And to do this you have to value YOU. It's sort of a private thing. I'll respect your privacy. Have the conversations with yourself if necessary. Have them with someone you trust. Have them with me if you wish, I'll keep it confidential. The thing is, do not fear exploring what YOU want.
Phew, this is getting heavy. I will talk more about it tomorrow, and we will look at specific decisions that will move us toward our visions.
That got me a little tired, so to take a break, and for a goof........I give you 27 Ways to Get All Kinds of Legal Business......
1. Mail announcements to an expansive list of friends, relatives and acquaintances.
2. Join the referral panel of every local bar association.
3. Sign up for the 18-B panel (court appointed misdemeanor cases)
4. Take the seminars for Court Evaluator, Referee, and Guardian ad Litem appointments.
5. Work part-time as an Administrative Law Judge. At the very least you will get good blog material by doing this http://nylaw2law.blogspot.com/search/label/ALJ%20at%20PVB
6. Make yourself known to local real estate brokers.
7. Get to know various accountants, and refer them clients. Trust me, they will refer you business.
8. Refer clients to all kinds of professionals and tradespeople, and follow up.
9. Answer ads in the Law Journal for part-time and project work.
10. Place ads in the Law Journal offering specific services.
11. Sign up with lawyer temp agencies.
12. Place ads in local newspapers.
13. Place ads in out of State Bar journals, especially nearby States. I hit a few home runs with this one.
14. Let other lawyers know you are available in "conflict situations".....Quik story.....a month into my practice, a lawyer in my suite asked me to represent the other side of a business transaction. His client had a "drapery and upholstery" business. My client was the "upholsterer" and was buying that part of the business. When I looked at the contract it seemed kind of unfair. My new client said what foreign born clients always say "What do you think Mr. Barry?" I said the contract seemed kind of unfair, and he said "I think that too, but I want to buy the business, can you fix it?" So I negotiated a better deal, and the referring lawyer was kind of mad at me. At the closing he whispered to me, "Your client will never cut it, he'll pay some of the notes and go out of business" Three years later, after he paid the notes, I was his lawyer when he bought the drapery business too.
15. Do per diem work (court assignments for other attorneys). People make a living just doing THIS.
16. Do a pro-bono case because you want to. It's just good karma, and invariably the client refers you other paying clients.
17. Be accommodating to people who approach you in court. I'm amazed when lawyers blow off people who approach them in court. One more quik story - I was once coming out of Housing Court when an old lady approached me and said "Mister, is this where I make a case against my Landlord?" Rather than just say "yeah", I said "What kind of case?". She said, "I fell down the steps because he doesn't clean the garbage, and I broke my arm." I said, "This is Housing Court, but it's more for rent problems, your case would be in a different court, and you would need a lawyer for a case like that." "Are you a lawyer?"......Bottom line, case was settled for $30,000. Be nice to people who approach you in Court.
18. Be especially alert in Court's where clients tend to approach you. If you are already in Criminal Court, or Housing, or Family, or Small Claims, potential clients will approach. Be prepared.
19. Participate in things you enjoy, having nothing to do with law. Notice I don't say...."go to bar association meetings, or chamber of commerce, or political clubs". Those are full of lawyers. I played softball with a bunch of guys from Felicia's cousin's lodge in Brooklyn, where nobody was a lawyer, or even knew a lawyer. I did not join the team to get business, I wanted to play ball and be friendly with cousin Al, which I did. I also got all kinds of new business. As an aside, our catcher was in "funeral director school". If his beeper went off during the game, we all took our hats off.
20. Pay attention to "ethnic community leaders".....and not necessarily your own ethnic community. What I mean is, if you happen to get a client from a close-knit ethnic community, and the client is somewhat educated, chances are people will trust his referrals. Those referrals will come to you, IF you are paying attention.
21. Pay attention to how you answer the question "what do you do?". If you do a lot of things, don't say "general practice". Size the questioner up, and take an educated guess at what the most appropriate response would be.
22. Accept credit cards. Many lawyers don't, there are times when you being one who does, gets the business.
23. Participate in a pre-paid legal plan. I met some of the worst clients ever by doing this, but hey, you WILL get business.
24. Teach a paralegal class. I did this, it was fun. I hired the smartest student in the class, who was one of the best clerks I ever had. She worked for me while in law school, and she has been a successful attorney for many years. I also got a few small cases from other students.
25. Take speaking engagements......anywhere. I always got new business after speaking at senior centers or the library. You make a call or two with a suggested topic, and you are in.
26. If you are in a law suite, or a building with a lot of lawyers, introduce yourself to every lawyer and tell them you are available for per diem work, or referrals of cases.
27. Be yourself. It's not as stressful as the alternatives.
Tomorrow....back to good business for YOU.
Why am I capitalizing YOU? Because I wish somebody would have pointed out to ME that this was a better way to approach law practice than "27 ways". First, you have permission to envision. Envision your practice as successful. What kinds of cases are you working on? How much money are you making? Where are you being quoted? Who are your clients? Who is working for you? What kinds of cases are you turning down? Where are you going on vacation?
Hmmm, another hokey goal setting talk? Well, do you want to be successful? Or are you "hoping" to be successful. Which is more likely to actually have you DO real things towards that end? In the limited time we all have, the decisions we make each hour, each day, over how to use our time are directly controlled by how strongly we envision.
I capitalize YOU because I want you to permit yourself to envision a successful law practice, in detail. Why? Because I want you to take the steps to make it happen, and this will involve making certain decisions and acting on them. For YOU, nobody else. And to do this you have to value YOU. It's sort of a private thing. I'll respect your privacy. Have the conversations with yourself if necessary. Have them with someone you trust. Have them with me if you wish, I'll keep it confidential. The thing is, do not fear exploring what YOU want.
Phew, this is getting heavy. I will talk more about it tomorrow, and we will look at specific decisions that will move us toward our visions.
That got me a little tired, so to take a break, and for a goof........I give you 27 Ways to Get All Kinds of Legal Business......
1. Mail announcements to an expansive list of friends, relatives and acquaintances.
2. Join the referral panel of every local bar association.
3. Sign up for the 18-B panel (court appointed misdemeanor cases)
4. Take the seminars for Court Evaluator, Referee, and Guardian ad Litem appointments.
5. Work part-time as an Administrative Law Judge. At the very least you will get good blog material by doing this http://nylaw2law.blogspot.com/search/label/ALJ%20at%20PVB
6. Make yourself known to local real estate brokers.
7. Get to know various accountants, and refer them clients. Trust me, they will refer you business.
8. Refer clients to all kinds of professionals and tradespeople, and follow up.
9. Answer ads in the Law Journal for part-time and project work.
10. Place ads in the Law Journal offering specific services.
11. Sign up with lawyer temp agencies.
12. Place ads in local newspapers.
13. Place ads in out of State Bar journals, especially nearby States. I hit a few home runs with this one.
14. Let other lawyers know you are available in "conflict situations".....Quik story.....a month into my practice, a lawyer in my suite asked me to represent the other side of a business transaction. His client had a "drapery and upholstery" business. My client was the "upholsterer" and was buying that part of the business. When I looked at the contract it seemed kind of unfair. My new client said what foreign born clients always say "What do you think Mr. Barry?" I said the contract seemed kind of unfair, and he said "I think that too, but I want to buy the business, can you fix it?" So I negotiated a better deal, and the referring lawyer was kind of mad at me. At the closing he whispered to me, "Your client will never cut it, he'll pay some of the notes and go out of business" Three years later, after he paid the notes, I was his lawyer when he bought the drapery business too.
15. Do per diem work (court assignments for other attorneys). People make a living just doing THIS.
16. Do a pro-bono case because you want to. It's just good karma, and invariably the client refers you other paying clients.
17. Be accommodating to people who approach you in court. I'm amazed when lawyers blow off people who approach them in court. One more quik story - I was once coming out of Housing Court when an old lady approached me and said "Mister, is this where I make a case against my Landlord?" Rather than just say "yeah", I said "What kind of case?". She said, "I fell down the steps because he doesn't clean the garbage, and I broke my arm." I said, "This is Housing Court, but it's more for rent problems, your case would be in a different court, and you would need a lawyer for a case like that." "Are you a lawyer?"......Bottom line, case was settled for $30,000. Be nice to people who approach you in Court.
18. Be especially alert in Court's where clients tend to approach you. If you are already in Criminal Court, or Housing, or Family, or Small Claims, potential clients will approach. Be prepared.
19. Participate in things you enjoy, having nothing to do with law. Notice I don't say...."go to bar association meetings, or chamber of commerce, or political clubs". Those are full of lawyers. I played softball with a bunch of guys from Felicia's cousin's lodge in Brooklyn, where nobody was a lawyer, or even knew a lawyer. I did not join the team to get business, I wanted to play ball and be friendly with cousin Al, which I did. I also got all kinds of new business. As an aside, our catcher was in "funeral director school". If his beeper went off during the game, we all took our hats off.
20. Pay attention to "ethnic community leaders".....and not necessarily your own ethnic community. What I mean is, if you happen to get a client from a close-knit ethnic community, and the client is somewhat educated, chances are people will trust his referrals. Those referrals will come to you, IF you are paying attention.
21. Pay attention to how you answer the question "what do you do?". If you do a lot of things, don't say "general practice". Size the questioner up, and take an educated guess at what the most appropriate response would be.
22. Accept credit cards. Many lawyers don't, there are times when you being one who does, gets the business.
23. Participate in a pre-paid legal plan. I met some of the worst clients ever by doing this, but hey, you WILL get business.
24. Teach a paralegal class. I did this, it was fun. I hired the smartest student in the class, who was one of the best clerks I ever had. She worked for me while in law school, and she has been a successful attorney for many years. I also got a few small cases from other students.
25. Take speaking engagements......anywhere. I always got new business after speaking at senior centers or the library. You make a call or two with a suggested topic, and you are in.
26. If you are in a law suite, or a building with a lot of lawyers, introduce yourself to every lawyer and tell them you are available for per diem work, or referrals of cases.
27. Be yourself. It's not as stressful as the alternatives.
Tomorrow....back to good business for YOU.
Monday, February 23, 2009
Let's Get Some (Good) Business
Yesterday I set forth the basic premise that any business involves 3 steps....getting the business, doing the work, and dealing with finances. I promised that today we would "get us some business".
Where does new law business come from? I can (and will) give you at least 27 places it comes from, but first I want to ask a better question. Where does GOOD law business come from and how can you make it come to YOU? Isn't it worth asking, what would be the best type of new business for YOU?
For those who are cost conscious, there's something nice about asking what YOUR good business would be. The nice thing is asking this question "doesn't cost nuthin'".......'cept maybe some time and some thought. Which leads to a "new business tip"
TIP: If you are not willing to spend some time and thought on what kind of cases you want in your new business......keep sending out those resumes till you get a job.....opening a practice is not for you. Does that seem a bit harsh? Let me assure you of something.....I promise you can get plenty of law business, plenty of new clients and new cases....it's really easy. But if you load up your plate with bad business you will have big problems doing the work, and bigger problems with your finances. And when that happens, you will also not spend QUALITY time getting new good business. You will be in that vicious cycle of "crappy cases, tons of work, small money.....crappy cases, tons of work, small money". This is called "typical general practice". And, uh, I didn't read about this in a book!
My point is, things might end up this way, it is a way to live, and a living can be made, BUT....
this is not the only way to go about it. A little forethought could have you marketing for GOOD cases and get you on the way to a successful, rewarding practice, for much more money.
What do I mean by GOOD cases for YOU? Here are a few characteristics:
1. You either know the area of law really well, or are willing to learn it. Put another way, you have a passion for it, or could acquire passion.
2. You could see yourself referring to yourself as a ".......... lawyer" and be proud of it.
3. You enjoy talking about this type of case, hearing about this type of case, and reading about this type of case.
4. You could see yourself writing a letter to other lawyers suggesting they refer you this type of case, and see yourself as being respected by other lawyers for your knowledge of this type of case, and that thought feels good. If you could not see doing this now, you would want to know enough to be able to do it in the future. (which in fact you WILL do)
Tomorrow....how to get GOOD cases for YOU, and
27 ways to get all kinds of new law business (because no matter what I say about marketing for GOOD business for YOU....people still want 27 ways to get all kinds of new law business). I will tell you at least 27 basic ways to get new law business, even though, it will be like when I walk Dovie and he pees on a fire hydrant, and I have to say to him "That's old school". He always looks at me as if to say, "Yeah, but I still like to do it sometimes".....so 27 ways it will be, old school or not.
Hasta mañana.
Where does new law business come from? I can (and will) give you at least 27 places it comes from, but first I want to ask a better question. Where does GOOD law business come from and how can you make it come to YOU? Isn't it worth asking, what would be the best type of new business for YOU?
For those who are cost conscious, there's something nice about asking what YOUR good business would be. The nice thing is asking this question "doesn't cost nuthin'".......'cept maybe some time and some thought. Which leads to a "new business tip"
TIP: If you are not willing to spend some time and thought on what kind of cases you want in your new business......keep sending out those resumes till you get a job.....opening a practice is not for you. Does that seem a bit harsh? Let me assure you of something.....I promise you can get plenty of law business, plenty of new clients and new cases....it's really easy. But if you load up your plate with bad business you will have big problems doing the work, and bigger problems with your finances. And when that happens, you will also not spend QUALITY time getting new good business. You will be in that vicious cycle of "crappy cases, tons of work, small money.....crappy cases, tons of work, small money". This is called "typical general practice". And, uh, I didn't read about this in a book!
My point is, things might end up this way, it is a way to live, and a living can be made, BUT....
this is not the only way to go about it. A little forethought could have you marketing for GOOD cases and get you on the way to a successful, rewarding practice, for much more money.
What do I mean by GOOD cases for YOU? Here are a few characteristics:
1. You either know the area of law really well, or are willing to learn it. Put another way, you have a passion for it, or could acquire passion.
2. You could see yourself referring to yourself as a ".......... lawyer" and be proud of it.
3. You enjoy talking about this type of case, hearing about this type of case, and reading about this type of case.
4. You could see yourself writing a letter to other lawyers suggesting they refer you this type of case, and see yourself as being respected by other lawyers for your knowledge of this type of case, and that thought feels good. If you could not see doing this now, you would want to know enough to be able to do it in the future. (which in fact you WILL do)
Tomorrow....how to get GOOD cases for YOU, and
27 ways to get all kinds of new law business (because no matter what I say about marketing for GOOD business for YOU....people still want 27 ways to get all kinds of new law business). I will tell you at least 27 basic ways to get new law business, even though, it will be like when I walk Dovie and he pees on a fire hydrant, and I have to say to him "That's old school". He always looks at me as if to say, "Yeah, but I still like to do it sometimes".....so 27 ways it will be, old school or not.
Hasta mañana.
Saturday, February 21, 2009
Law Practice (and other business) Fundamentals
Due to deep seated psychological reasons, which years of therapy have not remotely approached addressing, I have always had it in my mind that I could not draw, paint, or do anything remotely "artistic". It's got something to do with my mother being an artist, and worrying too much about what other people would think about my artistic efforts. And yes, Dr. Freud, I know I married an artist, just to keep you amused.
However......once, in preparation for giving a talk on "Building a Law Practice", I made a little illustration. This is the only known work of its kind, created by my very hand.....
Tomorrow, let's get us some business.....
However......once, in preparation for giving a talk on "Building a Law Practice", I made a little illustration. This is the only known work of its kind, created by my very hand.....
1. Getting the business.
2. Doing the work.
3. Managing the finances.
If a law practice (or ANY business) is having "problems", the source is often one (sometimes more than one) of these issues. GM is screwed on all three, and in my view, their Chapter 11 filing is inevitable, but that's another post. Most new law practices are initially challenged with Item #1. I maintain this is easily overcome, and will then present the challenges of #'s 2&3.
Maybe this approach is overly simplistic, but breaking it down to these basics gives you a place to start. It also takes what can appear to be a broad question (How do I start or improve a law practice?), and targets areas for further concentration.
Tomorrow, let's get us some business.....
Wednesday, February 18, 2009
25 Random Things....
I'm not big on fads, but I was intrigued when I got a "25 Random Things About Me" from a friend on Facebook. I thought it was a challenging exercise, so I did it. I know that sometimes it’s sent “chain letter style”, with encouragement to the recipients to write one. I did not send it that way on Facebook, and I would not post it that way on my blog. However, considering that some of my blog readers know me a bit, and some not so much, here it is......
25. I have a passport, but have never had to use it.
24. My father had a sister who was 26 years older than him, who died at age 17 as a nurse in World War I, nine years before he was born.
23. I can drive a stick shift car, and drove my Bug back and forth from Texas....twice.
22. When I was in high school I had mono, and missed three months of my senior year.
21. During college I worked two summers loading and unloading trucks at a leather warehouse on Spring Street in Soho.
20. In Forest Hills Little League, they used to have a system where boys could be "drafted" by a "major league" team (up to age 12). Each team had points they used to draft, and once you were drafted, if you made the "majors", you were that teams property. You could be drafted as young as age 9. When I was 11 and my brother Brian was 9, we were drafted as a "brother package" for the then record number of points. I was told the record stood for many years. Brian was a fantastic player. By the time he was 12, his team ("Breakstone") went undefeated and won the championship.
19. I decided to go to Stony Brook after reading a book called "The Underground Guide to the College of Your Choice". In that book, Stony Brook was described as "a freaky campus where the dorms are like brothels".
18. The first concert I ever went to was....The New Riders of the Purple Sage. It was at Queens College, I went with my friend Ronnie.
17. In the late 60's, for two straight seasons I went to every Jet home game at Shea Stadium.....by SNEAKING IN.
16. I played the string bass in the Junior High School orchestra. I even took lessons in the summer, but stopped when other kids in summer school stole my money.....RIGHT IN FRONT OF MY DAD!!!!! (who had just dropped me off)
17. I played roller hockey as a kid, and can still roller skate pretty well.
16. All my life I was really skinny, and now my whole family gets on my case for being fat.
15. I love country music.
14. When I opened my own practice right out of law school, I felt like I was faking being a lawyer. That feeling finally left about a month ago.
13. So far I've survived a heart attack, cancer, and had some other "challenges" in my life. I was once shocked when someone said I've had some bad luck. IT HAD NEVER OCCURRED TO ME!!!
12. I'm really good at solving other people's unsolvable problems. This skill does not pay as well as it should.
11. I'm writing a novel. Am I getting ahead of myself by knowing who will play the leads in the movie?
10. Fate is real. In 2006 I had been diagnosed with throat cancer. The day I found out, a white dove came and sat on our air conditioner. It didn't move for 36 hours. The second day we saw some neighbors walking their dog, with a second little white dog we had never seen before. We found out they had the little guy in "foster care" after he had been abandoned at Kennedy airport. We had been talking about getting a dog, and I wanted to show the family (and myself) that I expected to stick around. I looked at the white dove on the windowsill and said, "I think we are SUPPOSED to adopt that dog". We named him "Dov". Dov has meant more to our family than words could capture. Fate is real.
9. My mother was born in Berlin, Germany in 1932, and came to the U.S. in 1938. I've known a lot of people in my life, and I realize I'm prejudiced, but.....greatest person I have ever known....by far.
8. Back in the late 80's, I represented country music star K.T. Oslin in a civil case where her dog bit the ear off her vet's assistant. She was unknown prior to this time, and became famous during the case. After we won, not only did I get paid, I got to see her at Carnegie Hall, with Clint Black as her opening act.
7. I am not a religious person, but maintaining the continuity of Judaism strikes me as important. We sent Rebecca to Solomon Schechter School for grades K-8, hoping she would feel a part of something worth continuing. I think this succeeded. We had a secondary reason for sending her there....to make friends and become part of a community. In this, we succeeded beyond our expectations.
6. My brother (Brian) is a harness racing trainer. He drove over 300 winning races as a driver, but no longer drives due to an injury. He started for the Forest Hills High School basketball team (that's a pretty high level of play), and also pitched, caught and played shortstop for the baseball team. That stuff is all cool, but even cooler is that you would be hard pressed to ever meet a nicer, more decent person.
5. My birthday is the same as the year I was born 1/9/57.
4. When Emilie was about 4 years old, we went to the "Option Institute" for assistance in addressing her "issues". We gained a different world view, and were able to do an 8 hour a day home school program for her, with 25 recruited volunteers who we trained and supervised, for a year and a half. Sometimes when I think about it, I still can't believe we did that.
3. On December 27, 1999 (approximately, but who can remember such things?) I was featured in an article on the front page of the New York Law Journal, where I was called "The King of Queens".
2. One of the greatest joys in my life is reading my daughter Rebecca's writing, and talking to her about anything and everything.
1. Life is a series of decisions, large and small. In my freshman year of college, I lost my keys in the laundry room and some funky chick from upstairs found them. I decided to take the advice of my hallmate Joe Norbury (a 23 year old freshman Marine veteran), and asked the funky chick out. I have now been on a 34 year date that gets better every day......with the love of my life.
25. I have a passport, but have never had to use it.
24. My father had a sister who was 26 years older than him, who died at age 17 as a nurse in World War I, nine years before he was born.
23. I can drive a stick shift car, and drove my Bug back and forth from Texas....twice.
22. When I was in high school I had mono, and missed three months of my senior year.
21. During college I worked two summers loading and unloading trucks at a leather warehouse on Spring Street in Soho.
20. In Forest Hills Little League, they used to have a system where boys could be "drafted" by a "major league" team (up to age 12). Each team had points they used to draft, and once you were drafted, if you made the "majors", you were that teams property. You could be drafted as young as age 9. When I was 11 and my brother Brian was 9, we were drafted as a "brother package" for the then record number of points. I was told the record stood for many years. Brian was a fantastic player. By the time he was 12, his team ("Breakstone") went undefeated and won the championship.
19. I decided to go to Stony Brook after reading a book called "The Underground Guide to the College of Your Choice". In that book, Stony Brook was described as "a freaky campus where the dorms are like brothels".
18. The first concert I ever went to was....The New Riders of the Purple Sage. It was at Queens College, I went with my friend Ronnie.
17. In the late 60's, for two straight seasons I went to every Jet home game at Shea Stadium.....by SNEAKING IN.
16. I played the string bass in the Junior High School orchestra. I even took lessons in the summer, but stopped when other kids in summer school stole my money.....RIGHT IN FRONT OF MY DAD!!!!! (who had just dropped me off)
17. I played roller hockey as a kid, and can still roller skate pretty well.
16. All my life I was really skinny, and now my whole family gets on my case for being fat.
15. I love country music.
14. When I opened my own practice right out of law school, I felt like I was faking being a lawyer. That feeling finally left about a month ago.
13. So far I've survived a heart attack, cancer, and had some other "challenges" in my life. I was once shocked when someone said I've had some bad luck. IT HAD NEVER OCCURRED TO ME!!!
12. I'm really good at solving other people's unsolvable problems. This skill does not pay as well as it should.
11. I'm writing a novel. Am I getting ahead of myself by knowing who will play the leads in the movie?
10. Fate is real. In 2006 I had been diagnosed with throat cancer. The day I found out, a white dove came and sat on our air conditioner. It didn't move for 36 hours. The second day we saw some neighbors walking their dog, with a second little white dog we had never seen before. We found out they had the little guy in "foster care" after he had been abandoned at Kennedy airport. We had been talking about getting a dog, and I wanted to show the family (and myself) that I expected to stick around. I looked at the white dove on the windowsill and said, "I think we are SUPPOSED to adopt that dog". We named him "Dov". Dov has meant more to our family than words could capture. Fate is real.
9. My mother was born in Berlin, Germany in 1932, and came to the U.S. in 1938. I've known a lot of people in my life, and I realize I'm prejudiced, but.....greatest person I have ever known....by far.
8. Back in the late 80's, I represented country music star K.T. Oslin in a civil case where her dog bit the ear off her vet's assistant. She was unknown prior to this time, and became famous during the case. After we won, not only did I get paid, I got to see her at Carnegie Hall, with Clint Black as her opening act.
7. I am not a religious person, but maintaining the continuity of Judaism strikes me as important. We sent Rebecca to Solomon Schechter School for grades K-8, hoping she would feel a part of something worth continuing. I think this succeeded. We had a secondary reason for sending her there....to make friends and become part of a community. In this, we succeeded beyond our expectations.
6. My brother (Brian) is a harness racing trainer. He drove over 300 winning races as a driver, but no longer drives due to an injury. He started for the Forest Hills High School basketball team (that's a pretty high level of play), and also pitched, caught and played shortstop for the baseball team. That stuff is all cool, but even cooler is that you would be hard pressed to ever meet a nicer, more decent person.
5. My birthday is the same as the year I was born 1/9/57.
4. When Emilie was about 4 years old, we went to the "Option Institute" for assistance in addressing her "issues". We gained a different world view, and were able to do an 8 hour a day home school program for her, with 25 recruited volunteers who we trained and supervised, for a year and a half. Sometimes when I think about it, I still can't believe we did that.
3. On December 27, 1999 (approximately, but who can remember such things?) I was featured in an article on the front page of the New York Law Journal, where I was called "The King of Queens".
2. One of the greatest joys in my life is reading my daughter Rebecca's writing, and talking to her about anything and everything.
1. Life is a series of decisions, large and small. In my freshman year of college, I lost my keys in the laundry room and some funky chick from upstairs found them. I decided to take the advice of my hallmate Joe Norbury (a 23 year old freshman Marine veteran), and asked the funky chick out. I have now been on a 34 year date that gets better every day......with the love of my life.
Monday, January 26, 2009
Life Lessons from an Unlikely Source
I like being able to look back at something which became popular and say "I knew it". The first time I watched "The World Poker Tour" on TV, I said "The producers of this show have made a major breakthrough, poker on TV is going to be BIG". Their breakthrough was showing the audience the "hole cards". What makes it compelling TV is that it takes something many people know how to do (play poker), and lets the viewer into the game, while providing drama and expert commentary. When you add camera close-ups of players gulping and sweating as they agonize over decisions, and huge amounts of money, you have a modern day reality sports show. Here's a clip http://www.youtube.com/watch?v=ojeRwWIdQBM Note: These are some of the top players in the world, and if the announcers voice sounds familiar, it's Gabe Kaplan (Welcome Back Kotter)
The fact is, TV poker sparked an international poker boom. There are many tournaments, many TV shows, plus books, videos, magazines and everything else that goes with something popular. The game played in the tourneys and on the shows is Texas Hold-em....each player gets two cards and you bet, next three shared cards are "flopped" in the middle of the table and you bet, then a fourth shared card (called the "turn") and you bet, then a fifth card (the "river") and you bet. This is a variation on the games people play at home, but the priority of hands is the same. One more big difference, usually the game is "no-limit". This does not mean you can reach into your pocket for more money. Everybody buys in for the same amount and you can't generally add to that, but once the tourney starts, you can bet any part of your "stack" of chips, up to ALL of your chips, on ANY bet. Really affects your strategy. As an aside, there was a great poker movie a few years ago, where they played Texas Hold-em. It was Rounders, with Matt Damon, Edward Norton and John Malkovich. http://www.youtube.com/watch?v=ghaGFWc1HGE Worth renting if you've never seen it.
A few months ago I started playing online poker.....yes, for real money. Not a lot of money, because frankly, I don't consider myself a great player. When you play online you can build up "points", which you can use to shop in the online poker store. They had some nice sweatshirts for a zillion points. I had enough points for a poker instructional DVD, so what the heck, I got "Final Table Poker, with Phil Gordon" http://www.amazon.com/Final-Table-Poker-Phil-Gordon/dp/B000AQK3X8. In this DVD, you are inside the head of Phil Gordon, a top player and commentator, as he plays at a final table. He shows you how he analyzes the other players, and provides about 30 concrete lessons on no-limit hold-em. Here's a sample. http://www.youtube.com/watch?v=6ZUGfB5oZgs
After watching this video, my online play greatly improved. A nice surprise. An even better surprise was the applicability of many of these poker lessons to real life. Here are a few:
1. Be aware of the personalities and tendencies of people you are dealing with, and be aware of how these people perceive YOU. Even in limited involvement situations (poker and business both present these), you are creating your image as you go. Be aware.
2. Certain situations can start out promising, and you can capitalize on them, BUT, those same situations can turn into your worst disasters. He makes you aware of these.....hmmmm.....awareness.
3. Selective aggression. Pick your spots and be the initiator. Much good can come from this.
4. Take time to think. In poker you do not have unlimited time to think, but you have time to think through what has happened so far, who is doing what, and what you should do. Life is easier, we often have more time. Take time to think things through.
5. A poker tourney is a series of decisions. Although some people think poker is about luck, a poker tourney is really about knowing when important decisions are being made, and making a high percentage of good decisions.
6. He has a whole section on "odds and outs". It's about calculating odds, and it's kinda technical. It took some thinking to get a handle on it, and I watched that part a few times. It was not beyond my comprehension, and I feel better having learned it. Are there some things you need to learn, and COULD learn, if you tried a bit? I can't resist, here's a clip...don't be intimidated http://www.youtube.com/watch?v=kn97ymhgp_w
7. Very often, you are playing your opponent more than your hand......sometimes WHO is more important than WHAT.
These are only a few....e-mail me to discuss some more.
One last thing.....Happy Groundhog Day to all
The fact is, TV poker sparked an international poker boom. There are many tournaments, many TV shows, plus books, videos, magazines and everything else that goes with something popular. The game played in the tourneys and on the shows is Texas Hold-em....each player gets two cards and you bet, next three shared cards are "flopped" in the middle of the table and you bet, then a fourth shared card (called the "turn") and you bet, then a fifth card (the "river") and you bet. This is a variation on the games people play at home, but the priority of hands is the same. One more big difference, usually the game is "no-limit". This does not mean you can reach into your pocket for more money. Everybody buys in for the same amount and you can't generally add to that, but once the tourney starts, you can bet any part of your "stack" of chips, up to ALL of your chips, on ANY bet. Really affects your strategy. As an aside, there was a great poker movie a few years ago, where they played Texas Hold-em. It was Rounders, with Matt Damon, Edward Norton and John Malkovich. http://www.youtube.com/watch?v=ghaGFWc1HGE Worth renting if you've never seen it.
A few months ago I started playing online poker.....yes, for real money. Not a lot of money, because frankly, I don't consider myself a great player. When you play online you can build up "points", which you can use to shop in the online poker store. They had some nice sweatshirts for a zillion points. I had enough points for a poker instructional DVD, so what the heck, I got "Final Table Poker, with Phil Gordon" http://www.amazon.com/Final-Table-Poker-Phil-Gordon/dp/B000AQK3X8. In this DVD, you are inside the head of Phil Gordon, a top player and commentator, as he plays at a final table. He shows you how he analyzes the other players, and provides about 30 concrete lessons on no-limit hold-em. Here's a sample. http://www.youtube.com/watch?v=6ZUGfB5oZgs
After watching this video, my online play greatly improved. A nice surprise. An even better surprise was the applicability of many of these poker lessons to real life. Here are a few:
1. Be aware of the personalities and tendencies of people you are dealing with, and be aware of how these people perceive YOU. Even in limited involvement situations (poker and business both present these), you are creating your image as you go. Be aware.
2. Certain situations can start out promising, and you can capitalize on them, BUT, those same situations can turn into your worst disasters. He makes you aware of these.....hmmmm.....awareness.
3. Selective aggression. Pick your spots and be the initiator. Much good can come from this.
4. Take time to think. In poker you do not have unlimited time to think, but you have time to think through what has happened so far, who is doing what, and what you should do. Life is easier, we often have more time. Take time to think things through.
5. A poker tourney is a series of decisions. Although some people think poker is about luck, a poker tourney is really about knowing when important decisions are being made, and making a high percentage of good decisions.
6. He has a whole section on "odds and outs". It's about calculating odds, and it's kinda technical. It took some thinking to get a handle on it, and I watched that part a few times. It was not beyond my comprehension, and I feel better having learned it. Are there some things you need to learn, and COULD learn, if you tried a bit? I can't resist, here's a clip...don't be intimidated http://www.youtube.com/watch?v=kn97ymhgp_w
7. Very often, you are playing your opponent more than your hand......sometimes WHO is more important than WHAT.
These are only a few....e-mail me to discuss some more.
One last thing.....Happy Groundhog Day to all
Wednesday, January 21, 2009
Lawyering....Way Back in the Day
Back in 1982, several of my lawyer suite-mates had been practicing since the 1930's. Here are a few observations about lawyering back in their day:
1. Most, if not all, of the Judges were white males. Come to think of it, this was also true of their lawyer colleagues and law school classmates.
2. Most lawyers in small firms (or solos) were general practitioners....they knew how to do many kinds of cases.
3. There were "recommended fees" for various services, set by the Bar Associations. This practice was eventually eliminated, for the benefit of "the public". Sadly, as the ranks of lawyers swelled, the relative fees for "bread and butter" legal services have plummeted. You can say it's competition, and fair market values, but the fact is when you try to do a real estate closing at market rates, you will lose money.....unless you cut corners. Whose interest is that in?
4. There was no advertising. You built your practice by word of mouth.
5. They did their research in libraries.
6. Networking and knowing people were part and parcel of the practice. I was always amazed that one of the first things the older lawyers wanted to know about a new matter was "Who is the other attorney" and "Who is the Judge". If they didn't know the players, they would delve into their pedigree and find out who they knew. After a few years, I realized I do exactly the same.
I wonder if those lawyers who were starting out in the 1930's ever thought about the lawyers in THEIR suites who had 50 years experience. The guys who started in the 1880's. The thing is, some things about lawyering have not, do not, and probably will not change. For great illustrations of this, I highly recommend two books about Abraham Lincoln's legal career. Not only are they instructive about this brilliant lawyer turned politician, they show us the origins of modern practice. The two books are Lawyer Lincoln by Albert Woldman http://www.amazon.com/Lawyer-Lincoln-Albert-Woldman/dp/0786709391 and
Lincoln's Herndon by David Donald http://search.barnesandnoble.com/Lincolns-Herndon/David-Herbert-Donald/e/9780306803536
William Herndon was Lincoln's law partner for many years. Guess what? They had business problems, they had to figure out how to best employ their respective abilities, they had to deal with Lincolns' growing fame and outside commitments and personal challenges. These books are worth reading.
Lincoln-Herndon Law offices are a historic site. http://www.oldstatecapitol.org/office.htm I haven't visited.....yet.
Here are some quotes from Abe Lincoln about law and life...
In law it is a good policy to never plead what you need not, lest you oblige yourself to prove what you can not.--February 20, 1848 Letter to Usher Linder
The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.
Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket.
Let no young man choosing the law for a calling for a moment yield to the popular belief -- resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer.
I used to wonder whether Abe Lincoln was "over-rated", or perhaps had the opportunity to govern during a huge crisis, and made his reputation by successfully navigating the Civil War. Studying his law career, his rise to prominence in the context of his times, is enlightening and inspiring. His top ranking is appropriate.
Gotta stop now.....a Judge Judy re-run is on.
1. Most, if not all, of the Judges were white males. Come to think of it, this was also true of their lawyer colleagues and law school classmates.
2. Most lawyers in small firms (or solos) were general practitioners....they knew how to do many kinds of cases.
3. There were "recommended fees" for various services, set by the Bar Associations. This practice was eventually eliminated, for the benefit of "the public". Sadly, as the ranks of lawyers swelled, the relative fees for "bread and butter" legal services have plummeted. You can say it's competition, and fair market values, but the fact is when you try to do a real estate closing at market rates, you will lose money.....unless you cut corners. Whose interest is that in?
4. There was no advertising. You built your practice by word of mouth.
5. They did their research in libraries.
6. Networking and knowing people were part and parcel of the practice. I was always amazed that one of the first things the older lawyers wanted to know about a new matter was "Who is the other attorney" and "Who is the Judge". If they didn't know the players, they would delve into their pedigree and find out who they knew. After a few years, I realized I do exactly the same.
I wonder if those lawyers who were starting out in the 1930's ever thought about the lawyers in THEIR suites who had 50 years experience. The guys who started in the 1880's. The thing is, some things about lawyering have not, do not, and probably will not change. For great illustrations of this, I highly recommend two books about Abraham Lincoln's legal career. Not only are they instructive about this brilliant lawyer turned politician, they show us the origins of modern practice. The two books are Lawyer Lincoln by Albert Woldman http://www.amazon.com/Lawyer-Lincoln-Albert-Woldman/dp/0786709391 and
Lincoln's Herndon by David Donald http://search.barnesandnoble.com/Lincolns-Herndon/David-Herbert-Donald/e/9780306803536
William Herndon was Lincoln's law partner for many years. Guess what? They had business problems, they had to figure out how to best employ their respective abilities, they had to deal with Lincolns' growing fame and outside commitments and personal challenges. These books are worth reading.
Lincoln-Herndon Law offices are a historic site. http://www.oldstatecapitol.org/office.htm I haven't visited.....yet.
Here are some quotes from Abe Lincoln about law and life...
In law it is a good policy to never plead what you need not, lest you oblige yourself to prove what you can not.--February 20, 1848 Letter to Usher Linder
The leading rule for the lawyer, as for the man of every other calling, is diligence. Leave nothing for to-morrow which can be done to-day
Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser -- in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.
Never stir up litigation. A worse man can scarcely be found than one who does this. Who can be more nearly a fiend than he who habitually overhauls the register of deeds in search of defects in titles, whereon to stir up strife, and put money in his pocket.
Let no young man choosing the law for a calling for a moment yield to the popular belief -- resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer.
I used to wonder whether Abe Lincoln was "over-rated", or perhaps had the opportunity to govern during a huge crisis, and made his reputation by successfully navigating the Civil War. Studying his law career, his rise to prominence in the context of his times, is enlightening and inspiring. His top ranking is appropriate.
Gotta stop now.....a Judge Judy re-run is on.
Monday, January 19, 2009
Lawyering....Back in the Day
Like any older person (hey, 26.5 years as a lawyer makes me older than lots of people) I like to recall the days of old. Quaint times when things were not as they are now. Back in the day, when I opened my law practice in 1982, things were markedly different. Doesn't seem like that long ago? In the context of law practice, consider the following:
1. Nobody had cell phones. We went to phone booths (the Courthouse was full of them), and we carried change.
2. Nobody had their "calendar" or their "contacts" in a device. We had little leather diaries that went in our breast pockets. I recently unearthed my collection of pocket diaries, from 1981 (I was important enough as a pre-lawyer to have a pocket diary) through 1997. When I looked through my old diaries I had the same feeling as when I go to my archives and look at old files, another trip down "bad memory lane".
3. Nobody had a fax machine. We never got things instantly, we never sent things instantly. I think we thought more, but now, who has time to think about such things, with all these faxes coming in. During the first "big" case I ever worked on, my clients insurance company disclaimed coverage, and informed me of this by TELEGRAM.
4. Fedex (and other overnight services) did not exist. For local stuff we used messengers. For far away stuff people....waited.
5. Most offices did have copy machines. However, I did know older lawyers who used carbon paper. I also worked on some files for older lawyers where the copies were from carbon paper.
6. Some offices had primitive computers and word processors. However, electric typewriters, "secretaries who took shorthand" and "typing services" were commonplace.
7. E-mail did not exist. Web surfing did not exist. Facebook did not exist. Fantasy football and baseball did not exist. Online poker did not exist. How did we manage to waste time???
8. In 1982, lawyer advertising was pretty new. I know we are all proud of how lawyer advertising has evolved, improving both our service to people, and our image.
When I started in practice, I was in a suite with some lawyers who had been practicing for over 50 years. I liked to talk to them about THEIR "old days", when they started in practice, in the 1930's.
More on this tomorrow.
1. Nobody had cell phones. We went to phone booths (the Courthouse was full of them), and we carried change.
2. Nobody had their "calendar" or their "contacts" in a device. We had little leather diaries that went in our breast pockets. I recently unearthed my collection of pocket diaries, from 1981 (I was important enough as a pre-lawyer to have a pocket diary) through 1997. When I looked through my old diaries I had the same feeling as when I go to my archives and look at old files, another trip down "bad memory lane".
3. Nobody had a fax machine. We never got things instantly, we never sent things instantly. I think we thought more, but now, who has time to think about such things, with all these faxes coming in. During the first "big" case I ever worked on, my clients insurance company disclaimed coverage, and informed me of this by TELEGRAM.
4. Fedex (and other overnight services) did not exist. For local stuff we used messengers. For far away stuff people....waited.
5. Most offices did have copy machines. However, I did know older lawyers who used carbon paper. I also worked on some files for older lawyers where the copies were from carbon paper.
6. Some offices had primitive computers and word processors. However, electric typewriters, "secretaries who took shorthand" and "typing services" were commonplace.
7. E-mail did not exist. Web surfing did not exist. Facebook did not exist. Fantasy football and baseball did not exist. Online poker did not exist. How did we manage to waste time???
8. In 1982, lawyer advertising was pretty new. I know we are all proud of how lawyer advertising has evolved, improving both our service to people, and our image.
When I started in practice, I was in a suite with some lawyers who had been practicing for over 50 years. I liked to talk to them about THEIR "old days", when they started in practice, in the 1930's.
More on this tomorrow.
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