Sunday, January 30, 2011

Starting a Law Firm Mailbag

I know this isn't the usual Wednesday/Friday installment your used to, but I got a little behind. To make it up to you, this is going to be a super post - I don't know how many words it's going to end up being, but it's going to be big. Hope you're ready for it.

The theme of this post is a mailbag. Don't know if any of you are into sports, but if you are, then I'd hope you'd know about Bill Simmons. He's one of the best sports columnists I've ever read. He incorporates politics, pop culture, and even his own family when he writes. I'm not nearly as talented so I probably won't do any of that, but I will treat this post as a mailbag of sorts - reader questions and comments. So, here we go.

How to Start a Law Firm in a Different City

Ah, a question true to my own heart. This is what I did. Moved about 1,800 miles or so to open my own firm. And though I knew a couple people (literally) I didn't have any ties to the city through school or youth or anything. I was starting with a clean slate.

Here's what I did. First, I decided what I wanted to do - settled on eminent domain and criminal defense. Second, I thought about how I'd get clients in those two practice areas (turns out eminent domain is something you can get a lot of referrals to - not many people do it; and criminal defense is consumer driven). Third, I started putting together my systems for getting clients according to how I'd determined to get clients (eminent domain - meet attorneys in the biz and let them know I was around; criminal defense - internet marketing).

That's what you should do. It's just that easy!

Update on the Book

I've people ask me about this, so I'll just tell you. Yes, I'm going to write it. Yes, it's going to be good. But to be good takes a little bit of planning. If you want to tell me what you'd like to see in the book let me know.

What I'm thinking about right now is a starting a law firm with a slant for the twenty-first century. I've got Foonberg's book, How to Start and Grow a Law Practice (or something like that) and no offense to Foonberg, but three-quarters of it is crap. Not crap like bad writing crap - it's just outdated. And who publishes a book anymore anyway? This is going to be an ebook. From the top of my head, this is what it would look like:
1. Should I Start a Law Firm? Common Hurdles.

2. The Business Plan - Essentials to Starting Off on the Right Foot.

3. The Groundwork - Your Marketing Plan.

4. The Foundation - Executing Your Marketing Plan (or SEO 101).

5. The Nuts and Bolts - Phones, Office, Paperless.

6. Opening Day - 5 Things You Must Have.

7. Oh My God the Phone is Ringing, What do I do?

8. First Year Expectations.

9. Second Year Goal Setting.

10. Hiring Employees - When's the Right Time?

And then a couple of bonus chapters.

11. So You Want to Play Golf Every Day? Making Your Law Firm Work for You.

12. 10 Things You can do to Make Your Law Firm Attractive to a Buyer.
I literally just made those up, so don't ask me any questions about what's going to be in them - I don't yet. Except that I'd imagine it will be a lot of the information that's already here. Stay tuned. I plan on getting to work on this in the next couple of weeks (so maybe a summer release?).

Adsense and Me

When I noticed that people were actually reading this, the internet marketer in me couldn't resist, and I put some adsense ads up here. Every time I actually look at the site the ads I see are pretty ridiculous. I can only imagine what you see. Law firms with bad marketing companies, random stuff, and occasionally a product about starting a law firm.

I've finally come to realize you are much more important than that. I don't really know many of you, but I know where you are and I hope you join me in the future. Because of that, I'm only going to put products up here that I'd actually recommend you use (and that will be happening shortly, because I've got some stuff I recommend.

Now, some of the stuff I'll get paid for if you buy it. That's just the way the world works. But I promise I'll always let you know if there's an agreement with me and the person on the other end of the link. And I'll let you know exactly why I endorse the product and whether or not I've actually used it. If you want to know more about something just comment - I'll respond and that way everyone can know exactly what's going on. Fair?

Update on My Plan for Multiple Sites

I got an email (or a comment, I can't remember) about the status of my plan to roll out websites for all of the cities surrounding my major metropolitan area. So, here's the update.

I should have done this sooner since I made a radical change here. I actually scrapped that plan. It was going to be way too much work for way too little a return. And, I was overlooking a major asset that I'd created that could do the work of all of those little sites by itself - my DUI website.

I don't know if I've told any of you this, but my website ranks nationally for DUI searches. Yep, if you are in Boston right now, or Minnesota, or Iowa, and you search DUI attorney, there's a pretty good chance my site's going to pop up on the first page (and I'll guarantee you it's on the first two pages). Yep, I know, you can find out who I am if you want (I guess the like button on the sidebar isn't enough - I'm an idiot!!). I'll give you a hint. Mine is the only site that isn't anywhere near any of those locations.

Because this site is so strong, all I have to do is have the other cities listed on the site, throw some links to my site with those keywords, and I'll immediately start getting picked up in those cities. Pretty crazy, right? So that's the new plan. I'm tackling one city at a time (the links will continue to grow and gain more power over time, so when I get to spot one for a city it should stick for a while).

I just realized it's probably important to update stuff from time to time. Why don't we do a quarterly review of my goals and where I'm at? Book it.

The Job Market and New Attorneys

This is a bit of a sticky situation. I don't really want to tell you what I think about this because anything I say will be completely anecdotal and based on what I think the future of law practice is. But I think it goes without saying the market is tight (and that might be the understatement of the night).

There are really two things I guess I want to say to new attorneys out there that are thinking about opening a law firm right out of law school (three - the third being it can be done and you can be extremely successful). But they each deserve their own paragraph.

First, if you're going to do it you've got to commit. What I mean by that is I know there are people out there that don't really want to do this. They can't find a job, they are freaking out, bills are piling up, and opening a law firm starts to look like a pretty good option. And maybe it is a good option for you. But you decide you are going to open your own shop you've got to commit to yourself that you are going to whatever it takes to be successful.

Thing is, I know that some of you don't have it in you. Yeah, I know, that hurts. But it's true. We weren't all born to be bosses, to be self-starters. Some of us enjoy the security that comes with working for someone else. If you're that someone, just keep looking for a job. You'll find something (the first one is always the hardest to get). Just hide the desperation when you interview - they can smell it (that's a joke, sort of, they know you're all desperate!).

Second, now that you've committed you've got to come to grips with something - you are going to be freaked out for at least a couple of years. You are going to be afraid of several things. First, you're going to be afraid that you are going to mess someone's case up beyond all recognition and you're going to go down in flames. And, I don't mean to make you more afraid, but that's a legitimate fear.

You're also going to be afraid that you are going to go broke, fail as an attorney and a business attorney, and wind up flipping burgers at McDonald's (and there's nothing wrong with this, it's just going to feel like a step down). And again, that's a legitimate fear. I can promise you there are a lot of attorneys out there that opened their own shop years ago and they are just getting by. And that could be you.

Fired up yet to hang your own shingle?! :)

But here's the great thing about fear. Channeled the right way, it can pay huge dividends. Let's take the fear of messing up someone's case. The easiest way to mess up is to try to do something you don't know how to do. So, let that fear push you into learning the areas you want to practice in (that's also why it's important to pick one or two and go with them). Since the day I've opened I've done two kinds of cases - criminal and eminent domain. If anyone ever calls me about something else, I send them to someone that knows that area of law.

To learn the ropes, there are several things you can do. First, if you are still in law school, go volunteer at someone's firm. Yep, I said volunteer. It's got to be volunteer work for one specific reason - you are there less to do work and more to learn. While you will be doing the legal research and stuff that's required, you'll also negotiate an hour a week to just talk about the practice - learn the ins and outs that aren't in the statutes and cases. And, whenever there's something going on (client meeting, strategy session, court) you get to be there. You don't get to talk, but you get to be there.

And, I think it goes without saying, pick up all the practice guides you can get.

Second, and finally on this topic, the fear of the business failing. First, you're going to be less afraid of this (at least at times) because you are going to have a plan and you are going to execute it. You are going to acknowledge early that free work is not the kind of work you want to do and instead of caving to that person that "can't afford" your fee, you are going to market the shit out of your practice. You are going to do things you think might work but are cheap and get your name out there (see my old posts about the flea market and fraternity presentations). Bottom line, you're going to hustle and get some work.

When you start to think about the money you are going to make in the first six months, just automatically cut it in half. It's going to be slow at the beginning. Accept that. Don't let that fear make you act irrationally. Allow it to push you to work harder.

Okay, the Last Thing for All New Graduates Out There

Law school is good for a couple of things. It's great for keeping old law professors feeling great about themselves, and it's great for creating some of the most pessimistic people out there. From day one we are taught to do pretty much one thing - fix problems or foresee potential problems. Over three years of law school you see a lot of big problems and diagnose a lot of potential problems.

That's what lawyers do, so it's an important part of your education. But it's not always great for the business side of owning a law firm.

By the way, here comes the motivational portion of this post, so prepare yourself for it.

If you want to be successful at this, you're going to have to stop worst case scenarioing everything. Yes, I said scenarioing - it's a word I just made up. Do you know what I mean by that?

For example, it's easy to think about the phone not ringing, you going bankrupt, and living in a van down by the river for the rest of your life. That certainly wouldn't be a fun experience. It's easy to think about messing up someone's case. It's easy to think about all of the reasons your marketing plan won't work. It's easy to think about all of the ways that this thing could fail. But at some point you're going to have to take the leap and dive in head first.

This can be done. It isn't easy. There are a million reasons and ways you could fail. But if you're successful you'll likely have made the best decision of your life. And if it doesn't work out, you'll be a better person and a better lawyer for it.

You can control your own future. You can practice the kind of law that you want to practice. You can practice law the way you want to. And, at the end of the day you get to put all the money you make from your hard work in your pocket.

If you've made it here, congratulations. Let me know what you think about what I've said. Comments are always welcome.

On Contentment


Be mindful of what you read. I often feel dissatisfied with my own life when I read glossy magazines, ‘show-off’ blogs and peruse luxury brand websites.

And it’s not their fault, the magazines are just trying to make money by showing glamorous people and promoting purchasing, as are luxury websites.

When I choose to read mostly that which aligns with my values and the direction in which I want to steer my life I feel so happy and content that I can’t imagine wanting more.

What inspires and motivates us is different for everyone, but for me I find that words rather than pictures give me a sense of what I can do. I enjoy beautiful visuals, but they often leave me thinking ‘I’m not that thin so the outfit won’t look like that’ or ‘we don’t live in a home with antique wooden doors and a picturesque set of French doors leading to the balcony’. Beautiful to look at, not so good for being content.

Words on the other hand, conjure up ideas in my head. And then when those ideas come to fruition, whether it’s a makeup style, outfit or way to arrange the living room, I’m not comparing it to someone else’s perfectly styled ideal.

For many years, since I first started clicking onto the internet I’ve collected snippets which have been pasted into various word documents. Sometimes it might be a whole article, maybe a paragraph or even a single sentence. Out of everything I have to read when at home (many favourite books and magazines), I think these printed-out ‘personalised books’ (housed in clearfiles) are my number one.

When I read them, I am reminded of my happiness with a simple life.

Saturday, January 29, 2011

How to Work with the Four Levels of Transition in a Book: Smoothing the Reader's Ride

Successful transitions allow a reader to move through your book, from beginning to end, without getting frustrated or bored.  Or taking two steps back to reread something that wasn't clear.  But transitions are the last thing we think about when we're creating our books.  It's only when we read the manuscript at draft that we discover awkwardness, sections that jump around, or are too fast or slow.

How does a writer craft good transitions?
How do we bridge  from then and elsewhere, to here and now, manipulating the move from past to present?

Because these little bridges connect one idea and the next in a way that a reader can follow without any stumbles, I wanted to spend this week's discussion on the four levels of transitions.  The goal is to make it easy on the reader, always.  It's a horrible thought that a reader would grow bored and frustrated with your writing, enough to put it down.

Carefully considered transitions avoid any confusion.

The Four Levels of Transitions
In most books, transitions exist on four levels.  We need to honor the sequence of how we approach them, as we're planning, writing, and developing our books.

The first and most important level of transitions is addressed during the planning stage of a book--when you are writing the "islands" or scenes, then storyboarding them into a logical sequence for a reader.  If you don't create strong transitions between the large elements in your story, such as how someone gets from here to there, the reader will probably put down the book.  People like being intrigued.  But they hate being confused.

So how are you structuring your overall movement of your book's plot/theory/idea/journey?  How will your journey move from the opening chapter's quest or question to the ending chapter's resolution or next step?

If you're at this stage, pre-first draft, and you'd like more information on how to manage it, go to the Search box at the top right corner of this page and type in "storyboard."  You'll get a lot of past posts where I discuss the structuring process, the big picture, and its necessary transitions. 

Level Two:  Chapters
The second level of transitions in a book is the smaller movement that takes place between one chapter's ending and the next chapter's beginning.  I loved the insights I gained on this during my M.F.A. program.  One of my advisers asked me if I wanted to finish each chapter with a sense of closure or did I want the reader to keep reading into the next chapter, unable to put my book down.  Well, that was a no brainer.  Of course I wanted a page turner.  She suggested, then, that I break my habit of closure.  Don't wind up everything at the end of a chapter.  Leave a hook, an unfinished situation, a new dilemma.

Being a 12-year veteran of writing weekly newspaper columns, this was kinda hard for me.  So I did it very slowly, like untangling a skein of yarn.  I worked through my manuscript and untied the beautiful knots I'd created.  And, lo and behold, it made a huge difference.

I still have the emails and letters from readers:  "I stayed up all night reading your book."   

Level Three:  Paragraphs
So you've got your chapters flowing pretty nicely.  The overall book is working.  Then comes the moment when you get a nudge to look at the smaller parts within each chapter.  Are they even connected?  As one reader from Minnesota wrote me recently:  "I have been making a steady progress with my memoir, and realizing now that I am in desperate need of good paragraph transitions."

Well-crafted paragraph transitions create a seamless ride.  Simply, you look at the last sentence of the paragraph and the first sentence of the following one and ask yourself, What image carries?  If there is no strong transition, create a carrying-through of image.  As easy as inserting one or two words to make it smooth, as in the example below ("But summer passed" and "still" make the transition):

End of paragraph 1:  "John knew he'd have to make some changes by the end of the summer."
Beginning of paragraph 2:  "But summer passed, and he was still standing behind the cash register at the hardware store."

This transition works on a fairly obvious, outer level--marking time passing.  Not only that but this transition repeats the word summer.  So it creates a bridge for the reader on two levels, both very accessible.  I like making these kinds of edits in my writing when I am first working on the paragraph transitions.  I look at each paragraph in a chapter, especially one where a lot happens or we move around in time and space, and I insert this kind of obvious transition.  Then, after I feel the movement is quite easy to follow, I'll go back and remove some.  Make things more subtext, less obvious.

Level Four:  Language
The final arena of transitions in a book relies on image, or language.  This is the most subtle work a writer does, but often the most fun too.

Your images create a immense undercurrent in your book.  They aren't something to play with too much early on, but later, at revision, you can develop them to weave more closely with your book's "inner story," or meaning.  They are subtext, the undercurrent that we sense rather than the outer river we see.

I revel in these when I read literature where the writer has paid close attention to language transitions.  Recently I finished Colum McCann's Let the Great World Spin, and the image of the tightrope-walker threads through all the lives of the characters, but not just outwardly as they marvel at his feat.  Also, inwardly, because each of these people is walking an intense tightrope in their own lives.

Study this in your favorite books.  Note how the writer weaves a recurring image, or how the language feels like a unified painting no matter where we are in the story.  Because this level of transition work only happens when there is coherence in the type of language, or voice, or style of writing chosen for the book as a whole.  You must be using a similar voice (type of words--academic, playful, lyrical?) throughout to be able to use this subtler level of transitions and be successful.  The reader can follow you if the language carries it.


How does a writer work with this in her own book?  First, locate one strong image that could recur in many forms.  A bowl of oranges in the center of a kitchen table on the day of a funeral, for instance.  Maybe time passes, and the image repeats as the orange of a sari at a secret meeting.  What images repeat in your writing, that you could play with?   

This Week's Writing Exercise1.  Print out a chapter or a section and read it out loud, loud enough to be able to hear your own voice reading the words.  This is key; it brings a level of detachment that moves you from the writer's to the reader's viewpoint.

2.  With a yellow highlighter, mark any place where the transitions feel awkward.

3.  Ask yourself at what level the transition needs work:  on the larger structuring level?  on the chapter to chapter transition?  on the paragraph or word level?

4.  See what you can do to smooth out the bumpy ride.

Thursday, January 27, 2011

Base your plot on unsupported assertions


‘I don’t understand,’ I said, a leaden feeling spreading from my stomach and into my limbs. ‘What did I do wrong?’
‘No,’ said Father Eschaton, ‘you do not understand.’ Light from the highest windows of the temple bathed him in gold. ‘When you destroyed The Machine, you upset the delicate balance of good and evil in the world.’
‘But...’ I frowned. ‘But The Machine was evil, wasn’t it? It fed on people’s souls.’ He nodded gravely.
‘It was evil,’ he said. ‘But it was precisely evil enough. Now there is a dangerous imbalance in the forces of the universe.’
‘Hang on,’ I said. ‘Hang on a minute. Surely we’re in favour of good and opposed to evil. I really don’t see what I’ve done wrong here.’ Father Eschaton hesitated for a moment.
‘There is a balance...’ he began.
‘Why?’ I said. He shifted uncomfortably.
‘Sorry?’
‘Why? Why is there a balance? Why not just have everything good and nothing evil? What’s actually wrong with that?’
‘I...’ He licked his lips and squinted. The golden light seemed to be bothering him. ‘The balance is beyond human understanding, beyond the mere...’
‘You don’t know, do you?’ I let the question hang. ‘You were going to send me back into that volcano, to almost certain death, and you’ve absolutely no idea why.’ He shrugged and mumbled something. ‘What?’ I said. ‘Speak up.’
‘Sorry,’ he mumbled. ‘I just thought...’
‘What? You just thought what?’
‘I just thought...’ He poked at the dust near his foot. ‘Just thought it’d be interesting.’

Wednesday, January 26, 2011

Marketing a Law Firm | I Need Your Help Now

The day has finally arrived. I am requesting all of the readers' help on something I'm actually already in the process of doing, but would love to have some feedback on. I want you to be completely honest, and try to put your business/potential client hat on for this one. I don't really care what other attorneys in the area will think, and I'm certain they will think it's borderline tacky. Here we go.

As I think you all know, I'm a DUI lawyer. That poses some specific disadvantages when it comes to marketing my law firm. One disadvantage is that every person out there that can afford my services is a potential client, yet they are not a potential client until they actually need my services. Another disadvantage is the market is flooded with people calling themselves DUI attorneys. For the layperson it is often difficult to decide who to pick to represent them.

So, I've decided to differentiate myself from the pack by forming an identity for both myself and my firm. I do, however, want to give credit where credit is due, so I want to thank this Tulsa estate planning lawyer for contacting me with some suggestions for my own practice and this Tulsa DUI lawyer for providing me with the idea (which I borrowed from him - he doesn't need it where I am anyway). The links I've just provided are extremely valuable, so I hope they like them!

The Tulsa DUI lawyer I'm referring to markets himself as "The Tulsa DUI Guy." Now, I know what you're thinking, a little cheesy, right? But it is exactly the kind of thing I am looking for for my practice and the precise thing you should be looking for for yours. And here's why.

First, it is easy to remember. It rhymes for goodness sake. That means when people see or hear of it it will stick in the brains and they can recall it if they ever need a DUI lawyer. Also, when someone asks for a reference, yours is readily available ("call the Tulsa DUI guy, I've heard he's really good).

Second, it separates you from everyone else. In today's day and age, everyone has the ability to market and brand themselves in any way they want - that's the magic of the internet. But with this people will instantly know who you are and what you do, and done the right way it can put you out in front of people's minds without them even realizing it.

Third, and finally, it allows you to build a cohesive brand across all avenues of advertising. When you have advertising materials, a catch phrase like this eliminates the need for explanation. People immediately know who you are and what you do. And whether they see it on the internet or a billboard, the dots can immediately be connected.

So I've decided to call myself The (my location) DUI Guy. I think it will do a great job of accomplishing the three things I just discussed. What do you think?

And, by the way, if you want to comment that you already know where I am and who I am so I should just spit it out, I'm not worried about you finding out who I am. I want this blog to continue to be an avenue for attorneys to talk about the business side of law without having to worry about what other people are thinking (i.e. potential clients). It's kind of like for me, I know when people are selling to me, but the process is a lot more enjoyable if they don't walk me through their rationale for everything they do. If we all need one thing in our practice, it's a better understanding of how to create and run a successful business.

So, please comment and let me know what you think. And, like I told my wife - who isn't completely sold on the idea yet :) - I'm always open to suggestions.

Looking forward to hearing from you!

Tuesday, January 25, 2011

A Place of Order and Beauty


Today I had a productive day at home. On my day off I mostly choose not to drop my husband into work so I don’t have to pick him up again. I am then free to focus completely on being at home, whether it is cleaning, pottering, decluttering and tidying or crafting, reading and relaxing.

I did my usual homemaking tasks such as vacuuming the carpet, hand-mopping the hard floors (we have three small areas), running and emptying the dishwasher, dusting, laundry, making the bed and preparing dinner.

I also like to concentrate on one additional area in depth. Today it was the kitchen. I have additional kitchen items like the slowcooker and sandwich press in our tiny home office, because they don’t fit in the kitchen cupboards and I don’t want them out on the bench.

I was playing Anthea Turner’s Perfect Housewife dvd non-stop in the background. Anthea would never stand for that, I thought. So I emptied out our kitchen cupboards (it didn’t take long, we have a tiny kitchen), wiped and dried the shelves and then put most things back, including, wonder of wonders, the slowcooker and sandwich press. Of course they fitted, with room to spare.

Inspired, I also did the pantry, tidying it as I put things back after cleaning the shelves. I found food I thought we had run out of (including three packs of long pasta when I didn’t think we had one). And our pantry isn’t that big. It showed me that you really have to do these things on a regular basis.

If you haven’t viewed Anthea Turner’s programme you’re in for a treat. She lives in a beautiful Surrey mansion (well, before the credit crunch in England, she had to move to a smaller mansion afterwards) and takes homemaking to an art form. I picked up plenty of tips as I watched (or should I say re-watched for the 60th time).

Something I really like that she said was to treat the running of your home like a small business, ‘because it is your business’. She also said the running of the home was not dissimilar to the running of a boutique hotel.

I listened to some podcasts of Anthea while I was working too (had to pause the dvd for those).

And here are Anthea’s top 10 tips from the same website.

1. You can’t run a home that’s a mess, so first of all you have to de-clutter it. If it’s not beautiful, useful or seriously sentimental - IT GOES. Charity shop or bin (you decide what’s best).

2. There’s no getting away from it, you have to clean - often and frequent is my tip.

3. When cleaning always start by dusting first, once everything’s cleaned down then hoover and wipe floors.

4. Make your house a home. Consider your house from an aesthetic point of view, does it make you feel good. If not what can you add to it to make it more appealing.

5. Run your home like a business and treat it with the same seriousness. Think about how you could run your home more efficiently, certain days for food shopping, budgets etc.

6. Storage is very important, for instance - don’t have winter coats on the coat rack during summer, store them away, think about shrink wrapping them if necessary.

7. Teamwork is also really important, when your children get to a certain age they can help with household chores, putting dirty washing away, cleaning and tidying away their toys etc.

8. Avoid Wastage. If you cut up a lemon and have a dishwasher put the left over half into the dishwasher. It adds a little ting and sparkle in your wash.

9. Get organised. Purchase a diary you can pin on your kitchen wall and put every event and birthday into this diary.

10. Finances, keep them up to date - if you have bills to pay keep everything in one place or buy a folder to keep them in.

I also decluttered quite a few items – I went through my candle cupboard. We burn them every night so get through a fair few, but having consolidated my candle collection I won’t need to purchase any for quite a while. I decluttered about half of my candle holders.

When I buy or are given a scented candle, often the glass is really pretty too. After the candle is used I put them in the freezer to shrink the last bit of wax and pop that out, then put the glass into the dishwasher. Apart from putting tealights or new candles in them, I use them in the bathroom drawer for cotton makeup squares, my towelling headband etc, and in my makeup area for brushes, pencils, mascara and tweezers (which are hung on the side to protect the point).

Still, I had a lot more than I wanted. So I chose my favourites and donated the rest.

A few more items went in the Red Cross Shop pile – decorative items that while are quite pretty, I just don’t use. An example is the cream coloured semi-precious agate stone (the shape and size of a chicken egg) on a small brass stand. Every time I see it I am reminded of the woman I used to work with who gave it to me. She was mostly quite nasty and condescending, and out of the blue she gave this to me as a gift. I don’t really want to be reminded of her.

Another good thing about my day of homemaking – it’s a good workout. I feel really nicely tired/relaxed. Anthea thinks so too - ‘You don’t need to go to the gym, just put on a pinny’.

Saturday, January 22, 2011

Finding Creative Balance: Making Room for Your Writing in Your Life

Years ago, I gave up on New Year's resolutions.   Lots of people promised themselves the moon, but everything fell back into stasis by February.  Me too, back then.  I couldn't ever figure out how to make real, lasting transitions from what I was to what I wanted to become.

But I am still attracted to the possibility of change, especially in my creative life.  So I love
this time of year because it feels like I am giving myself permission to ask the big questions:  What do I want for my life and my writing in 2011?  How am I going to realistically transition between where I was last year and where I want to be?  Do I really, deep down, want to make changes--because I know that changes will require giving up something I have now.

I am teaching a wonderful group of book writers each week at Southern NH University during January and February.  Last class I posed this question:  What are you willing to let go of, in order to make room for your book?

The writers are at different stages in the book-writing journey.  Some are working on gathering material, still crafting "islands" of writing and not yet composing any continents out of them.  Others have a manuscript draft, or part of one, maybe 40,000 words or even 80,000.  But in the discussion last week, I learned that they've come to my class to get more than skills.  They want to make changes in how they approach their writing life, because they realize that's the only way to manifest a book.

A book is a marriage, as opposed to a one-night stand.  You're in it for a longer haul.  You need to make it something that has real room in your life.  You need to consider adjustments in your schedule when you take on a book, think about what you want to change in your writing rhythm based on what you want to produce on the page.

Last week I posted a chart I use in my workshops and online book classes, which helps a writer consider how to make these changes.  (Scroll down to last week's post to see more.)  When looking at the process of writing a book, some big resolutions emerge.  Here are a few from my students in past classes:

I want to go from stuck to unstuck, have less fear and Inner Critic talk
I want to begin making writing a priority in my life
I am emptied out; I need to somehow fill up the well of creativity in myself

Letting Go of the Old to Make Room for the New 
Two weeks ago, I talked about rhythm and community as two essentials in a writer's life.  Both are needed to make this kind of transition--a new way of approaching your writing life now that you've got a book cooking.  The rhythm is the first thing to consider.  It requires knowing when and where you write most easily.  But it also requires letting go of something you're doing now, that doesn't pay off as much as your book will.

Maybe you're like me--you've begun countless exercise programs that didn't stick.  I've joined gyms.  I've bought rebounders.  I've spent a lot of money on great equipment.  The only consistency I've gotten is to first figure out what I could give up to make time for exercising.  Whenever I did that, made sacred time and space in my schedule and allowed something else to fall away, I am able to stick to--and enjoy--daily exercise.

Same with writing rhythm.  It doesn't work, in my experience, to expect ourselves to make some magic leap to a new rhythm without first letting go of something that no longer serves our creativity.  So this week's exercise asks you to look at this question.

So you can promise yourself the moon, but also set up a plan to get there.
  
This Week's Writing Exercise
1.  Imagine your ideal writing time.  Would it be early morning or late at night?  Where would you write?  At home, in a cafe, at the library?

2.  Now look at an average day.  Where is there something you could give up to make time for this writing session?  You only have to find one this week.

3.  Finally do a 20-minute freewrite, and make notes about the benefits of what you're giving up.  What does it contribute to your life right now that you'd lose?  What would your writing contribute to your life that you're not getting at the moment?

Friday, January 21, 2011

Low-Stress Secrets


I read a great article in the December 2010 Australian Women’s Weekly. ‘Real-life secrets of low-stress women had the following tips, which I really found helpful. The bolded titles are from the article, and I have mostly paraphrased the information as well as adding my own thoughts.

Think friendly. Listen to your thoughts. Are they often negative? Do you speak to yourself in a way you wouldn’t speak to a friend? I think negative thinking can be a habit we fall into, so when I catch myself I find it useful to think the positive opposite and I instantly start going in the right direction again.

Worry daily. Rather than spend all day (and night) worrying, write the worries down, and make a note of any action that could be taken. I find I do a less chic version of this. I stew and stew and let things get on top of me. Then I have a mini-breakdown and burden my husband with my woes. He makes sensible suggestions on how I can fit everything into my schedule (and never says unhelpful comments such as ‘don’t read blogs at work’), we make a plan and I’m happy again. Perhaps I could follow this advice, write my worries down and save him the stress.

Be grateful. Whatever you put your attention on expands and grows in your life. I’ve done the gratitude journal thing on and off for years since I first heard of it. I felt like a bit of a winner writing it down and thought imagine if someone read my lame writings, but I often say thank you to the Universe for lovely things or good luck. I also often think how lucky I am to have all that I do.

Eat chocolate. Dark chocolate is good for you. I know this because I can have it in the house without eating the entire block at once. That always means things are good for you. Popcorn, icecream, jubes and milk chocolate are not good for me. I can only eat 1-2 squares of dark chocolate a day, which I cannot say for popcorn, icecream, jubes and milk chocolate. Therefore dark chocolate lives at my place while those others do not.

Take up yoga. I’ve already done this! I joined a class in the middle of last year. I started off going once a week and a few months in I upped it to twice a week. I had a break over Christmas of almost a month because the teacher was on holiday and I really missed it. I started back this week and I feel so good both during and after the class. I’m excited about an exercise that I enjoy and can see myself doing for the rest of my life. The magazine article said along with the facts that we know, like yoga increasing flexibility and toning muscles whilst calming the mind, is that yoga increases GABA, a brain substance which is often low in those who suffer from stress and anxiety.

Be honest. For most people lying is stressful, which is why lie detectors generally work. I heard a really cool quote recently that said ‘sunshine is the best disinfectant’ which I took to mean be honest, don’t hide anything, and you’ll feel better, healthier, happier. If you’re worrying about what to say, just tell the truth.

Fall in love. The article stated that being married or in a long-term relationship alters hormones in a way that eases stress. I’m not sure that this belongs in my ideal list of low-stress secrets. Of course being in the right relationship is going to make you happier. But if you’re with someone that isn’t right, that can be worse than being single. And if you’re single, you might feel you’re missing out on a low-stress secret, when it’s simply out of your control for now. You can work on yourself and be open and approachable, but it’s not up to you when you meet your most excellent match. The Universe decides that. Let’s kick this tip out of the list, it’s too stressful. Let’s go with things we can control.

Say hello to nature. This I agree with a lot. Years ago I replaced the gym with walking. I loved being outside amongst nature (even in town there are trees and gardens) more than I loved standing on carpet within walls, close to other people with loud bass music. Also, since adopting Atlas the elderly poodle, either my husband or I take five minutes every couple of hours to take a brief stroll along the grass verge. Little doses of vitamin D throughout the day! We also go for short-ish walks most days (about twenty minutes) to stretch his legs. Yesterday morning we had half an hour before we had to open the shop. Sometimes we go to a nearby cafe for a coffee (a real treat we do maybe once a week) but yesterday we walked through a nearby park. It was a lovely way to start the day.

Ask for help. Women have a tendency to try and shoulder the entire load and many of us are reluctant to ask for help. The article suggests we pick an area of our life where we could use the most help, ask the person or people we would like a helping hand from, and leave them to it. Mistakes will be made but that’s part of handing over. Whenever I get the offer of help from my man and I’m tempted to say ‘no that’s ok I’ll do it’ I try and remember to say ‘thank you’ instead.

Eat foods rich in magnesium. I was told years ago that magnesium relaxes your muscles and helps you feel less tense. Naturally I went out and bought a magnesium supplement, which is fine, but you can also eat foods such as pumpkin seeds, brazil nuts, almonds and cashews as well as green vegetables. Another way to get it is take a bath with a handful of Epsom salts dissolved in it. Adding a few drops of lavender oil is recommended too. I’m not a fan of baths, but I do love nuts. I’ll just have to remind myself to have them raw. Roasted and salted doesn’t do their nutrition content any favours.

I would add to this list:

Be organised. Working on being more organised in my daily life and dealing with annoyances of my own making (such as leaving mending undone or ignoring a clutter hotspot) has made me feel infinitely happy, calm, serene and in control. Instead of walking past something twenty times before putting it away, I try and do it immediately. I’m also working on decluttering, creating good daily routines and home organisation. If I can find a place for everything and remember to put everything in its place, I will be one happy person.

Go to bed earlier. Only good things can come from this. I’m out of the habit of early nights at the moment and the times when I force myself to shut down the computer and wind down with a book before turning the light off nice and early I feel amazing the next day. My goal is for early nights to be the norm rather than the exception.

Breathe. Do you forget to breathe? I do. I find myself not exactly holding my breath, but I'm holding onto something. To lower stress, let your breath flow in... and out. And when you breathe, your stomach should expand not your chest. I think as females we are so used to holding our stomach in that we train ourselves to breathe in a counter-productive way.

Live within your means. 'Annual income twenty pounds, annual expenditure nineteen six, result happiness. Annual income twenty pounds, annual expenditure twenty pound ought and six, result misery'. - Charles Dickens. I know first-hand how horrible it feels to spend more than you have and then dread the credit card statement. It is such a good feeling to know you have money in the bank to cover your bills, plus an emergency fund of X months of living expenses.

==

What is your favourite low-stress lifestyle secret?

Starting a Law Firm | Hourly Billing or Flat Fees?

I'm happy to say that I have something to read about because of reader comments! Thanks and keep them coming.

Today's discussion is about billing. Hourly versus flat. I don't know if I've talked about it specifically here before, but I feel like I've mentioned it in a post before. Doing a post only about billing though should make it easier to find in the future.

Here was the reader's comment:
I think that one solution, or at least partial solution, to the "unable to pay" client question is charging flat fees rather than hourly rates. I'm not sure if you've posted a topic on the subject in here yet (I'm reading through everything for the 2nd time now), but it's something I'd like to see a discussion about.

I'm looking at doing immigration law when I open up my own firm, and the first comment I invariably get from people is "Oh, so you're not planning on getting paid?" Well, I am planning on getting paid, but it's going to be a reasonable flat fee for my services rather than a huge retainer or hourly billing.
Before I even get started though, let me tell all of you out there that are thinking about starting a law firm something - there are a lot of people out there that can come up with a lot of possibilities for why you might not be successful at this. And everyone is going to tell you what they've come up with.

When this happens you have two options, believe them, listen to them, and worry about it until you make it happen (the self-fulfilling prophesy) or nod your head and remember all of the planning you've done to prevent the things they talk about.

"What if no one hires you?"

"Oh, so you're not planning on getting paid?"

My response, and pardon my french, is "what the fuck do you know about starting or running a successful business? Oh nothing? Thanks for the encouragement." (That's not literally my response but might be what I'm thinking)

If people have legitimate concerns, things that sound like questions you should answer (and quite honestly, things that we talk about here), then listen. But when people start talking about "what ifs" it's time to tune them out.

When people tell me they are starting a law firm I always ask them a few questions to see how serious they are about it? Have you thought about what your practice areas is going to be? Have you thought of a marketing plan? Have you thought about what you are going to do when someone wants to hire you (the process of it)? If you can answer those questions, and they make sense, then I'm all for it.

Okay, back to the topic, hourly fees versus flat fees.

In my mind this is a no brainer no matter what field you are in. Flat fees win every time. They win for you and for the client. And I'll tell you why.

Before we get too far, let's clarify what each is. An hourly fee is a fee that is charged per your hour of work. The more hours you work, the more you get paid. The flat fee is earned upon receipt. They pay you and it goes right into your bank account. That fee is typically the only fee earned for representing someone in that matter.

Here's why I like flat fees versus hourly fees.

Your Time is More Valuable than That

I enjoy working, believe it or not. But I also enjoy playing golf. I also enjoy sports, a lot. And from time to time I like to have a beer, sometimes even in the middle of the day.

But I can't enjoy my round of golf or my beer in the middle of a Wednesday if all I'm thinking about is how this is directly cutting into my bottom line. An hour lost under an hourly billing concept is literally money out of your pocket.

My time is extremely valuable to me. And I don't ever want to be a slave to the clock. I've billed by the hour before and it isn't fun tracking your life in six minute increments.

Your Job is to Solve Problems, Not Create Them

I don't care what anyone says, when you work under an hourly billing method, the temptation to create problems or make mountains out of molehills is always lurking. And the reason is obvious. How about an example.

Let's say a guy comes into your office and says "I've got a problem that could potentially cost me $100,000. I'm being sued right now. Can you help me?" You sign him up and start looking at the case and immediately recognize a solution that could save him the whole amount. All it takes is a one page letter.

If you are billing hourly do you write the letter and charge him $100 bucks? "Of course you do!" everyone is saying right now. But, if you're billing hourly do you investigate every other avenue to make sure you aren't missing any other defenses just in case the other side balks at what you have to say?

If you are billing at a flat fee rate you write the letter, collect your $5000 (the amount you charge for pre-filing work) and move on to the next matter.

You may think this is impossible, but when you start thinking about the value that you can provide not on an hourly basis but on a project basis, you'll be surprised at how much more money you can make. And your clients will be happier because you're both on the same page. Which brings me to point number 3:

Your Clients Will Trust You More and Value Your Service More

You ever take your car to the mechanic? What happens when you get that bill and it shows how long it took to do the job? When that happens to me I am automatically skeptical. It's human nature to be that way because you have to put your complete trust in the person that they were honest with you about their time.

Same goes with your clients. And, it's say to say, but people are generally skeptical of attorneys - they are groomed to be that way.

But, if you charge a flat fee, they know what they are paying for. They understand the value they are getting and they are comforted to know there aren't any surprises. And you can tell them what you've done without having to justify the time it took to do it.

You Can Apply Flat Fees to Any Area of the Law

Flat fees aren't just for immigration law or criminal defense. You can use them in any area of practice. The key is to make sure you define the scope of work, define client expectations, and remember what it is you are there to do.

Let's take our example from above. In that case your flat fee agreement might be something like $5000 for any pre-litigation work (responding to the demand letter, trying to resole the case, etc.); $10,000 for any everything through written discovery (answering complaint and interrogatories, requests for production); $10,000 for depositions; and $5,000 for a summary judgment motion; and $10,000 for trial. And, and here's the kicker so long as it's not family law or criminal defense, you can negotiate a bonus based on the amount of money you save him, say, 10% or something of the amount saved.

In our example, your letter that makes the matter go away gets you $15,000. $5000 for the pre-litigation work and $10,000 for saving him from paying $100,000 in the suit.

It Works

I don't know what it is with attorneys, but we always like to just shoot down ideas for no particular reason. I'm picturing a lot of you out there right now shaking your head saying "this will never work with my clients because...." Just do me one favor - TRY IT.

If you try and they balk, fine. But then try it with the next guy. And don't do it half-assed. Show them why it's better for them. Let them know the advantages. Work it into your initial client meeting sales pitch (and if you don't have one of these, make one). You'll not only start making more money but you'll be able to spend your time solving your clients problems, and, when you want, spending your time doing what you want.

Specific Help for the Commenter

You ask a question, you get personal help. That's just how this thing works. Here it is.

For immigration attorneys I think flat fees are a no brainer. And they must be up front flat fees - no payment plans. And here's why.

First, if you lose, your client is likely leaving the country. Not only will you not be able to get any money from them but you might not even be able to find them again.

Second, your clients are already pre-conditioned to paying up front. They expect it and are willing to do it, if you don't let them talk you out of it. It doesn't take much to point out to them why you charge a flat fee - and the value proposition makes sense to them (they don't pay for time, they pay for results).

And finally, they typically have some money laying around or have the means to pool it quickly. Facts are facts. Illegal immigrants are liquid. They typically don't have bank accounts, don't live fancy lives, and don't own expensive stuff. They save their money to send back home or for a rainy day. You are the umbrella they buy when it rains.

If you do good work as an immigration attorney you can make a ton of money. People talk, and giving good service to one person typically results in two or three more calling for help. Just remember to get paid up front.

One Final Story About Value

I know I've told this little story somewhere before, but it usually does a good job of getting the message across to clients who are worried about paying you a big fee, you fixing their case fast, and they are left feeling like they got cheated. I'm sure I'm going to butcher it, but you'll get the point (actually after writing this I went out and found it, so this is it exactly.
Pablo Picasso was sketching in a park one day when a woman strolling past recognized him: "You're Pablo Picasso aren't you?" she asked. He replied that he was. "You're my favorite artist!" she exclaimed. "Would you please sketch my portrait?"

After studying her for a minute, he closed his eyes and thought for a second, opened them and drew three lines on the paper.

He passed the paper to the woman who looked at it for a moment, and she gushed "It's perfect! You've captured exactly who I am! I must buy the sketch Mr. Picasso. What do I owe you for it?"

"Five thousand pounds."

"What!?" she blurted. "How could you ask for so much. It only took you a few seconds."

"No madame," Picasso calmly replied, "it took me my entire life."
Not only is this a final story about value, it's also the final reason you should use flat fee billing. Clients aren't paying you to reinvent the wheel. They are paying you to solve a problem. As an hourly biller, wouldn't you feel like shit if someone came in with a problem that was very similar to one you just fixed, and though the problem is huge for the client you could only bill them a fraction of the value provided because it only took you a fraction of the time to solve (because all of the paperwork and research was already done).

How great would it feel to tell the person, "I've handled cases like this before and can do it for X dollars." When they hire you you can actually use the work done in the past to benefit both the client (resolving their case) and you (streamlining your work).

Thursday, January 20, 2011

Use... dramatic... ellipses...

(with thanks to... Carolyn)
With a screeching cacophony of mechanical discomfort, the plane dipped unevenly towards the runway and...
...made contact with the tarmac. The rubber on the tyres instantly shredded, the exposed metal sending a shower of sparks directly towards the stricken aircraft’s fuel tanks, which...
...were of course safely sealed. The plane skidded along the runway, hurtling ever closer to the airport’s observation tower...
...which luckily was still half a mile away, this being a sizeable airport. Wide-eyed and soaked in sweat, the pilot gripped the controls in front of him and silently cursed...
...his decision to wear thermal underwear and to reuse the same pair of disposable contact lenses he had worn yesterday. Then, with the inevitability of a volcanic eruption, the plane...
...came to a halt safely and every single one of its unfortunate passengers...
...disembarked.

Wednesday, January 19, 2011

Victoria Magazine


The Universe has blessed me with its infinite riches today. Walking back to work from my yoga class I went past the Hospice charity shop. Outside I spied a Victoria magazine. That, my friends, was just the tip of the iceberg.

I normally don’t carry money to my yoga class, but today I tucked $20 in my bag. For $1 each, I purchased thirteen copies, all in perfect condition and from the last few years. They are the new publication of Victoria, which I considered subscribing to, but it was very expensive to New Zealand and I decided against it.

I have a small number (less than a dozen) of ‘old’ Victorias (including a few of the French issues) which I’ve re-read regularly over the years. They always give me a feeling of peace, relaxation and serenity, and make me feel more creative.

My Auntie S has a similar sensibility to me, and was a subscriber of the ‘old’ Victoria right from the early days. She’s promised me she will never declutter her beloved copies without offering them to me first, and recently said she had put my name on the box so that I will inherit them one day!

Putting my new treasures in date order I found there was two double-ups. I think they will be finding their way to my Auntie.

Are you a fan of Victoria? I’m not a big Victoriana-style fan and sometimes (the older issues) were a bit frilly for me, but overall this magazine has dreamy and divine photo shoots and lovely, quaint writing. Reading a copy of Victoria whilst lying on the bed is one of my favourite ways to wind down on an early night. Perhaps with a chamomile or mint tea.

I can’t wait to treat myself to my ‘new’ copies.

And my plan is to declutter at least 13 magazine when I get home, possibly even doubling the number to 26. That may be a good way to declutter in between ‘actual’ declutterings. One in, two out. Not too onerous.

Marketing a Law Firm | Reader Questions

I love getting comments from you all. It helps me help you with thing I might not think about. I got a great comment/question this week from "New York Lawyer" and I promised to respond to it in the this post (it was a detailed question). So, here we go!

The gist of the post is that this guy (I'm just using "guy" - if you all are sensitive about this issue get over it) is a New York lawyer who just started a law firm. He's in a home office but has visions of a separate office as business picks up. He expressed these "problems" and wanted my thoughts on them:
1. He didn't want to go solo with no experience but has been forced to because of the low salaries offered by employers. How do you market yourself without the experience?

2. What do you do when people can't afford you?

3. How do you market to a low income population?
I know I've touched on some of these issues before, but maybe not as specifically as requested in these comments. To put the questions in context I'll post the relevant portion of the comment before answering.

How do You Market Yourself Without Experience?

#1 - One of the first points of understanding that you expressed in this segment of your blog is the fact that the economy has left many of us lawyers with no choice but to go out on our own. For me, I never wanted to go solo before obtaining at least three to four years of experience. One problem is that there are not many employers willing to pay lawyers enough to live. No, I did not expect to receive offers of $160,000/year straight out of law school. I did, however, expect to receive at least $60,000/year versus offers of $43,000 - 45,000/year and lower. Yes, I said "lower."

In New York City, you cannot live on low salaries unless you are already financially situated or living with friends or relatives who can support you a bit until you get on your feet. Many of us do not have those luxuries.

The second problem is that some firms just are not hiring as many lawyers as they did before. Competition is stiff. Thousands of newly minted attorneys are joining the ranks each year. They need jobs as well. We're all in this together.

Therefore, because we have to live and make extremely high student loan payments, many of us have had to select a different route, including going solo or even taking temporary assignments.

I said all of that to say that when you don't have a lot of experience, sometimes, there's a hesitation about marketing yourself a lot. Clients want to know that when they knock on your door, you can handle the matter they present to you. Sure, you were trained to go and do the research for the matter. You can also talk to experienced lawyers and obtain advice about your case. But something inside of you initially wants to hold back when you consider the fact that the clients are real people with real situations that they're leaving in your hands. What are your thoughts on this?
I understand what it feels like to be out there trying to sign people up, wanting to help them out, but being hesitant because you don't know all the answers and don't feel 100% comfortable handling their case. When I first started out I was in the same boat (though I had some people to rely on). At my first job I was in an "eat what you kill arrangement." I received a very small base salary and then got paid based on what I brought in.

Here's what I would suggest - get out there and learn what you're doing so you're comfortable helping people. I don't have any idea what kind of law you want to practice, but I can guarantee you this, there are a ton of resources out there to help you. Use them. And then go watch other people put them into practice, and put them into practice yourself.

For example, when I started my firm it was in a new state where I'd never practiced. I had a basic understanding of how everything worked but wasn't familiar with the nuances. I did two things the first week I moved to my new place - I went out and got all the practice advisories and materials in my practice area that I could get my hands on, and I started going to court and just watching what was going on.

No one likes to say this, but lawyering, for the most part, isn't rocket science. It's putting in the work to understand your client's facts and how they apply to the law. If you are committed to doing that with each of your clients, you can be confident that you can represent them. If they ask about your experience be honest, and don't forget to tell them what you've been doing to make up for that lack of experience.

The bottom line is that not everyone can afford my services (or I haven't convinced them of the value of my services). And, while it makes me feel special to be busy and working, I'd rather put my free time into marketing my practice than working.

The hardest thing to come to grips with when you are new to starting a law firm is the true value of your services. You've got a knowledge base that not many others have, and when you apply that base with your effort for each client, that equates to a lot of value. Remember that when people try to talk you off of your fee.

And one last thing on people that can't afford you. Part of your sales pitch should be informing them of ways they can pay you. Do they have credit cards? Do they have friends and/or relatives they could borrow from? Do they have a piece of property they'd like to put up as collateral? The thing I always point out is if they want to hire you, if they are interested in what you have to offer, then there's always a way to find the money. Probably sounds a little cold-hearted but it's true.

What do You do When People Can't Afford You?

#2 - The second problem that I've run into is the fact that there are lots of clients out there that need help; however, they cannot afford to pay me or anyone else for that matter. So far, I've assisted one client for free in their criminal appeal. It was a long process, but it provided great experience for me. I also assisted another client who paid me to represent them at an arraignment hearing. I've been involved with the city's volunteer attorney program, which assists clients in various civil matters. The volunteer attorneys typically volunteer their services for the day.

All of these opportunities have provided tremendous experience for me. But I still have to live. My firm will not survive on pro bono work.

I realize that sharing my contact information with the clients can be a means of marketing myself, because they can in turn recommend me to other people who may be in need and can actually pay.
I wish them luck and send them on their way or to an attorney that I think they can afford.

"What is Your Advice Regarding law Firm Marketing to a Low Income Population?"

I don't.

If you live in New York where it's so expensive and you have to make a lot of money to live and all that stuff, then there should be a lot of people out there that can afford your services. Market to them.

I market my services to people that can pay for me. And you should too.

If, however you are hell bent on helping the underprivileged, then here's what I would do (and God bless you for wanting to do that). First, your firm needs to run like a well oiled machine. Whatever you are doing, there needs to be a specific process that happens for each case, every time. And the reason for this is you are going to have to be a volume firm - more case equals more money. To give people the value you are going to promise, you need to have the operation streamlined.

Second, you need to specifically spell out (and then stick to) the scope of work you will be doing. If it is a litigation matter and they want you to write a letter, charge a fee for that. If they want you to negotiate up to the time of filing, charge a fee for that. You get what I'm saying. If you don't do this then you'll start to get some scope creep and find yourself very busy and very poor.

Third, and finally, you're going to have to have the balls to stick to what you say. You aren't going to be able to help everyone. Some people might just not have any money. Unless you know going into a case you're doing it for free, don't expect to get paid later. It's just going to leave you pissed off and resentful.

Anyone have any thoughts about these questions? Any experiences? Let's hear them!

Monday, January 17, 2011

How Tall Do You Want to Grow? Taking Risks toward Reaching Your Goals

I subscribe to an e-newsletter from life coach Cheryl Richardson, author of many books including one of my favorites, Stand Up for Your Life!  Cheryl sends out a weekly inspirational essay with an exercise.  This week was about the choice to take risks--or not.

She shared a story of a woman who took a relationship risk.  After two decades of being reluctant to step forward and start dating, this woman finally approached a man who lived in her building and suggested they go out for coffee.  It turned out well, and now
they are having regular dates.  She feels liberated.  You can read the whole story here.

It got me thinking.  There's always a choice in our creative lives, too.  This week I begin two online classes, "Your Book Starts Here," with forty-one writers from around the world who are making the choice to write their books.  They've taken the risk to move away from what's safe and known, the areas where they feel competent, and test their creative edges by learning something new.  I am watching them face the excitement and the fear of this.  Some of them are new to online classes so there's that overwhelm of how to navigate the classroom, post a profile photo, make the tiny font sizes bigger.  It's very easy to give up and go back to what is familiar.

And I find that usually life conspires to increase the edge when we try something new.  Maybe we've signed up for a new writing class or decided that 2011 is the year we're finally going to get this book done.  Of course, there's a sudden influx of other changes--maybe challenges with job, kids, family, money, health make it seem impossible to have the energy to leave the familiar.   I know.  I've been there.  When outer changes accelerate, it seems insane to envision adding something new.

Here's my two cents, born of many decades of experiencing this.  Sometimes that's just the right moment to take back control, creatively.  To do something you want, rather than react to everyone else's needs.  Move from reactor to creator.

It'll take your life in a new direction.  If you put your creativity first, the joy it brings you can even reduce the other stuff to a manageable size.  

This Week's Writing Exercise
1.  If you'd like to move from mediocre to reaching a dream, you can follow along with my online class, if you want, by using the Reverse Goal-Setting Worksheet below.  It'll help you envision a little of what you'd like to bring into your life in the next three months. 

2.  First, list your Product Goals for the next three months (any tangible goals you have for your writing, such as number of pages or chapters written):

3.  Then, write down your Process Goals (any goals that pertain to your growth as a writer, which you’d like to realize in the next three months):

4. Using the boxes below, follow these steps:  In Week 12’s box, write the goals you noted above under Product and Process.  Then move down to Week 11’s box.  Ask yourself:  What needs to happen in Week 11 for Week 12’s goals to come true?  Consider what smaller steps you might need to have accomplished by Week 11.  Note those goals, both Product and Process, in Week 11’s box.  Continue in your reverse goal-setting for each box until you get to Week 1.  Adjust as needed so your goals are realistic yet exciting to you.

Week 12—by April 10











Week 11—by April 3











Week 10—by March 27












Week 9—by March 20











Week 8—by March 13











Week 7—by March 6













Week 6—by February 27











Week 5—by February 20











Week 4—by February 13













Week 3—by February 6











Week 2—by January 30











Week 1—by January 23










Reverse Goal-Setting Worksheet is excerpted from Your Book Starts Here © 2010 Mary Carroll Moore.  All rights reserved. 

Friday, January 14, 2011

Starting a Law Firm | Productivity

I have a bit of a problem. I love to read. I read a lot of books every year, averaging probably about one every two weeks (that may not be a lot to some, but it is to me). The problem, though, is that I don't just read one book for two weeks. I read three or four at a time, hopping back and forth until they are finally finished.

That might sound like a pretty amazing feat, essentially keeping the plots and ideas of all four books in my head at one time, but in reality I'm actually cheating myself out of getting the most of each of those books. And the same thing happens to all of us when starting a law firm, so I thought I'd write about that today.

Multi-tasking is a Myth

I hate multi-tasking, but I feel like I do it all the time. I've got a laundry list of things to do every day, and while I'm knocking them out I'm constantly checking my email, taking phone calls, checking Facebook, checking Twitter, taking a quick peek at espn.com, and a myriad of other things. It's both a time and an energy suck on my day.

And it's also a hard habit to break.

For example, right now as I'm writing this, I've got the incredible urge to check my email. I'm sure it comes over you all as well. I just checked it 15 minutes ago. On a Friday night at 6:00 there is no way that anything interesting has come in. But I just can't help but want to look. Fight that urge.

Multi-tasking is essentially what I'm doing with the books I read. And the end result with my work is that it takes me longer to complete and it's not as high a quality as it might be if I just sat down and devoted all of my attention to it for a specific period of time.

Research shows the most things you can do at one time is two. And the second thing accounts for the downtime you have with the first thing. Think about baking a cake. It's got to bake in the oven right? You aren't expected to sit there and watch it bake. Go do something else! But if your attention needs to be devoted to a task, it should be wholly devoted to it.

That's why starting today I'm going to block out my calendar into time increments. I'm going to give myself a solid two hours to devote to writing that motion (as opposed to a bunch of 30 minute increments), I'm going to block out an hour to think and strategically plan for marketing instead of trying to fit it in the cracks of time that I have. And I think my productivity is going to skyrocket because of it.

You should do the same.

One-Pointed Attention

If you are saying to yourself "there is no way he is going to be able to resist the urge to look at email for an entire hour" you are probably right. But by implementing one-pointed attention I'm going to be able to eventually.

One-pointed attention, from what I understand, is based on some principles of meditation. There basically three rules:
1. Unscatter

2. Turn em all off

3. How long can you hold it?
That's it. Pretty easy, right? Let's talk about each one.

Unscatter is exactly what it sounds like. Take 30 seconds and just let your mind focus in on something, preferably the task at hand. Or, in the alternative, let if focus on nothing. Stop thinking about the next thing to do or the project that might be coming up or the party you really don't want to go to. Just let your mind relax a little.

Second, turn em all off. I think we know what this means. I've slowly started doing this, and it has profound effects. For example, you know why I haven't checked my email while writing this post? Because it's not up. This window that I'm writing in is the only thing turned on with my computer right now. It's sort of like out of sight out of mind, but it takes a little bit more self-control.

Third, and finally, how long can you hold it? Here's the thing, we all like to feel like we're important. We all like to feel like without us people would be losing their minds. But I'm going to let you in on a little secret - they don't. If you don't look at your email for an hour or two (or four, if you get really good) the world is not going to stop. Deals are not going to be lost. Armageddon will not ensue.

But to get to that point you've got to go through steps one and two and then see how long you can take it. And when you try it I think you'll be surprised just how hard it really is. We have been so conditioned to constantly accept stimuli that even a brief break can feel very uncomfortable. Try it to see what I mean.

Systems is the Name of the Game

I know I've talked about this before, but I wanted to mention it again. If you feel like your firm is out of control or that you don't have time to focus because you are so busy doing a million little things, take a second, step back, and look at the big picture. Write down some of the things that you are doing over and over again and think of some way to automate it.

Here's an example from me. My office is filled with checklists. There is a checklist for answering the phone (what to say, then the next step, then the next), there is a spreadsheet to account for all incoming new clients so I can see at the drop of a hat what is coming in. When we sign up a new client there is a checklist for what to do. When a case is resolved there is a checklist for what to do. When a current client calls there is a checklist for how to handle it - and let me tell you the checklist does not tell the assistant to give me all calls, it tells her to schedule a time for me to call them back (unless it's an emergency). That alone will save you an hour a day.

Doing this will make you exponentially more productive and clients will love you even more than they do now. Know why? Because you're consistent. When they call they know exactly what is going to happen. When you file something in their case, they know they are going to get a copy of it. They know after the first two weeks that every week they are going to get a synopsis of what's been done in their case and where it is headed. And happy clients make for referrals - lots of referrals.

So, this weekend, take a couple of hours to unwind and think about the things you find yourself doing over and over again. Is there any way to make that process smoother and faster?

Meeting with the Banker

I had a meeting with the Bank today. It went pretty well. I didn't set up the meeting, they did. Seems they are trying to get to know their business clients a little bit better (I know they want to find ways to sell me more services, but I'm okay with that).

It was a good chat. We talked a little business, they gave me some ideas they thought could help me out, and we agreed to continue the discussion.

One thing that surprised me, though, was their willingness to give me a line of credit. I think it has something to do with me coming up on two years in business (because they mentioned that a couple of times), but that surprised me. I thought it would be harder to get money than that.

I actually just read the paragraph above the last one and realized I'd provided far too little detail. I mean, that's what this blog is about, right? So, here's kind of how it went down. Me and two bank employees went into this conference room. It was completely relaxed (I think that's because I knew I wasn't asking for anything) and they were very nice people.

The discussion started with them peppering me with a lot of questions about the business. When did I start, how long have I been here, do I have any loans, bank account balances, do I bank anywhere else, blah blah blah. I answered their questions and they discussed some of the things they could offer, including a line of credit, payroll services, and things like that. Then we talked a little bit about personal finance, what my plans were for the future, and some things like that. Then they told me about some of the things they could offer for that.

Which, oddly enough, one of the things they mentioned they had was 100% financing on a home. Turns out they played it safe during the housing boom and can still offer stuff like that. I thought that was interesting for two reasons. First, they thought I'd be dumb enough to be intrigued by 100% financing. And second, they think it's a good idea, even with the housing prices where they are, to offer 100% financing. My guess is you'd have to have some pretty stellar credit to qualify. But that's neither here nor there.

That's all I have this week. As always, if you have questions, let me know. And take a minute to let your mind relax. If you need me, I'll be checking my email!