Wednesday, February 9, 2011

Starting a Law Firm | Testing Your Assumptions

Hi! Welcome to another edition of how to start a law firm. I know the Wednesday post is typically about marketing, and I will talk a little bit about it at the end, but I wanted to start with something a little bit different. I want to talk about discovering your fears and questioning your assumptions to maximize the success of your business (and really anything else that you do).

If you can't tell from my writing, I love the business of running a law firm. I like thinking about ways to get clients to me, I like to think about ways to get them to sign up once they get here, and I like thinking about what to do to make my firm run like a well oiled machine. While this probably sounds fun to you too, there's a lot more to it than just having a check list to run down to get things done. We all do things to get in our own way and sabotage what might be a great thing. The key is identifying what those things are and moving past them.

To help me with this side of running a law firm, I read a lot of books about business, read a lot of blogs about business, and just think a lot about business. One of the blogs I read a lot is called "I will teach you to be rich." It's run by a guy named Ramit Sethi (pronounced Ram-meet, in case you were wondering - I did for a long time). He's a small business owner who's business is helping people make money. I've never bought any of his products, so I can't vouch for his paid stuff, but his free stuff is amazing.

I was reading one of his posts today, entitled, "Testing Your Assumptions" and I thought it would be a great thing to write about here today. I've linked to the post so you can go and read it, and I'm only going to briefly discuss what he's said. What I'm going to write about are some of my assumptions and the ways they may be holding me back. Like always, you are going to get a first hand look at what I think is holding me back.

Our Assumptions - a Little Background

A funny thing about human beings is that we are pretty scared a lot of the time, but we aren't really great about identifying those fears and figuring out how to move past them. What we are great about doing is internalizing those fears and rationalizing our way around them. The good news with the way we handle fear is that we often don't have to face them. The bad news is we don't get to accomplish everything we should be.

Now, I know you, Mr. or Ms. Reader, don't internalize your fears and rationalize your way out of taking action. I'm talking about the other guy or girl. I know that when you find yourself saying these things like:
"I shouldn't pick a niche area because the money simply won't be there" or

"So many people fail when they start out I probably shouldn't do it" or

"You've got to have a lot of money to start and I don't so..." or

"I don't have enough experience to open my own law firm"
that you just move right on past them and actually test your assumptions instead of letting them control you.

I'm going to tell you about some assumptions I have below and what I'm doing to test them out. What I want you to take out of this article today is this: Failure is Good. What I mean by that is you've got to be constantly checking your assumptions to see if they are reality or a result of your rationalization of fear of failure. Sometimes you'll find you're right, sometimes you'll find your assumptions were dead wrong. Failure is okay if it comes from testing your assumptions. That's the only way you can eliminate the bad and implement the good.

Three of My Assumptions and How I'm Testing Them

When I first started out I had a lot of demons following me around. A lot of tiny voices in my head telling me why I wasn't going to be successful at what I was doing.

Assumption Number 1 - "I look too young for anyone to hire me."

I don't know if you've seen a picture of me, but I do look pretty young. If I told you I was 25 you'd probably believe me.

This assumption was holding me back in several ways when I first started. Although I didn't specifically address it, whenever I'd meet with a potential client, it would be running through the back of my mind. "Are they wondering how old I am?" "Are they just waiting to get out of here so they can go talk to an attorney with gray hair?" These were actually things I was thinking about.

The first great step for me here was identifying that I was making an assumption that was holding me back. I assumed that people didn't want an attorney that looked young. And even though I wasn't actually discussing it in my potential client meetings, I think that self-doubt was creeping through on a sub-conscious level and affecting my meetings.

So I talked to some people about it. I talked to RJon (who I've referenced here several times) and I talked to a colleague that was in a similar situation. I quickly realized two things. First, not everyone is looking for an old attorney. In fact, the people I'd probably most like to have as clients (younger professionals) probably are looking for someone just like me (a go getter who knows his stuff, has enough guts to go out on a limb and can relate to their situation). I'd never thought of that because I'd been so locked in with my assumption.

When I talked to my friend about it with the same problem, she just said "it's not a problem for me. I've got my sales pitch down and it works more often than it doesn't. You just have to go in there like you deserve to be their attorney." Light bulb moment.

Although I wasn't completely sold on what she'd told me, her and RJon seemed to be making a lot of sense. So I tested out my assumption by mixing up my sales presentation. For some potential clients I'd bring up the fact that I looked young and talk about it. For others I would simply talk to them like I knew I belonged to be there and they deserved my help. Lo and behold, when I didn't talk about it and projected confidence, people started signing up. When I talked about my youthful appearance they didn't. I think at the end of the day people don't think about it as much as I thought they did. My assumption as really hurting my business!

Assumption Number 2 - "People Don't Have Enough Money to Pay My Fee"

I'm not going to lie to you, this is one I'm dealing with right now. It doesn't really require that much background. I'm just not signing up as many people as I think I should be, and I'm getting a lot of "I don't have enough money." It's easy to assume that that's the case, but I think there's more to it than that.

I'm assuming it's a them problem, when, at the end of the day, it's a me problem.

Bottom line here is that I haven't demonstrated to them that I'm providing the value for the fee I'm proposing. I need to do a better job showing them what I'm going to do for them, why I'm the one to do it, and why my fee is a reasonable fee for it.

My assumption that people don't have enough money to pay me is keeping me from realizing the full potential of my business.

So, I'm going to test this assumption by completely revamping my potential client meeting process. Not only am I going to come up with some new ways to demonstrate value to them, I'm going to come up with some ways to help my potential clients find the money to pay for my services that they didn't know they had. No, I'm not going to be pushy, I'm not going to give the hard sell, I'm just going to be prepared to educate them so they can make an informed decision.

I'll keep you in loop on what I'm doing.

Assumption Number 3 - "I don't have enough time to do everything I want"

This is probably something that we can all relate to. There is this constant feeling that time is running out, that nothing is ever going to get done, and that deadlines are always looming.

This assumption, for everyone, is wrong. I don't care who you are.

To test this assumption out, I want you to do a few simple things. First, make a list of all the things you do in a day. When you check your email and facebook write it down. When you post to twitter write it down. When you work, write it down (and write down what you are working on). When you surf the internet, write it down.

Do this for one week and then take a look at all the time you are wasting. Now, I'm not suggesting you should stop checking facebook and your email. That's something even I couldn't do. What I'm suggesting is coming up with a system that maximizes your time.

What I've tried to start doing is checking my email only every 2 hours. I check it when I get to the office, at 10:00 a.m., at noon, at 2:00 p.m., and at 4:00 p.m. Trust me when I say if you're checking it every two hours you aren't going to miss anything. Same with facebook and twitter. Figure out all the time you are wasting and stop wasting it.

The second thing you should do is stop doing the minutia and anything that isn't productive. For example, are you doing all of your own filing and stuff like that? Why? Get someone in there to do it. Pay them or have them work for free (there are a lot of people out there that would work for free to put your law firm on their resume). But stop doing the things you have no business doing.

And stop making yourself busy just so you feel good. For example, in the last two days I've said no twice and it's felt amazing. The first no was to a request to be on a committee. I won't get into details but it was not going to be productive. After the first meeting I went to I told the person I couldn't be on the committee - my time is too valuable and I didn't think I'd be able to contribute anything worthwhile. The second thing was a meeting of small firm lawyers. I thought the topic of discussion was interesting, but I knew I wouldn't get anything new out of it because of the precise details of this meeting. So I didn't go. I'm writing this instead!

Telling yourself you don't have enough time to do something is the easiest way to rationalize not doing something. I bet if someone offered to take you on an all expenses paid vacation you'd find the time to do it. Make the time for these things too.

I know I said I was going to talk about something marketing related at the end, but this post is already too long. What I can promise you is that coming up very soon I'm going to let you in on the secret to my reaching number one in Google for my search terms. Hope that's got you excited!

Tuesday, February 8, 2011

Refuse to give names to characters


A tall man with glinting eyes stepped meaningfully from the ship’s gangplank and surveyed the dock.
‘Where is she?’ he demanded, gesturing at a stooped and subservient man beside him.
‘Sorry, sir?’ the servile man asked. The tall man with the smooth black walking stick clicked his tongue impatiently.
‘You know who,’ he said. ‘The demure woman with the scarf.’
‘I’ll make enquiries, sir,’ the balding, diminutive man replied (the same man who had been talking a moment before).
‘Well make them quickly,’ interrupted a tall man with shining eyes. This was not the same tall man with glinting eyes who had so far been conducting the conversation, but a new, even taller man with eyes that shone rather than glinted, who had just disembarked behind the two figures already standing on the dock.
‘You!’ hissed the tall (merely tall – not taller) man with glinting rather than shining eyes. ‘I should have known you would try to interfere.’
‘Interfere?’ queried the tallest available man with the really quite unsettlingly shiny eyes. ‘I would never interfere. I am merely concerned for our mutual acquaintance’s wellbeing.’
‘The demure woman?’ asked the second-tallest man.
‘I would describe her as more reserved than demure.’
‘Ah.’ The still-actually-quite-tall-though-short-comparatively-speaking man said. ‘I’m not entirely convinced we’re talking about the same woman.’

Monday, February 7, 2011

The Atlas Update


Atlas hasn't been in these pages lately, so here's a little of what he's been up to. Our little man is very much part of the family, we both adore him (which is an understatement). Above, Atlas is harnessed in his safety car seat-belt. He's off to be groomed. All that wool is a little toasty in the heat of summer.

Here is his before picture.


And after. So fluffy and trim!


And a close up at work of his new look.


With 'poodle feet'.


A few weeks ago Atlas and I took a road trip (about 45 minutes away from where I live) to visit his former owner's partner. She was not able to take on both his dogs when Atlas' owner died, and so Atlas was adopted out. The new owners didn't want him after a while and tried to give him back to Poodle Rescue.

He really is the sweetest boy, I don't know how they could. His little heart must have been broken for the past 2-3 years. I am glad we are now able to make the rest of his retirement a happy one.

His former 'mum' Pamela was so glad and emotional to see him and we had a lovely few hours. I met his poodle 'brother' Samson and heard how much his first owner John loved his poodles. They even went to his funeral.

Pamela gave me a little bag of goodies for Atlas - some of his favourite toys, his vet records, a little jersey for the winter and a framed portrait of Atlas as a puppy (only two months old). Do you think he looks like an owl?


From talking to Pamela I found out Atlas is actually 14, and not 12. What do you say to that? He wasn't young when he came to us, now he's just a little older. After I brought his goodie bag home I thought to myself 'his birthday will probably be on his vet records, then we'll know when to throw him a party'. I checked, it's in a few weeks time - he will be FIFTEEN! Could Atlas be in the Guinness Book of Poodle Records?

Considering his grand age though, he's very spritely and adaptable. He gets very excited about coming or going. Atlas is all bouncy when I put his harness on in the morning to go to work, and equally happy to arrive somewhere, practically launching himself out the open car door when we get there. He's nothing if not fearless.

And here, just because he is very handsome in his new jacket, is Atlas modelling this winter's look for chilly poodles. He won't be needing it for a couple of months at least. I'm hoping I haven't bought it too soon... (I find black humour works well in situations of elderly-to-the-extreme poodle adoptions).


Just in case you think otherwise, we are so happy to have Atlas in our life. He has added much richness and fun. For as long as we have him we will consider ourselves very, very lucky.

Sunday, February 6, 2011

How to Start a Law Firm | Where I Get My Help

I'm going to cover several topics here again today, so I thought I'd give you a little preview here in the first paragraph before diving in. First, I'm going to talk about where I get my help from. Second, I'm going to answer a reader question about data backup and storage. And finally, I'm going to talk about what to do if clients won't pay (another reader question). So, here we go!

Where I Get My Help From

It may seem like I've got my stuff together, like I've got all the answers, but the truth is, I still have a lot of questions about running a law firm as a business and how to continue to take what I'm doing to the next level. Granted, I've had time to think about and answer many of the questions you all have had, but you'll notice as your practice continues to grow and with it your understanding of business, that your questions become more nuanced and complicated.

If you've read my past posts, you know that when I started out I had someone there to help me answer a lot of these early entry questions and give me some materials to help me start out. His name is RJon Robins and he runs a program called, surprisingly, how to start a law firm. When I started out I bought his program and it was worth every penny.

I was talking to him the other day (we talk about once a month) and I was telling him about how much fun I was having helping all of you. He then asked a very obvious question, "are you telling them to come and check out all of the free material I have" and I sadly had to say no. So I'm doing that again today. You should go and check out his material. There is a lot of free stuff out there and some paid stuff too. I've also put a link on the sidebar to one of his free publications, something that I think all of you should read.

Here's my disclaimer about this though. Remember in my post a few posts ago when I told you about taking down the adsense garbage that was up and pointing you toward things I thought could actually help? Well, I only have two things I'm going to recommend, and this is one of them.

In all fairness to you, though, if you end up buying anything from RJon I'm going to get a little bit of a cut from that. That's just the way the world works. But I wouldn't be recommending this product if I hadn't tried it myself (and I actually still use it). There's no obligation to seeing any of the free stuff, and I think you'll start to see the value he can provide you immediately, so go check it out.

If you hadn't read my previous posts about RJon you can see them here and here and here and here.

The other product I'd like you to know about I'll talk about next week.

Starting a Law Firm and Data Backup

I got a question about data backup and storage, and this is important so I thought I'd write a little bit about it. And actually, I'm going to write a very little bit about it. The same day I received this comment I saw a blog post from someone I follow that talked about the same product I used and did a great job of explaining it.

I use dropbox and that's it. Here's a great post about dropbox that tells you everything you need to know.

What to do with Clients that Won't Pay

I'm not sure if I talked about this much, but it's always worth talking about. So, here we go.

Before we get to what to do with clients that won't pay, what I'd suggest you do is try to set up a system where clients have no choice but to pay. If they don't make it past that initial hurdle, they don't even make it onto your client list. The system will be slightly different depending on what type of fee arrangement you have set up, so here's a brief overview of two.

If you charge flat fees (like I do) then it's important to do two things, first, agree upon a flat fee, and second, secure a method of payment to ensure that fee gets paid (if you are going to allow payments). What I do is typically ask for about a fourth of the fee up front and then set up a payment plan where the payment method has already been provided to me (post dated checks or a credit card number). I haven't had any problems with this way yet, though I know if people want to weasel out they can. If you don't have to track people down for payment then it's typically much easier to get paid as agreed.

If you charge by the hour, I would suggest getting enough up front to cover at least the first portion of the case (investigation and demand letter, filing of complaint, etc.). Then, in the fee agreement, you have a clause in there that when the retainer amount gets at or below "x" they've got to re-up to keep the representation going.

Now, here's the key to making both of these work, which answers the question "what do I do if clients aren't paying?" - if they don't pay you don't work. Simple as that. A check bounces or they fail to re-up their retainer, you simply write them a letter and tell them all work is suspended until they hold up their end of the fee agreement. Give them a week or so to comply, and if they don't you send them a letter letting them know the representation will be ended unless they get it in gear.

The key here is to have the guts to stop working if you aren't getting paid. For some reason that's a tough thing for lawyers to do (though it isn't tough for anyone in any other business), particularly when you are first starting out and maybe don't have a bunch of other work to fall back on. Just remember that just because you are busy doesn't mean you are running a successful law practice.

That's it. It's that simple.

Super Bowl Picks

I know you all are on the edge of your seat to get my Super Bowl picks. And if you aren't watching the Super Bowl in just about exactly two hours, then shame on you! Take some time off, at least watch the commercials, and have a beer or two. It won't kill you.

I'm a bit biased this year because my brother is a big Green Bay Packers fan, though I have no idea why since we grew up in Kansas and I'm pretty sure he's never even set foot in Wisconsin. So I think I've got to root for them, even though I probably would anyway. Put that team in a dome with turf and they are dangerous.

My score prediction, Packers 35, Steelers 24.

Have a great Super Bowl Sunday!! And, as always, if you've got questions, let me know.

Saturday, February 5, 2011

Chic and Frugal Sewing


I have been sewing a long time, probably twenty-five to thirty years. In spite of that I am not very advanced. It’s because I’m relaxed and also possibly a little lazy. I like it that way.

I made more ambitious things when I was younger than I do now. As a teen watching movies like Pretty in Pink and Madonna’s one (with the lace singlet tops) I was inspired to make my own clothing and enjoyed wearing my creations out to the movies with friends. A few of us made our own clothing – we must have looked quite ‘creative’.

In my twenties I also made clothing but eventually drifted into dressing the home rather than dressing myself. The only problem with making your own clothing (when you’re as slow and exacting as I am) is that you can’t see what it looks like on. And if you don’t like it afterwards then tough luck.


My sister is the complete opposite, she started sewing when her youngest was born four years ago and is now such an accomplished seamstress she drafts her own patterns and sells online. I am happy to sit in the shade created by her capability and output and just continue on my own puttering way.

My chic and frugal sewing is what I use to make my house a home and create handmade memories along the way. I have recovered cushions, made simple patchwork cushion covers (like the ones above, and top), and even tried my hand at curtains. Curtains aren’t as easy as they look, even if they are all straight lines.


My recovered ironing board, above. Below, tablecloth made from a remnant of fabric, hemmed around the edges.


I made a duvet cover once from a sheet set I liked and (it was the nineties) it had ties all along the end. It already had ready-made pillowcases with it. It’s an easy way to get a duvet cover you like, although I would use buttons or domes rather than the ties these days. Imagine buying two sets of white sheets and using one of them to make a duvet cover. What a cloud-like sanctuary the bed would be then!

Every so often when I pass an upholstery or furniture store and notice piles of remnants and samples I take a look. I have found gorgeous, expensive English furnishing fabrics at a fraction of their original cost. These offcuts make great tablecloths, cushion covers, napkins (if thinner), placemats and pot-holders at a tiny price. They look very luxe (because they are) and make everything else around them look fancier.

Below, a table runner made from a piece of fine corduroy. I used the fringe-y selvedges to finish the pointed ends.


It’s funny how if you choose the offcuts that really appeal to you, no matter if you think they aren’t your colours or are too ‘out there’, they all blend together to make your taste. And they do all go together.

Sewing is such a great skill to have. A sewing machine is a fabulous addition to any home and they aren’t that expensive – you can buy them second-hand and have serviced (get a simple one that is mechanical rather than electronic – there’s less to go wrong). But even if you don’t have a sewing machine a basic sewing kit will help you sew on buttons, take up a hem and make minor adjustments to clothing.

Cushion covers below were made with the same $10 offcut I used for the ironing board cover.


Something like a t-shirt neckline you don’t like can be altered by hand-sewing a couple of inches of running stitch from the centre front down into the shirt. Pucker this up (or should I say gather) and you will have created a new look. I also did this with a singlet top where I felt the strap tops were too wide (it looked quite dowdy). I gathered along the shoulder seam on each side and it looked a lot prettier.

Recently a friend of my mother’s gave me two summer skirts. They were mid-calf length and a-line. I shortened them to just on the knee and now I have two new skirts. I have also finally discovered a skirt style that I like on me.

Do you make home items yourself, or reshape clothing you have bought or been given?

Friday, February 4, 2011

Storyboarding--Using the W Storyboard Structure to Chart Stronger Conflict in Your Book


With the help of one of my students and the Loft Literary Center in Minneapolis, I created the video below.  Watch it to learn how to use the W storyboard structure to create a strong emotional arc in your book, via stronger conflict.

Enjoy!


Interested in learning more?  I'll be teaching storyboarding in two-day workshops this spring:


Saturday/Sunday, April 9-10, at Southern New Hampshire University, sponsored by NH Writers' Project.  For more details visit www.nhwritersproject.org.

Friday/Saturday, May 6-7, at the Loft Literary Center, Minneapolis, www.loft.org or call 612-379-8999 for details.

Wednesday, February 2, 2011

How to Start a Law Firm | That's What Pros Do

Starting a successful law firm and running a successful law firm takes a lot of work and a lot of effort. There are a ton of things to do that you won't even have thought about as you get to work. But, if you are in determined to be successful, you'll get everything done that needs to get done and everything done that you want to get done. I saw a blog post today that reminded me of that and I wanted to share.

The author of the blog is a guy named Jonathan Fields. It's an entrepreneurship blog more than anything else. He's not a lawyer (though I think he maybe was in a former life). Now he just talks about what has to be done to be successful in work and in life. I highly recommend you read it.

The post I read today is titled "That's What Pros Do." The post begins with a rundown of what he did last month. Here's what he wrote:
1. Published 17 blog posts

2. Organized, promoted and conducted four conference calls

3. Processed more than 6,000 emails

4. Updated my Facebook status dozens of times

5. Tweeted hundreds of times

6. Read hundreds of posts, articles, and a few books

7. Had 14 skype/phone meetings and interviews

8. Attended 5 face-to-face meetings and events

9. Meditated, moved my body and played guitar every day

10. Ate breakfast and dinner with my family nearly every day

11. Wrote 25,000 words and completed the manuscript for my next book
That's a lot of stuff. But that's what it takes if you want to be successful at what you do. It's probably a bit cliche, but you get out what you put in. Nobody gives you anything for free. Put in a little sweat equity, though, and the returns can be limitless.

Here's how Jonathan answered the question "How do you get so much done?"
Because that's what pros do.

There's no magic to it.

There's nothing superhuman or even exceptional about it.

Being prolific is how I earn my living.

Being ubiquitous is how I earn my living.

Building relationships, online and offline, is how I earn my living.

Helping people with whatever time I have is how I earn my living.

Listening and devouring knowledge is how I earn my living.

Solving problems and adding value is how I earn my living.

I get so much done BECAUSE IT'S MY JOB and I LOVE IT!

Tools, strategies, tactics, apps and vehicles are all great.

But, it starts with being willing to hunker down.

Day in, day out, regardless of the weather.

Show up. Dig in. Own the work.

Because that's what pros do.
I loved this post because I think it really speaks to what it takes to be successful at anything you're going to do in life, even starting a law firm. And, by the way, if you think you make your living by applying the law to a set of facts, no matter what area of law you practice, you're destined for failure. What you and I do is in many ways exactly what Jonathan does.

We are constantly producing.

We are building long lasting relationships.

We are helping people with whatever time we have.

We are listening and devouring knowledge on a daily basis.

We are solving problems and adding value to our clients.

When you own your own law firm you aren't just another cog in a wheel. You aren't even the manufacturer of a "well oiled machine." In today's day and age you are the inventor of the machine. You are creating something from nothing in whatever way you see fit.

That takes a lot of work. It takes a lot of time. But that's what pros do.