Lawyers’ Greatest Fear: Chaos

The ABA did a survey recently to identify what lawyers were most concerned about in their practices. The (not unsurprising) answer was “chaos” – in other words, a fear that their practice is out of control, and consequently, something terrible might happen to a matter – and to them.

I agree wholeheartedly with the ABA’s conclusion, and was inspired to write an article, which Attorney@Work is publishing as a three-part series. I detail what I see, from my 20+ years of experience working closely with hundreds of firms, are the reasons, and offer some practical solutions.

HERE is the first installment. And by the way, if you’re not a subscriber to Attorney@Work, you should be. A daily dose of good stuff.

Law Firms Are Ostriches, Says Georgetown Law Report

Ostrich ManThe just-released 2016 Report of the State of the Legal Profession from the Georgetown Law Center for the Study of the Legal Profession has some damning words for our supposedly best and brightest. Drawing a comparison to how Kodak went from market domination to crash after missing the market shift from film to digital, the report offers this tasty tidbit:

“The current challenge in the legal market is not that firms are unaware of the threat posed to their current business model. . .Instead, the challenge is that firms are choosing not
to act in response to the threat, even though they are fully aware of its ramifications. . . many law firm partners believe they have an economic model that has served them very well over the years. . .They are consequently reluctant to adopt any changes that could put that traditional business model at risk.

My observation: that’s only half the reason. The other half is that they don’t know what the &$@#* to change it to.

Read the full report HERE.

Fixing the Race to Make Partner

footraceMore firms are having problems finding and retaining good associates. One Atlanta firm, Fisher & Phillips, has gotten proactive about saving their considerable investment in their associates. They have created a new program that lays out the criteria for making partner early in the life of an associate – mainly originating work – then giving them the tools and training to meet those criteria.

“We’re trying to set them up to succeed,” Managing Partner Bert Brannen said In the Atlanta Daily Report story. “It’s a very intentional way to guide people through the evolution from summer clerk to fully functioning first year partner with more business than they can service on their own.”

Attorneys Master Class offers a similar program to its firms. Read about it HERE.

The Fate of the Corner Store Is Coming to Small Firms – Soon

So what did happen to the corner store? The short answer is it became the 7-11, the Circle K – or it went out of business. Most did the latter.

The legal blogosphere is filled with speculation and news about the happenings of biglaw in the legal revolution – but about 63% of lawyers in private practice are in firms of 3 or less. So what’s the future for the little guy?

What if you could suddenly benefit from national advertising – a powerful website – group health and malpractice insurance, and a continuing feed of business that would alleviate your need for marketing?

Sound like joining a big firm? Well, yes – but no.

The legal revolution that has brought about “Alternative Business Structures” offering a range of services beyond legal, and “Non-Lawyer Ownership” of law firms in Australia and Britain are blossoming with creative examples of exactly this revolution. One is a British legal franchise called Quality Solicitors. There are currently over 200 British law firms – some top ones in smaller communities – under the brand.

In Britain, financing for such endeavors is coming from outside the profession. And while that’s not yet permitted in the U.S., it doesn’t have to be for the franchise model. A few wealthy attorneys could fund it. And my bet is that it’s already in the works.

But, you say, “no way – the franchise model has been tried, and hasn’t worked very well.” You’re right – but that’s the past. The world – and technology – has completely changed the game.

LegalZoom has created a no-lawyers model with thousands of fill-in-the-blanks-online forms. They didn’t even need lawyers – although they have since expanded, to capture the market at the next level, of those who really do want to talk to a lawyer. And of course, the web has become the first place a majority of consumers look when choosing a lawyer. So when they Google “lawyer” and see a website that talks candidly about cost, it has their attention. The Quality Solicitors website headline is “When it comes to bills, we don’t like surprises either.”

Then it uses “artificial intelligence” to help the client determine what type of services they need, then puts them in touch with the appropriate attorney in their area. And right there, for the world to see, are prices. Reasonable – and note at the right, with a “clear price” guarantee.

Politics isn’t the only place we’re seeing a consumer revolt. LegalZoom has proven that.

So what can you do to solidify your market position? What can you learn from Quality Solicitors?

First – like it or not, price rules for consumers and small business.
The savvy consumer knows the difference between a straightforward problem or issue and one with a host of “if’s, and’s and buts.” Larger corporations, not yet so much. But even that is changing. Savvy in-house legal counsel increasingly know how to take advantage of a highly competitive marketplace.

The fact is that hourly billing is a relatively new concept that began in earnest in the 1960’s. Before then, most everything was flat-rate priced. (if you want the full story of how that change came about, give me a call.)

So, you’re thinking I’m going to say “flat rate pricing,” but you’re wrong. The answer is actually a sophisticated version of that, called “unit pricing.” Your agreement – and heck, maybe even your advertising (a la Quality Solicitors) has specific “flat rate” prices for stages, or levels, of work, with an open end hourly rate if needed. For instance, in estate planning:

Simple will with components A, B, and C:              $750
Additional if D is needed:                                         $300
Additional if E, F & G are needed                            $900
If H is requested                                                      $1200

Likewise, in litigation, pricing might look like this:

Review of matter, development of strategy,
Filing of initial suit (includes up to five client meetings)                     $3,000 – $5,000
Additional meetings                                                                           $400
Deposition fee (travel billed separately), per deposition, per day     $1000
Trial preparation                                                                                $5,000 – $9,000
Trial, per attorney per day                                                                 $3,000 – $5,000

This is an admittedly simple model with numbers that may not fit for you. But the concept is important. Specific prices for specific, well defined (in writing) types or stages of work. The client should be able to see what they can expect to pay for each stage of the work, and so they can make better decisions based partly on the dollar consequences.

Yes, even when your work is carefully unit-priced, sometimes your time will be more than the fee involved. But you’ll prosper on the law of large numbers rather than on each matter. And after all, what better way to drive innovation and efficiency (which the legal profession has never, until recently, had to deal with) than having to analyze past work to identify better methods or better pricing?

The traditionalist objection to this “cost-based” decision tree for the client is “The client might stop me from doing something important because of cost! They’ll be telling me how to practice law!” Yep, and yep. My answer to that is to yell “IT’S ALWAYS THE CLIENT’S CASE, NOT YOURS!” and to remind the attorney of their first and foremost duty in the client relationship: advice and counsel. If the client decides not to take the advice (which should, needless to say, be documented in a letter or email), then it’s ultimately the client’s decision. How’s that really different than today’s real life?

Second: Make sure your website does its job for you.
What does that mean? First, it means acknowledging that it’s a web world. Even if most of your business is referrals, know that most of those prospects, after they were given your name, went to your website to check you out. So, no website? Really? Then you’re missing out on lots of clients who searched for you, couldn’t find you, and didn’t call. Crappy, creaky 1999 website? Ditto.

So. Give in to the reality that you should pay a design expert to create an impactful, compelling website that attracts viewers to become clients. Because it’s no longer your business card. It’s your front door. Need a referral? Call me.

And if all of your business is referrals, and most people find you on the web by typing in your name (your website statistics can tell you this), maybe that’s all you need.

If most of your business comes from strangers – walk-ins, in traditional terms (remember where your front door is), then make sure your website has all the bells and whistles that make Google light up and want to rank you highly in the listings. This is the first part of what the geeks call “website optimization,” and it’s a job for experts – which doesn’t mean your brother-in law the computer programmer, unless he has at least three recommendations from law firms. There’s a science to picking a web designer who can do both great design and great “organic” optimization. Happy to provide the details. Call me.

Next step – decide where you want to appear on the list when the consumer does a search for “family lawyer” or such. Several options here. You can pay Google to list you at the top of the page, in as many jurisdictions as you can afford.  You can pay a web magician to get you listed at the top of the next group of “unpaid” listings (an arcane and less than perfect art – again, do your due diligence). You can buy a “pay-per-click” ad in the far right column that you only pay for when someone clicks on it to go to your website.

All of this means that, finally, you have to have a marketing budget of reasonable size – 10-15% of your budgeted gross revenues at least. Some for your web works, and some for your other marketing. Many personal injury firms spend far more than this.

Third – do your own marketing.
That means advertising where necessary, and most importantly, personal marketing – building and maintaining relationships with your referral sources – in other words, paying attention to the Parieto Principle – the old 80-20 rule that says 80% of your business will come from 20% or your (you name it – efforts, contacts, expenditures).

The still-true fact is that the best business comes from referrals – other professionals (especially your fellow attorneys), former clients, and personal, social and business contacts. And that’s at all levels, right up to the top of the profession. CEO’s don’t Google “corporate lawyer.” They ask their fellow CEO’s or their CFO or accounting firm for a referral.

And referrals are, by far, the cheapest source of business. So, like it or not, you have to be extremely active with relationship-building. And particularly if you are in a smaller community, you have to be ubiquitous – a “leading citizen,” known and respected by all. Be seen, involved and active in as many places as possible. That in itself won’t make you rich, but turning all of that into a systematic, efficient and results-oriented personal marketing program will. If you need some pointers here, give me a call.

The final truth. . .
Consumer law is going away from the traditional practitioner to the LegalZooms, the RocketLawyers, the franchises, the do-it-yourself forms on the web. The lawyer’s hold on the lower levels of the legal system is slipping fast, as the web offers more and more choices and opportunities. Yes, those choices may not always be the best, but sometimes, the consumer only needs a Kia, not the Bentley we want to sell them. And remember that it’s always the consumer’s choice, not ours.

. . . And the larger solution
Move up the ladder, away from the simple to the more complex work, whether that be corporate or high net worth individuals or successful entrepreneurs, where needs are more complex and nuanced, where matters and their solutions are unique, and where long-term relationships – those “trusted advisor” relationships exist between client and attorney.

Or get ready to buy a franchise.

Here Comes the Revolution – How to Hold On to Your Team Stars

Seven people have passed the exam to be the nation’s first “legal technicians” in Washington state. A quote from the ABA Journal article by Debra Cassens Weiss:

“Washington is the first state with a program to allow limited license legal technicians (LLLT’s)  to help litigants prepare legal documents and provide advice on legal procedures without a lawyer’s supervision.”

And a second story, this time from the ABA itself: Legal technicians may partly own law firms in this state; is ban to nonlawyer ownership crumbling?

The short answer is a resounding YES. The dreaded “ABS” (alternative business structures) which allow non-attorney ownership of law firms, which is already in place in Australia, Great Britain and is coming soon in Canada, has now been breached in Washington State, sans blessing from the ABA.

And if your reaction is “it’ll never catch on,” you’re dead wrong. Oregon is close to following suit. California and New York are considering. Florida is taking a look.

A recent article in the New Jersey Law Journal titled The New World of Outside Investment in Law Firms” has an enlightening comment about the traditional resistance to change – the “law is a profession, not a business” argument:

“There is a hoary battle cry we always hear when having these discussions: “practicing law is a profession, not a business.” That started in the late 19th century when lawyers began to establish a professional identity and adopted the Victorian scheme of professionalism from England. At its core was the tension between the ascendant commercial classes and those who considered themselves better than merchants and above the fray. Many of them practiced law as a gentlemanly profession, but relied on their family money to pay the bills. Few of us today have trust funds. If we don’t bill, we don’t eat. That sounds pretty commercial to me.”

The article also discusses a seminal event – the first law firm in Britain to do an IPO. Well worth reading.

The licensed legal technician trend, like the “nurse practitioner” and “physician assistant” waves that are sweeping the medical profession, is coming to a state near you. And it will affect you in the following ways:

First – unless you’re willing to lose that outstanding paralegal, be prepared to re-think and re-structure how your practice works to keep them – and their revenues – inside the firm. Don’t worry about losing your under-performers. They’ll stay as long as you let them collect a paycheck.

Second – get ready to completely re-imagine and re-design your operations, marketing, client relationships and fees – before your competitors do – to take full advantage of this new category of legal service professionals. Because the toughest of those competitors will. You can implement a good part of this re-design right now on a practical level, before the revolution comes to your town. Frankly, much of the legal profession has been doing this for decades – we’ve just disguised it well.

Third – Get used to not supervising the person who used to be your paralegal. It will be a separate profession with its own standards and procedures. Although in Washington State it is still entwined with the Bar, the state Supreme Court actually created a separate LLLT Board to oversee it. Soon that board will operate in parallel with, and not beneath, the State Bar. Watch for the emergence of a parallel “bar.”

Fourth – expect to find yourself directly competing with one or more LLLT’s. They no longer have to work under the supervision of an attorney. They can – and will – open their own firms. But they will not be admitted to represent clients in court (yet).

Fifth – if you have one or more outstanding paralegals, be prepared to enter into new relationships with them. Many of the best will want to be partners with you – or if not with you, then with another attorney – likely your direct competitor.

Sixth – like it or not, your world is about to change. Read CNN’s commentary The Fall and Rise of Lawyers.

And finally, if you’re worried about your future direction and could use some help drawing a roadmap to your future, call or text me – 407-830-9810 – or shoot me an email –


Do You Have a Pending Website Disaster? Here’s How to Avoid It

Just called up a colleague’s website to find it was trashed with error messages, the result of an unsuccessful attempt to switch IT providers.

Here are some of the most important lessons that I have learned from working with many clients in website development, updates and transitions:

1) If you plan to contract with a provider, first, get the name of the program it is to be developed with. Today, the safest – and most common – program websites are developed in WordPress. If your developer is not using it, move on to one who does. This is the vehicle that makes sure your website it’s completely portable, and your developer can’t hold you hostage.

Second, get a written development agreement that specifies total costs, maintenance costs, hourly rates for changes, and certifies that the website will be 100% portable, with a dollar-specific penalty clause if it proves to be otherwise. It should also specifiy that you own full rights to everything created.

2) Make sure that you own your own domain name. You’d be surprised how many un-techy people hand the whole thing over to a web developer and later discover they are trapped because the developer both owns the domain name and has created a non-portable website.

3) Schedule someone in the office to do a monthly test of every piece of the website, including menu bars, linked documents, contact forms (actually submit a contact form each time to make sure they show up in the appropriate in-box) and out-links.

5) Make a (marketing) schedule to add and manage content on at least a quarterly basis, if not more often. Static websites fall off the search engines; frequent changes keep its ranking up.

6) Think carefully if they’re trying to sell you a blog with the site. If your plan is to post legal stuff, don’t. Nobody but your competitors cares about the legal stuff. Your prospects and clients won’t read it. If your plan is to do articles with daily relevance to your target market – say, senior issues, community issues or business issues, good for you.

But think beyond content to commitment. Blogs are only good marketing when they are constantly fed – ideally weekly, at least every couple of weeks, and you work to build subscribers, or have a regular procedure to push out notifications to a larger list. And unless you are deeply committed, you will almost inevitably stop, or at least slow down, and it will become a burden.

And if you plan to hire a ghost-writer, check with your Bar counsel first. Some Bar associations require that such materials have to be written by the lawyer personally, and labelling someone else’s work as your own is an ethical violation.

Finally, if you’re really committed to a blog, don’t use the web developer’s blog. Most are restrictive and not blogger-friendly. Use a true WordPress blog, either directly at or through one of the facilitators like

So. If the above cautions have you nervous – or if the whole idea of creating – or taking charge of – your website or starting a blog seems daunting, just shoot me an email at or give me a call at 407-830-9810. always happy to share my thought and help however I can.

What if Your Employees Owned Part of Your Firm?

What if your employees sat next to you in shareholder meetings, voting on business decisions about the firm?


It’s coming. 

The latest iteration of “alternative business structures” – ABS’s – now permitted in the United Kingdom and Australia, and soon in Canada – is one that will frighten many attorneys: employee ownership of law firms (or the ABS that contains them).

According to the newsletter from

A groundbreaking alternative business structure that last year embraced employee ownership has seen the valuation of its shares rise 15% over the past 12 months. Staff at Triton Global each received a free initial tranche of 145 shares in the company, worth about £500, and nearly two-thirds have since invested further to the collective tune of £58,000. Triton is a multi-disciplinary insurance business combining legal advice, claims administration and loss adjusting. It has 140 staff across five offices in the UK, and a further 35 in seven offices overseas. 

And by the way, guess who’s forging ahead fastest with ABS’s there? The Chartered Accountants, who have thus far authorized 48 – in the last six months alone.

Until the mid-80’s, accountants in the U.S. were among the most conservative of all professions. By ethical rule, it was unethical to give someone a business card unless they specifically asked. Then in the late 80’s the profession went through a re-invention which re-imagined the profession as financial and management advisors to businesses, and spurred the foundation of dozens of consulting firms which collectively took billions out of the pockets of the legal profession.

Will they do it again? Will the leaders of the legal profession – the rule-makers at the national and state level – wait until the accountants skim the cream before surrendering to the inevitable? The profession’s leadership should be fighting hard to evolve the profession in the U.S. like it is evolving in Canada and the rest of the British Empire.

The Big  wave of change is coming. As they say, we can be on it – or under it.

How Do They Get Away With It? U.S. Firm Evades U.S. Non-Lawyer Ownership Rules

Non-lawyer ownership of law firms are still illegal in the U.S. even though they are now permitted in Australia, the United Kingdom and, soon, Canada. So how is a U.S. firm becoming a fully-licensed ABS (alternative business structure)? It seems they do it by putting “UK” after their London firm name.

LegalFutures, the UK-based legal blog, today reported that New York-based Cahill Gordon & Reindel just became the first U.S. firm to do so. (Last week they reported that Jenner & Block was the first but today retracted that.)

Cahill Gordon & Reindel’s ABS will have non-lawyer ownership, making it a true ABS. Their stated purpose is to expand their litigation offerings to clients in the UK and internationally. Why this requires non-lawyer participation in the firm’s ownership is still unexplained.

I have sent a query to the firm for more information. Watch this space.

Jenner & Block Jumps Ahead of the Line in the Legal Revolution

Think the Australian, British and (soon to be) Canadian legal revolution hasn’t hit the U.S. yet? Think again.

Quick recap of what’s happening, straight from the Canadian Bar Futures Report, which generally mirrors the Australian and British models.

The key elements of the revolution all flow from the first recommendation of “multidisciplinary practices” (MDP’s) – firms with business structures “that permit fee-sharing, multidisciplinary practice, and ownership, management, and investment by persons other than lawyers or other regulated legal professionals.” That means, for instance, a firm with lawyers, CPA’s, auto body repair shops and doctors, all under one roof.

From that flows the second element, “alternative business structures” (ABS’s) meaning non-lawyer ownership, or participation in ownership, of law firms. Those CPA’s and doctors and auto mechanics can be part or full owners of a firm.

And the third, “fee-sharing with and referral fees to non-lawyers.” That means the doctor or real estate agent or CPA or whatever can either get a referral fee or even a piece of the overall fee – legally.

So – the British Solicitors Regulation Authority just licensed an ABS consisting of Jenner & Block, a major national ABS based in Scotland, and a mediation service. How did they evade the (rapidly aging) U.S. legal structure strictures?  J&B asserted thar “the office will be operated by “a local independent affiliate, Jenner & Block London LLP” – even though its head of legal practice is dual-qualified Chicago-based partner Timothy J Chorvat.

And a lovely dodge of the issues. According to the article in the British blog Legal Futures, “…the firm would not explain the rationale for becoming an ABS. They would prefer at this time not to reply to your questions. The structure they have chosen for their London operations and their relationship with the SRA are not issues about [which] they wish to engage [with] the media currently.”

Smooth, J&B. And by the way, congratulations. You’re breaking ground for the rest of the profession. My spoof article “Berkshire Hathaway Purchases Omaha’s Largest Law Firm” may not be a spoof for long.

Most Law Firm Websites Suck. How to Decide if Yours Does

Had a revelation about firm websites – I was recently wandering the web looking for good examples as part of developing a client website and just about couldn’t find any. Most are, frankly, terrible. Outdated, stuffy, unattractive, “me” centered or all of the above. It’s amazing how many sophisticated firms, big and small, have websites that were first designed back in the ‘90’s – and look it.
Most firm leaders would huff at my accusation. “It works just fine,” they’d say. But then, it’s hard to measure how many people viewed their site and DIDN’T call.
I’m a marketer. I teach it. I create it. I manage it. And when I see so many of these websites I cringe at the lost potential.
Website designs have evolved dramatically from the early days, for good reason. Better thinking about what’s in the mind of the prospect, how they want information, how people perceive and absorb information, how strong design affects their perception of the strength of the firm, and so on.
A few of the biggest problems I see:

  • Websites designed by website designers, attorneys and administrators instead of marketers.
  • Websites written by website designers, attorneys and administrators instead of marketers.
  • The “all about me” approach. “Ain’t we wonderful” is the theme. Nothing about what drives clients to a firm – understanding of the clients’ industries, problems, goals and frustrations. As Steven Covey so elegantly put it in his vaunted “Seven Habits of Highly Effective People,” “first, seek to understand.” It’s called one of the most valuable business books ever written for a reason.
  • Websites designed in the frontier days of the web.
  • The classified ad approach. Packed with verbiage, these sites try to say everything on their home pages, and are often driven by the deep legal compulsion to couch everything in the most careful legal and ethical terms. The result is a flood of words that pushes readers away.

And there’s more, so much more. Good article from Bloomberg BNA on the subject, “It’s Time to Start Caring About Your Website.”

If you’re brave enough to hear a marketing expert’s unvarnished critique of your website call me. 407-830-9810.

Are You An Excitement Addict? What Is It Costing You?

The wonderful Susan Carter Liebel just posted a great article on the Solo Practice University site about entrepreneurial addiction – people who are serial entrepreneurs and love the creation process better than the implementation process, and get bored with established routine. Such entrepreneurs, inside or outside of the legal profession, are the life blood of a vibrant country.

I want to shine the spotlight on another, more troubling addiction that seems to be rampant in the legal profession. Excitement. It’s an addiction that typically takes a toll on the attorney’s practice, clients, family, and eventually themselves.

And make no mistake, it’s a true, medically-defined addiction. The more accurate term is “adrenaline addiction” because of the fight or flight hormone produced that is designed to speed us up when danger approaches.

A caveat here. A good, committed attorney will usually experience a consistent amount of stress in their daily practice. Being able to function well in stressful situations is a valuable trait. But for some, the stress either accelerates because of lack of understanding of how to manage and grow a practice, or sometimes because, in a real sense, they crave more of it.

The adrenaline-addicted attorney lives constantly on the edge. Always late for meetings and appointments, drives fast everywhere, never has enough time to do any forward planning to avoid the next crisis or to stay out of chaos, so chaos continues to reign. They are often at odds with judges and opposing counsel. They almost invariably have high staff turnover. They drink copious amounts of coffee or caffeine drinks. They cannot be separated from their mobile devices or their e-mail – 24 hours a day.

And tellingly, they also often have high receivables, because they often have poor judgment on client intake, are short on client responsiveness, and never find enough time to follow up on receivables. As a result, difficult, no-pay clients occupy significant time in their practice and their finances, creating yet more chaos. And in another sense, clients who are uncooperative are another chance for exciting conflict.

For the adrenaline addict, order, predictability, and procedural days are not exciting, but chaos and crisis are. Being late for appointments, arriving at the last minute in court, verbal jousting with frustrated clients and opposing counsel are. Even having high receivables is exciting in a negative way. After all, stress is the first cousin to excitement.

Many attorneys who profess frustration and stress about their practice are, unknowingly, excitement addicts.

Some are naturals. A common cause is growing up in an alcoholic family, where constant volatility and unpredictability created an atmosphere of fear and excitement, and a need to be hypervigilant.

And some were simply trained by the legal profession to be so. How does that occur? They may have begun their careers in firms where the workload was so overwhelming that they were always behind, and the management so overbearing that they were always under fire. In this atmosphere, young attorneys come to believe that high stress and constant crisis are normal components of a successful practice. And when they open their own firms or move to a less demanding and stressful position, they unconsciously go about creating the familiar – even though unpleasant – atmosphere.

How does the adrenaline addict feed their addiction? By –
Taking in difficult clients that, at some level they know will be a collections challenge.
Taking too many clients, so that they will always be overworked and under organized.
Not investing sufficient time with cases to strategize, schedule, get the work done, and build strong client relationships.
Not having sufficient support team, or even worse, not effectively utilizing their support team.
Viewing every encounter, from client to opposing counsel to judge, as opponents to be outsmarted and vanquished, rather than collaborators in the legal process.
Drinking 3 or more caffeinated drinks daily
Frequent offensive driving behavior, such as tailgating, speeding or road rage
Constant scheduling of appointments, meetings and events with little down time in-between, and always on-the-go
Frequently causing drama between him or herself and others, or knowingly putting him or herself into stressful situations

And the result?
For the practice –
• An attorney and staff who work long hours inefficiently and at a high level of stress
High staff turnover
High client dissatisfaction and resulting high receivables
Periodic grievances and even occasional malpractice suits
Damaged professional reputation
Financial struggles

For the attorney’s personal life –
Relationship turmoil, alienated children and family
Broken promises
Potential or actual health problems
• Lots of high-risk sports and activities
Other addictions, such as alcohol, gambling
Overspending, credit card debt, impulse buying, financial problems
Lots of toys quickly discarded

If you see a bit of yourself in any of this and want to make it different (and there’s the rub – it’s a hugely difficult addiction to give up), I’ve provided some useful reading below. And I’d be happy to chat about how I might help you change that behavior into others that promote a healthy practice and a healthier life. Give me a call at 407-830-9810.

Some useful reading:
Can You Be Addicted To Entrepreneurship? – Solo Practice University
The ACOA Laundry List of Traits, Trait 8 – Excitement
The Painful Reality of Adrenaline Addiction
How to Overcome Adrenaline Addiction: Tips From A Former Addict
Adrenaline Self Test
Are You Addicted to Your Own Stress?

Here We Go Again – The Busy Trap is Stopping Lawyers From Riding the Wave

There is a rising economic wave – yet many lawyers’ practices are full. They’ve suddenly become too busy to grow their practices. I haven’t encountered this since before the crash. Lawyers who a year ago were out hunbig-waveting for business are now hiding out, trying to get their work done, and ignoring their marketing.

Smart lawyers who see the wave coming get out their surfboards. They start asking “how do I need to evolve this practice to take advantage of the rising market?” Dumb ones put on their life jackets and just try to stay afloat. Their mantra is “I’m too busy – I don’t have time to market!”

So, a blunt question: when is the best time to fish? When the pond is dry, or when it’s been re-stocked?

The firms that will survive and prosper are led by forward-thinking managing partners who monitor their attorneys’ workloads and proactively intervene to provide more support, more resources, and practical training on team management. They help attorneys evolve from worker-bee to a true legal CEO.

But the reaction of most firms is to hunker down. “We don’t need more help – it’s too expensive. The harder we work, the more profit we take home.” As a result they burn out their team, increase turnover of good team members, and miss the opportunity for spectacular growth.

Is your firm hunkering down in the face of a growing economy, or is it seeking to ride the wave?

If you’re in hunker down mode and want out, let’s talk. Call me at 407-830-9810.

The One-Stop Shop: Divorce Advice, Face Creams and Sex Therapy

The latest from Britain points the way to a bizarro-world for the legal profession. Britain and Australia have radically liberalised (Brit sp.) their legal systems, allowing alternative business structures (ABS), multi-disciplinary practices and non-lawyer ownership of law firms. Canada is soon to follow – read the full recommendations in “Futures: Transforming the Delivery of Legal Services in Canada”

The latest bounty from the change in Britain: “The Beauty Lawyer,” Cià Gabriella Manes, is offering a smorgasbord of services from DIY divorce advice to anti-aging face creams and, yes, sex therapy.

I made an audacious prediction when Canada released its recommendations. I predicted plaintiff firms with medical facilities and auto repair shops. Now that prediction seems a bit tame.

Read the full story HERE.


2015 Report on the State of the Legal Market – It Ain’t Pretty.

The Managing Partner Forum has just released its 2015 Report on the State of the Legal Market. And it’s not pretty. The most salient quotes:

“In the six and a half years since the onset  of the Great Recession, the market for legal services has changed in fundamental – and probably irreversible – ways …the legal market is now awash with new, non-traditional competitors that over time are likely to change the dynamics of the legal services sector in significant ways.”

“The regulatory barriers that for decades have shielded law firms from such competition are collapsing around the world and, even in countries like the United States where formal regulatory constraints remain largely in place, creative “workarounds” are proliferating. Clearly, a much more vibrant and competitive marketplace is emerging.”

“…There is now strong evidence that the U.S. legal market has segmented into discernible categories of highly successful and less successful firms, and that the performance gaps between those categories has been steadily widening.”

The shifting dynamics of the legal services market underscore the critical importance of law firms taking a strategic and long-range view of how their clients, their practices, their markets, and their competitors are changing. . . The resistance to change may also be rooted, ironically, in the very success that the legal industry enjoyed prior to 2008 and, by at least some measures, continues to enjoy today. We may, in other words, be victims of our own success.”

And more…

“Since the collapse in demand in 2009 (when growth hit a negative 5.1% level), demand growth in the market has remained essentially flat to slightly negative.”

“Demand growth in litigation. . . remained negative, as it has been more or less since the recession in 2008.”

“It is increasingly clear that the buying habits of business clients have shifted in a couple of significant ways that have adversely impacted the demand for law firm services.”

“…the major accounting firms again appear to be aggressively pursuing opportunities in the legal sector as well.”

Read the full report HERE

Need some advice on navigating your ship safely to the future? Some directions at or or

A Cautionary Tale for the Small-Firm Lawyer In the Fall of Dewey

An astounding relevation in the article “Judgment Day” about the fall of Dewey LeBoeuf, in the February ABA Journal.

“…Many partners asked a lot of questions about the firm’s accounting in the years leading up to the firm’s demise. They did not always receive complete responses, and the pattern was that the partners would get busy on client matters and not follow through.”

As the X-ers say, OMG. Many of the smartest lawyers on the planet were too busy doing their work that they failed to get a clear picture of how the business was working.

The message for small-firm lawyers is simple. Never get too busy working that you aren’t making sure the business itself is healthy. What does that look like?

  • Tending diligently to your marketing. Making sure you have a strong business network and that new clients show up regularly, and that no client represents more than 25% or your revenues.
  • Managing the income stream: making sure all billable team members are billing at least 3 times their base salary or draw by recording hours diligently and pushing down non-billable work.
  • Making sure billings go out promptly with client-friendly explanations, then maintaining a close eye on receivables
  • Maintaining strong client relationships – not becoming so immersed in “the work” that you ignore the client who brought it.
  • Managing overhead. Reviewing financials (or having a professional do so regularly) to ferret out unnecessary expenses.
  • Being highly selective with client intake, and letting the bad clients and bad work that sneaked in go quickly.

I was recently called into a firm of 5 partners and eight associates to do an operations analysis to discover they had nearly $3.5 million in receivables on the books. Nothing short of catastrophic management from every side: managing new intake, managing billings, managing AR, and managing the attorneys who were (still) creating this mess.

Lawyers were taught the law, not the business, and that too often means they ignore the dull, dry business side they don’t feel comfortable with in favor of the legal side they know. And in doing so, they can kill their practices.

If you’re not willing to be the financial manager, pay a CPA to guide you. If you’re not willing to be the operations and team manager, hire a firm administrator to do so. 

Most small firm attorneys will say “I can’t afford that.” but they can afford to spend sometimes as much as half their time doing the non-billable work of managing the store – and doing it badly – while losing the opportunity to do more billable work and more marketing.

The logic here is counter-intuitive. Spend more money to hire the right people – and end up making far more than the expense, creating a more stable business – and living a less stressed, crazed professional life.

If you need advice on how to turn your ship more directly into the winds of growth, call me at 407-830-9810 or email me at  Always happy to offer my thoughts. 

Read the complete article “Judgment Day” in the February ABA Journal HERE.

You Won’t Need an “Emergency Plan” for Your Practice if You Have A “Growth and Success” Plan In Place

Susan Carter Liebel just posted an article on the Solo Practice University blog – a powerful and meaningful story that every sole practitioner needs to read and heed: “Emergency Planning – Thinking About the Unthinkable.”

But – in my opinion it doesn’t address the underlying issue. The best attorneys don’t need an “emergency plan” because they have built a FIRM with systems, procedures and team members who know – because they’re working on – everything that’s going on – every client, every file. Maybe it’s only one well-qualified paralegal/assistant, or maybe its a sharp associate and several team members. With this, another attorney can walk into the practice and have all the tools necessary to keep it moving and keep clients safe. In fact, even when the attorney is not there – whether for an emergency or a vacation – that good team is taking care of clients and watching over the practice. The solo-solo or the solo with only an untrained clerk don’t have anyone besides themselves who know what’s going on in the practice. They may have lists and stack of files, but most usually all the critical information is in their head.

As Michael Gerber said in “The E-Myth,” if nothing gets done when you’re not present, you don’t have a business – you have a job.” And there’s another issue. The attorney with no team has an absolute limit on his or her firm’s growth, because they have an absolute limit on their time and energy. And their family often has a limit to their tolerance of an absent spouse or parent.

So the greater truth is that the better kind of “emergency plan” is really a plan for growth and success – and the possibility of having a personal life. I just did a 10-minute video titled “The Almost Lone Ranger Syndrome”  that addresses exactly this issue. I just don’t address it as an “emergency plan” issue.

Sams Club Makes Legalzoom a Member Benefit

I predicted the further commoditization of legal services in a recent post, “The “Walmart Lawyer” Has Arrived.” Now Walmart has gone beyond its Canadian experiment with Avvo and rolled out Legalzoom nationwide. Just as I predicted.

This from today’s edition of The Florida Bar News:

“Legal Zoom did more than 1 million wills last year. It’s now a benefit for members of Sam’s Club, whose stores may eventually have lawyers on site. Avvo, which started as a lawyer rating service, now links a potential client to a lawyer every eight seconds and is setting up a service where anyone can speak to a lawyer for 15 minutes, for $39.” Read the full Florida Bar article HERE.

What is the bigger picture here? Bar associations, starting with the ABA, have so badly failed their profession that thousands of lawyers are inevitably – and in many cases, not even gradually – losing their ability to make a living at the law. Bar associations are tragically far behind the curve in serving the needs and interests of their members. The very organizations which used to protect entry to the hallowed portals of the law and keep legal services expensive, are now at the back of the pack, trying to react to the fast-moving world of business.

Futurists such as Richard Susskind in “The End of Lawyers?” and Jordan Furlong, in scores of far-seeing posts on his blog (and occasionally myself) have been laying it all out in chapter and verse for years.  And Bar associations have done essentially nothing – at least nothing substantive – to respond. They have been re-arranging deck chairs on the Titanic.

The next big challenge for Bar associations – to which they will fail to rise – is the rising tide of transformation in the profession in Australia, Britain, and soon, Canada – multi-disciplinary practices, non-lawyer ownership of law firms, and more – as outlined the the Canadian Bar Futures Report (an absolute must-read). Bar associations will dither and quibble until the questions become irrelevant, as outside forces take over.

As I and scores of others have predicted, the bottom half of the market for legal services – the “commodity” half (where a great percentage of most attorneys live) is going away, or becoming commoditized to the $39 level now offered by AVVO.

The top half – where legal services are more complex and problems and solutions more unique – can survive, but only by taking dramatic steps to re-invent how they accomplish and deliver their services. For they too are coming under immense pressure from corporate clients who are no longer tolerating the “black hole” approach to billing. Pfizer fired one of the first shots here as early as the mid-2000’s. They announced that they were spending nearly half a billion dollars a year on legal services, and were firing half of their law firms and requiring the rest to provide services on a flat-fee basis. Thousands of companies are following suit.

The solutions? The “legal project management” approach, in whole or in part. As currently taught, it is aimed at mega-matters, and is far too complex for many practitioners (just like much case management software). But focus on internal capacity and efficiency – building strong, efficient and fast-moving teams – is essential to safe navigation of the future, even at the “bespoke” level of the law.

To survive attorneys and law firms must take heed of the principles I put forth in my “Heirarchy of Value of the Attorney In the Practice.”

First and most important – marketing – making sure we have clients to serve. Without clients, the attorney’s skills are irrelevant.
Second – client relationships – making sure the client is being well served (by the team), is happy with the work, speaks well to others about the attorney, and comes back with more work.
Third – Creating the strategy and direction – the roadmap – for the matter. I call this the “wisdom” piece.
Fourth – leading the team to get the result. Leading, not doing it all.
Fifth – the high-level legal work which no team member can do. This hearkens back to the strategy, but also means key client meetings, depositions, hearings, mediations, and trial. This is the neurosurgeon approach. He or she has a team that provides all the initial work, preps the patient for surgery, and often even does the initial opening. The neurosurgeon does only that part of the surgery that no one else can do. And when they’re done they leave the team to close and complete the surgery.

If you’re looking into the face of a rapidly changing marketplace and could use some input, call me. Always happy to offer whatever advice I can. 407-830-9810.

More rants – and more solutions – in coming posts.

Maybe Marketing Isn’t Your Problem!

In many areas of the country, the market is heating up, and when that happens, the biggest danger isn’t necessarily lack of marketing – it’s the fact that attorneys have only so much time and capacity to get the work done – and when they’re on overwhelm, they’re not marketing to capture all the additional work that’s available.  And even worse, they’re not able to deliver the best service to their current clients.

So, marketing isn’t necessarily your biggest obstacle. It might be your CAPACITY AND EFFICIENCY. And how do you increase it?

“Systems, Sorta Systems,”  part four of my video series  “Seven Ways Good Law Firms Lose Money,” discusses how poor systems – or poor use of systems – can seriously hamper a firm’s growth. It’s just 10 minutes long, and it’s worth circulating to every attorney.

The larger issue here is that the profession is moving in the wrong direction – shrinking support rather than increasing it. Steve Jobs didn’t stay in the garage building computers – he assembled a team to do almost everything he was doing, except the most important parts – the ideas and the leadership – what I refer to in the legal profession as the “wisdom” piece. When the attorney is using their time doing work that could be done by an associate, a paralegal or an assistant, they are not operating at their highest value. They have a practical ceiling on how many files and how many hours they can work – and how much time they have to make sure more business comes in.

There is a mistaken belief that technology can substitute for team. Only partly true. The lawyer without a team but with great technology has simply raised their ceiling, not removed it. And in the process they have trapped themselves inside the machine.

As Michael Gerber put it so succinctly in his book “The E-Myth,”  “if no work gets done when you are not present, you don’t have a business – you have a job.”

The path to an unlimited practice is paved not with Ipads and software, but people, systems, procedures – but most of all, great leadership and great management – of which the legal profession is in short supply. Almost every day, I help lawyers expand the

Don’t miss “Systems, Sorta Systems,” or any of the first four parts:

“A Checkbook Mentality”
“Technicians In Charge”
“The Almost Lone Ranger Syndrome”

And of course, call me if I can help Always happy to talk, no charge. 407-830-9810.

The Rising Schizophrenia In Our Profession

Much has been written recently about the increasing gap between the haves and the have-nots in this country. There’s clear evidence that, while the rich are getting richer, the middle-class is increasingly being squeezed, and a large percentage of them are heading for lower middle or even lower class financial status.

It’s the same in our profession. Some attorneys and firms are enjoying boom times, while an increasing percentage are struggling financially. (Read Susan Carter Liebel’s recent post 80% of Americans Can’t Afford Your Legal Fees”). For some the issue is how to cope with overwhelm – that is, how to increase capacity and efficiency, and take maximum advantage of boom times. For others, the issue is, literally, professional survival: how to attract sufficient business to stay afloat.

The solutions for both situations are radically different. But the root issue is the same: attorneys must break out of more traditional thinking and take dramatic and, yes, often risky, steps to change direction.

The “haves” of the profession must literally rethink who and what they are. Most are still stuck in the traditional “technician” role, simply working ever harder as more work comes in. The road out for them is reinventing their role – from “doing it, doing it” to creating, leading, and managing teams. Without this change they are actually limiting their ability to grow even more because they are working at – and usually even beyond – their capacity. These fortunate attorneys have even more work available to them – if they only had time to market and the capacity to handle more work. Where I have helped attorneys evolve from do-er to team leader, dramatic revenue increases have followed.

For much of the rest of the profession – the comfortable middle class and those who are struggling – the issue is more visceral: how to survive and thrive in a dramatically more competitive environment, and one in which the price and value of basic legal services is collapsing.

For them rethinking is about marketing. They must move from “marketing by wandering around” and living in hope to tight and aggressive focus on target markets, and evolving their services from general to more niched and specialized. In effect, they must identify and own specific “small towns” – that is, special interest communities – where they can become highly visible and preeminent. And this tight focus must also incorporate Web, social media and even advertising. But the result is dramatic: stabilized and increased income, and a strong, long-term position as the “go to” attorney in their specific “small towns.”

For both groups, there is a road up and out of their present positions. And for both, it starts with a new answer to the question “who am I as a professional?”

Call me if I can help.

The “Walmart Lawyer” Has Arrived

Back in January 2013 I wrote a post predicting “The Rise of the Walmart Lawyer.”

The rise has begun.

My prediction was that Walmart would contract with young lawyers who would then utilize an online legal document generation program like LegalZoom – and offer advice on which pre-packaged legal documents the consumer needed.

It’s begun in Canada, and not quite the way I predicted. The reality is actually more radical. Axess Law, a new-wave Toronto firm, is now offering “bespoke” legal services from a tiny rented space in the front of several Walmart stores in the Toronto area, with an eye to expansion. And they’re actually using their own proprietary documents and software akin to LegalZoom, more Canada-specific, and not quite so “canned” as LegalZoom

What makes them different?

Price, of course. Simple wills $99, notary services $25. And a carefully limited range of services. More complex work is referred out.

Business model: volume. The traditional law firm model was based on scarcity, which no longer exists – one of the reasons the profession is in trouble.

Accessibility: drop-by and drop-in service, no appointment necessary. Hours – 7 days a week, 8 a.m. to 8 p.m. They say that the hours of 5-8 are their busiest – just when other legal offices are closed.

How are you changing to deal with the future? If you provide a “commodity” level of services, you are in danger. If Walmart does it, are Target, Kohls, Kroger, Walgreens and CVS – in partnership with hundreds of other new-form law firms –  far behind? You need to read the full article. It’s one of the waves of the future – but not the only one.

If you’re worried about your future – contact me. Let’s talk.