Sui Generis--a New York law blog

Increase your firm’s bottom line in 2024 by offering client-centric payment options

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

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Increase your firm’s bottom line in 2024 by offering client-centric payment options

Most legal clients rarely plan to hire a lawyer. While we’d like to think that the need to retain an attorney is driven by a careful and premeditated decision-making process, the truth is that people don’t often seek legal counsel unless an unforeseen event forces their hand. This reality, where legal support is more a necessity than a choice, presents a unique opportunity for law firms. By implementing flexible payment options, your firm can help bridge the access to justice gap by easing the financial strain for potential clients. This strategy attracts more clients by making your firm’s services more accessible, and also directly increases your firm's revenue, laying the groundwork for a successful 2024.

There are many ways to increase both profitability and the likelihood that prospective clients will be able to retain your firm in the coming year. Understanding how other firms have successfully achieved this goal is one approach. For this type of insight, look no further than a recent Report (online: https://www.mycase.com/reports/2023-benchmark-report-getting-paid/), which provides a variety of data points that offer financial insights gleaned from law firms across the country. The anonymized data analyzed in the Report was obtained from the MyCase practice management and LawPay payment processing platforms and includes collection rates, payment timeframes, and the impact of offering legal clients payment flexibility. Using this benchmark information, you can deploy actionable strategies that will ensure a profitable year of growth for your firm.

Let’s start by considering the average invoice collection realization rate. This metric, which provides insight into the effectiveness of a law firm’s billing processes, is calculated by dividing the amount of revenue collected during a specific timeframe by the amount billed to clients and then multiplying that number by 100. The higher the invoice collection rate, the more efficient your firm’s invoice collection process.

One benchmark provided in the Report was the invoice collection rate for solo practitioners. The data showed that over the course of a year, solo practitioners billed 685,044 hours of work and invoiced $343,894,240 to clients. The total amount collected for all invoices was $158,348,081, resulting in an invoice collection realization rate of 46%. This collection rate is a useful point of comparison since it offers a benchmark that you can use when determining your firm's invoice collection goals for the coming year.

Next, let’s consider how law firms are providing payment flexibility and increasing both profitability and access to their services. According to the Report, law firms that accepted online payments had a significantly higher and faster collection rate. The recovery rate for invoices paid through online payments was 50% compared to 17% for those paid via checks or cash. Notably, firms that accepted online payments (compared to cash and checks) collected an additional 33% and received payments at least twice as fast.

Another way lawyers are making it easier for clients to retain their firm is by offering payment plans. If you are holding off on utilizing payment plans because you aren’t sure how effective they are, the Report provides insight. The data showed that the average payment plan length was 258 days, the average number of payment plan invoices and reminders sent to customers was 37, and the average collection rate was 61% of the full amount owed. You should consider this collection rate, along with the administrative lift required, when setting up a payment plan at the start of a case. Doing so will ensure that your firm is sufficiently compensated for its work throughout the life of the matter.

Finally, another flexible payment option analyzed in the Report is a legal fee loan. This payment option allows legal clients to defer paying the full amount of the legal fee upfront by working with a third-party lender. Once the loan is approved, the lawyer is paid the full fee upfront by the lender, and the client then makes regular payments to the lender. According to the Report, the average loan length was 16 months and the average loan amount was $2,592. Lastly, the data showed that lawyers received their full legal fee within three days of the loan approval.

No matter how you view the data in this Report, one thing is evident: the integration of flexible payment options isn’t just a client-friendly approach—it’s a strategic business decision that can significantly boost your firm’s bottom line. Because legal needs often arise unexpectedly, providing clients with adaptable payment methods can be a decisive factor in their choice of legal representation. By prioritizing client convenience, your firm not only stands out in a competitive market but ensures strong, long-term client relationships and sustained financial growth in 2024.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].

 

 

 

 

Beyond Word of Mouth: Proven Data-Driven Client Acquisition Methods

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

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Beyond Word of Mouth: Proven Data-Driven Client Acquisition Methods

What used to be tried and true client acquisition methods are no longer reliable in today’s digital world. Word-of-mouth referrals alone no longer suffice. In 2023, traditional approaches are complemented—and often overshadowed—by a variety of online client acquisition channels, including online search, social media, and paid online ads. The right mix of digital and traditional lead sources can set a practice apart, and understanding and leveraging the appropriate online channels is key for any firm looking to thrive in today's competitive legal marketplace.

Of course, every lawyer is different, and a firm’s practice areas will necessarily dictate its online marketing strategy. In today’s ever-changing online environment, the challenge is to identify the most affordable and impactful lead-generation approach for your law firm. If you’re not sure where to begin your research, the data from the recently published “LawPay and MyCase 2023 Benchmark Report Part 3: Getting Leads” is a great place to start.

This Report draws on anonymized data obtained from the MyCase and LawPay platforms. It provides lead generation insights, including a deep dive into lead sources, lead conversion rates, and the impact of payment types on consultation fee collection.

One important data point covered in the Report is lead conversion rates. Lead conversion rates are calculated by dividing the total leads converted into paying clients by the total number of leads overall during that same timeframe. The report reveals that, in 2023, the average lead conversion rate for lawyers in the database stands at 24%. Compare that percentage with your firm’s lead conversion rate to see how your firm stacks up. If your rate is significantly lower, it’s a sign that you may need to make some changes to your firm’s marketing processes.

There are many ways to do this, one of which is to add a client intake or contact form to your law firm’s website. This is an effective way to make your law firm more accessible to potential clients, especially during off hours, such as evenings or weekends. According to the Report, lawyers with client intake forms embedded on their firm websites captured an additional 58,395 leads in 2023. Of those leads, 10,286 ultimately became law firm clients. Given those numbers, don’t make the mistake of overlooking this relatively simple path to increasing your firm’s client base.

Of course, there are many other online marketing options available to lawyers. The tricky part is figuring out where to invest advertising dollars. The days when billboards, event sponsorships, or newspaper and TV ads sufficed are long gone. Instead, the online world offers a vast number of marketing avenues. This reality makes it difficult to know where to begin. 

Fortunately, the report's data offers valuable guidance. Your firm’s practice areas and associated clientele necessarily determine where you should focus your efforts online. For example, if your firm represents mostly business clients or professionals, then Instagram is probably not the best choice, and LinkedIn would be a better fit. That’s why the final section of the Report lists the top online lead sources for many different practice areas. Locate your practice areas and use the applicable data to make informed decisions about your firm’s marketing strategy.

Finally, don’t forget about the value of charging for consultation fees. The benefit is twofold: it signals that your time is valuable, and can also bring in significant revenue. According to the Report, lawyers who charged for consultations collected nearly $19 million from potential clients in 2023. Of that amount, nearly $17 million came from online payments for consultation fees. In other words, prospective clients were eight times more likely to use online payment processing tools than more traditional payment methods like check or cash. 

We live in a digital-first world, and navigating the ever-changing online environment is no small task. If you’re feeling overwhelmed, you’re not alone. For many lawyers, adjusting to the pace of change and evolving lead generation options may seem daunting. That’s why data is your best friend; it equips you to make strategic, targeted marketing decisions for your law firm that will set it up for long-term growth and profitability. 

So what are you waiting for? Dive into the Report, embrace its insights, and set the stage for your firm’s marketing success!

Nicole Black is a Rochester, New York attorney, author, journalist, and the Head of SME and External Education at MyCase legal practice management software, an AffiniPay company. She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at [email protected].

Round Up: Secure Communication, Post-Pandemic Law Firms, Practice Management Software, and More

I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won't include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Here are my posts and articles published from April:

• Manage your bankruptcy law practice with this software - ABA Journal
• The Fate Of Midsize Firms In A Post-Pandemic World - Above the Law
• When Bar Associations Innovate, Everyone Wins - Above the Law
• Managing, Motivating, and Retaining Remote Law Firm Teams - MyCase Blog
• Discover New Practice Areas That Can Scale - MyCase Blog
• The Importance of Secure Communication and Collaboration in 2021 - MyCase Blog
• The Post-Pandemic Law Practice: What Lawyers Expect - MyCase Blog
• The Post-Pandemic Law Practice: What Legal Employers Need to Know - MyCase Blog

New York on withdrawing as counsel due to COVID-related fears

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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New York on withdrawing as counsel due to COVID-related fears

In New York, court appearances have been sharply curtailed at times due to the pandemic. Online court appearances have become commonplace out of necessity and have been surprisingly well-received, especially by some members of the judiciary.

That being said, in-person court appearances are sometimes still required, even as COVID-19 numbers are on the rise. For lawyers who are uncomfortable with the safety and security measures being taken by courts but are nevertheless required to appear in person, what are you options?

That very issue was addressed in early October by the New York State Bar Association’s Committee on Professional Ethics in Opinion 1203. In this opinion, an attorney who was representing a client in Immigration Court sought permission to withdraw from representation due to the attorney’s health concerns relating to in-person court appearances. The issue considered by the Committee in this case was whether “an attorney who believes that continued representation of a client before a tribunal endangers the attorney’s health (may) withdraw from that representation?”

In reaching its determination, the Committee noted that Rule 1.16 was controlling. The Committee explained that Rule 1.16(b) permits withdrawal when “the lawyer’s mental or physical condition renders it difficult for the lawyer to carry out the representation effectively.” According to the Committee, when assessing whether representation has  become too “difficult,” the standard to be applied is a flexible one and the inquiry should center around “the ways in which the inquirer’s fear of contracting COVID-19 could impede effective representation.”

Next, the Committee acknowledged that under the Rule, there were other permissible circumstances for withdrawal from a case, but they only applied if withdrawing would not have a materially adverse effect on the interests of the client or if the client consents.

Then the Committee turned to the situation at hand and explained that in order to withdraw from representation in Immigration Court, Rule 1.16 (d) required that the attorney obtain “permission for withdrawal from employment (since it) is required by the rules of (the) tribunal.”

The Committee explained that the issues that the Court would need to consider prior to granting the inquirer’s request would be whether it would be difficult for the attorney to provide effective representation due to fear of contracting COVID-19. The attorney’s trepidation could impact effective representation if the lawyer: 1) was reluctant to meet with the client face-to-face, 2) agreed to a disposition that would prematurely end the proceeding in order to reduce the amount of time spent in court, or 3) rushed through a hearing and failed to call witnesses to testify on the client’s behalf or waived cross-examination of government witnesses in order to shorten the hearing and thus time spent in court. The Committee opined that “(t)he standard required for Rule 1.16(d) permissive withdrawal would be met by any of these influences, or like influences, to which the inquirer would be susceptible.”

Accordingly, the Committee determined that an “attorney may withdraw from representation, with the permission of the Immigration Court, based on fear of contracting COVID-19 as a result of in-person appearances in the proceeding, where such fear renders it difficult for the attorney to carry out the representation effectively.” Upon doing so, the attorney would need to “take steps, to the extent reasonably practicable, to avoid foreseeable prejudice to the rights of the client, including by giving reasonable notice to the client, allowing time for employment of other counsel, delivering to the client all papers and property to which the client is entitled, promptly repaying any part of a fee paid in advance that has not been earned and complying with applicable laws and rules.”

If you’re a New York attorney and are concerned about the risks associated with returning to in-person court appearances, this opinion should provide you with some solace. Of course, there is a very real possibility that this will soon be a non-issue since in-person court appearances may once again be cancelled for an indeterminate period of time. After all, the pandemic shows no sign of abating any time soon, and the winter months could bring with them a surge in cases above and beyond what we saw in the spring. Only time will tell, but in the meantime, stay safe out there!

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

The importance of planning for law firm resiliency during COVID-19

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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The importance of planning for law firm resiliency during COVID-19

As the COVID-19 pandemic continues to surge in some parts of the country, you’re likely wondering about the future of your law firm and its book of business. One way to abate those concerns is to prioritize preparing your firm for whatever may come. Make sure you’re never caught flat-footed and take steps to ensure business resiliency no matter what happens. Why? Because that’s the only way to ensure future success and stability.

Prior to COVID-19,  you may have thought that this type of disaster was unlikely to happen to your law firm. But now that we’re in the midst of an unprecedented pandemic, are you really willing to take that chance again? That’s why it makes sense to plan for the future disruption, whether due to the pandemic or otherwise. Because, if nothing else, this pandemic has shown us that it never hurts to prepare for the unexpected.

Part of preparing for uncertainty includes building business resiliency into your law firm.  Business resilience ensures that your law firm is able to quickly pivot and adapt to unexpected  disruptions, thus allowing it to continue to operate and represent your clients’ interests even in the face of uncertainty. A major part of resiliency planning includes assessing risks to your firm’s business in the event that different types of disruptions occur.

Business resiliency is more than simply an emergency response plan. The end goal is to ensure that not only does your firm get up and running quickly, but that it is also able to operate smoothly and efficiently in the weeks and months following a disaster without skipping a beat. While this may seem like an overwhelming – or even impossible – task, it’s actually more attainable than you might think, especially if your law firm has a solid plan in place that includes the necessary technology.

The very first task you’ll need to undertake in building business resiliency into your firm is to assess its technology arsenal and ensure that you have the cloud-based software tools in place that will allow everyone in your law firm to seamlessly communicate and collaborate from any location no matter what the circumstances. Once you’ve done that you’ll need to consider all critical business functions – such as operations, human resources, and public relations – and determine which ones will need to continue to function in the immediate aftermath of a disaster or other unplanned event.

Next, you’ll need to identify the top threats to its business continuity. Some of those threats are universal, such as a pandemic, cyberattack, or utility outages. Others will be more specific to the geographic regions in which your firm’s offices are located. For example, many potential natural disasters will vary greatly depending on location. So you’ll need to determine the natural disasters most likely to strike your offices and affect your firm’s operations and how to respond to them. Once you’ve done that, you’ll better able to determine your firm’s top goals and priorities, which will necessarily inform the process of creating your firm’s business resiliency plan.

As we’ve learned from the current pandemic, it’s impossible to predict when uncertainty will strike, whether because of a natural disaster or otherwise. That’s why it’s pivotal to have a business resiliency plan in place. You’ll be laying a foundation that will allow your firm to survive and thrive down the road, no matter what obstacles you encounter. So what are you waiting for? Invest in your firm’s future by creating a business resiliency plan today.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

More law firm reopening guidance, this time from the Indiana State Bar Association

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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More law firm reopening guidance, this time from the Indiana State Bar Association

Now that some states are flattening the curve, guidelines are being established to allow phased reopenings of businesses, including law firms. Of course, no one’s ever attempted to reopen businesses after a worldwide pandemic, sowe’re in uncharted territory. No doubt you’re wondering how to go about the reopening process in an efficient and safe manner.

Fortunately, there’s guidance out there to help you do just that. In my last column, I shared advice from the New York State Bar Association’s guide on reopening law firms. This week let’s take a look at the guidance provided in another recently released resource: the Indiana State Bar Association’s Guide, “Reopening Your Practice.” 

At the outset of this Guide, the Committee acknowledged that the guidelines were simply advisory. Because firms have different sets of resources, every firm won’t necessarily be in a position to ensure all that each and every piece of advice is implemented. That being said, the Committee emphasized that the overarching focus for any firm seeking to reopen, regardless of its financial circumstances, should be to ensure the safety of law firms employees and clients as best as possible.

Next, the Committee moved on to providing advice for firms in the process of returning their staff to the office. First, the Committee laid out the primary categories that firms need to address prior to reopening a law office. The Committee explained that there are six readiness essentials that firms need to think:

• Control access points: Consider protocols for safety and health checks, building reception areas, shipping and receiving, elevators, and visitor policies.
• Prepare the building and workplace: Consider cleaning
plans, pre-return inspections, HVAC, and mechanical checks.
• Prepare the workforce: Develop plans to mitigate anxiety by creating policies for deciding when each employee returns and establishing an employee communications plan.
• Create a social distancing plan: Consider options to keep workers at a safe distance, which may include new seating arrangements and establishing office traffic patterns.
• Reduce touch points and increase cleaning: Consider keeping doors open and develop protocols for cleaning work areas and common areas.
  Communicate for confidence: Recognize that employees may have concerns about returning to work, so communicate transparently, and listen and survey regularly.

In the remainder of the Guide, the Committee focused on each readiness essential in order, providing a detailed explanation of the factors that firms should keep in mind when addressing that particular category. For example, for the first consideration - controlling access points - the Committee advised that firms will need to establish procedures that control access points in the firm. Those may include: 1) erecting barriers to enforce social distancing, 2) closing off certain entrances and exit points, 3) implementing visitor health protocols, and 4) posting signs around the office that clearly set forth expectations for everyone who enters.

The Committee covered each category of readiness in kind, so make sure to read the entire guide for specific recommendations for each one. Once you’ve done so, create a transition committee, as discussed in my prior column, that will be responsible for establishing a plan for the return to the office using the recommendations provided in both reopening guides. Once you’ve done so, your firm will be well on its way to successfully reopening it doors, as safely as possible, with the health of your employees and clients top of mind.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

NYSBA Releases Guidance on Re-Opening Law Firms

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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NYSBA Releases Guidance on Re-Opening Law Firms

Right now, most New York law firms are closed as a result of the Governor’s mandate relating to COVID-19 shelter-in-place requirements. But that will soon change as some parts of New York State begin to transition under the Governor’s 4-phase regional re-opening plan. Because law firms are permitted to return to work during Phase 2, they will be some of the first businesses to re-open in qualifying parts of the state.

If your law firm is located in one of the first 3 regions that will re-open next week (which includes the Finger Lakes Region, where Rochester is located), you may not know how to go about safely beginning the process of opening your firm’s doors for business. After all, this pandemic is unprecedented in modern times, and it’s far from over. Life as we know it has changed, and as long as this virus continues to be transmissible in the absence of a vaccine, the only option is to proceed with caution and institute policies and procedures that will protect law firm employees and clients. The trick is figuring out how to do that.

Thankfully, the New York State Bar Association recognized that lawyers might be uncertain as to how too proceed and presciently prepared a guide to assist New York law firms in re-opening. The “New York State Working Group Guidance on Re-Opening Law Firms." was released last week and provides an informative roadmap for law firms to follow as they transition back to in-office work. The Guide addresses all of the issues you’ll need to think about when re-opening your law firm and provides helpful advice to keep in mind as you tackle each step.

First, the Guide advises that firms should establish a re-opening transition team. The team should be prepared to create a plan to address the following issues:

Monitor oversight of the re-opening plan and implementation;
Develop and update, as needed, internal policies and procedures for the transition from remote work to the workplace;
Communicate with legal and support staff with one voice regarding the transition process, set forth clear expectations and offer firm-wide training, as needed;
Field questions or concerns;
Become familiar with federal and state statutes and programs governing office safety and human resource issues;
Develop an employee testing plan for testing employees for the virus; and
Develop client and visitor policies.

Two important phases of re-opening a law firm that are covered in depth in the Guide are preparing the workplace and preparing employees. One notable recommendation relating to returning to work is to stagger work schedules in order to enforce social distancing and is an indication of how much this pandemic will affect our workplaces for the foreseeable future. Specifically, the advice provided was to stagger workday hours and monitor employees returning to the office, while also allowing some employees to continue to work remotely:

• Take into consideration lawyers and support staff in more critical areas of practices less attuned to remote employment and phase in other practice areas over designated periods;
Anyone who can effectively work remotely should continue to do so until further notice;
Discourage visits by lawyers from other branch offices; and
Maintain attendance sheets to provide responsible contact tracing information, if needed, and to limit and track hours in the office.

Speaking of working remotely, another very relevant area of focus in the Guide is the advice provided on how to conduct business in a way that is both safe and productive. As explained in the Guide, part of finding that balance hinges on making use of technology like cloud-based legal software and videoconferencing tools to facilitate effective and efficient remote work while also enforcing revised policies regarding employee movement and behavior while at work:

Encourage the use of technology for remote mediations/ hearings/arguments and depositions;
No in-person meetings in the office among attorneys and support staff for at least a specified time;
Limit the number of people coming in the office at the same time;
Limit unnecessary employee movement within the office;
Specify what work people need to do in the office to attempt to limit time in office;
Implement the virtual notarization requirements to limit in person contact; and
Restrict the use of office printers and copiers to avoid personal contact.

Those are just a few highlights from this informative and very timely guide. Make sure to read through the entire document thoroughly and implement the policies and advice set forth therein.

We’ve undergone a long and unexpected break from the workplace and are all eager to return. But in doing so, it’s important to tread cautiously and implement policies and procedures that will protect your workforce and clients. This guide is a great place to start.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected].

Staying Connected With Your Law Firm Team During COVID-19

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Staying Connected With Your Law Firm Team During COVID-19

Your entire law firm is suddenly and unexpectedly working remotely. Now what? How do you ensure that your entire staff is able to communicate and collaborate effectively while working from their homes?

If you’re wondering what to do next are, rest assured, you’re not alone. Remote work is uncharted territory for most law firms. Fortunately, by creating a remote working plan and establishing remote working procedures, you can create a supportive structure for your remote law firm that will streamline communications and encourage productivity.

• Here are some steps to take when creating your law firm’s remote working plan that will help you get your virtual law office up and running as quickly as possible:
• Secure and take stock of your office hardware assets by inventorying your firm’s hardware and distributing it as needed to all staff who will be working remotely. 

• Similarly, determine which files you’ll need access to and ensure that you have a way to electronically access them. For many law firms, the easiest way to accomplish this is to use cloud-based law practice management software.

• Ensure that you’ve put necessary technology tools in place to promote remote work and facilitate collaboration and ongoing communication.

• Establish a communication plan that includes multiple ways to communicate both within your firm and externally. In addition to using the communication tools and portals built into your chosen law practice management software, you’ll likely also need to set up VOIP phone systems, an electronic fax tool, and a video conferencing tool. 

• Make sure that you’re able to access all of the client data that you need in order to work remotely on pending matters.

• Have a plan in place for receiving online payments from clients and for payroll; that way clients can continue to pay their bills and your employees will continue to get paid.
• Protect law firm data, and ensure that everyone working remotely understands client confidentiality issues and uses the software you’ve chosen for all client matters.

It’s also important to support your remote team during this crisis. Transitioning from working in an office to working from home is difficult enough and the chaos and confusion surrounding the COVID-19 pandemic only adds to your team members’ stress. That’s why short daily check-ins with your team to see how they’re doing can make such a big difference. During this brief check-in, make sure to acknowledge the disruption they’re experiencing and find out how it is impacting them.

It’s also helpful to set aside time for occasional 1-on-1s with key team members to check in regarding their their personal well being and to find out if they have questions about ongoing projects or need anything from you.

Other steps to consider taking that will help to support your team and improve its morale during these challenging times include: 1) planning a weekly video conference lunch with your team, 2) providing your team with regular, detailed updates regarding how your law firm is is responding to the crisis, 3) sending out a short video or email at the beginning of each week during which you set priorities for the week, provide remote working or productivity tips, and encourage a sense of team unity, and 4) sending out an end-of-the week video or email to your employees that summarizes projects completed, celebrates successes, and provides encouragement.

It’s incredibly important to provide your team with the tools and supportive environment they need to get the job done. By taking the time to thoughtfully incorporate some of these ideas into your regular routine, you’ll help your law firm team transition smoothly to working remotely in the midst of never before seen challenges. Your effort and up front planning will undoubtedly pay off in the long run, since as we all know, effective teamwork and collaboration is always important; but during a crisis, it can make all the difference.

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected]. 

Run a 21st-century law firm with these books

Here is a recent Daily Record column. My past Daily Record articles can be accessed here.

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Run a 21st-century law firm with these books

Running a small law firm isn’t easy. Practicing law is a full-time job in and of itself, and as a result most small firm lawyers don’t have the luxury of letting others run the back-end of their law firm. Instead, they’re often responsible for many of the day-to-day tasks involved in managing the business end of their practices, whether it’s hiring employees, managing the books, invoicing and collecting payments from clients, or marketing their practice.
And then there are the administrative and IT functions that small firm lawyers take on themselves. These can include handling client intake, managing calendars, drafting documents, choosing and maintaining computer hardware, and selecting software for the firm.
No wonder you sometimes feel overwhelmed! Because you singlehandedly take on so many different roles, there’s too much to do and not enough hours in the day. You need all the help you can get! Fortunately, there are lots of books available designed to do just that: provide you with the guidance you need to run your small law firm efficiently and profitably. What follows are a few of my top recommendations.
First, there’s “Solo By Choice: How to be the Lawyer You Always Wanted to Be” and the “Solo By Choice, the Companion Guide,” both written by lawyer Carolyn Elefant. These books walk you through the ins and outs of starting your own law firm and cover everything you need to know about starting and managing a successful solo or small firm practice.

Next up is “The 2019 Solo and Small Firm Legal Technology Guide,” written by Sharon D. Nelson, John W. Simek, and Michael C. Maschke.  In this book, which is updated and revised annually, you’ll learn all about how to make smart technology decisions for your law firm. This book will help you sift through your technology choices, which range from hardware options to legal software tools designed to simplify the lives of solo and small-firm lawyers.

Speaking of technology, if you have senior lawyers in your law firm who are either resistant to technology or are struggling to keep up, make sure to invest in a copy of “Technology Tips for Seniors, Volume 2.0,” written by Ashley Hallene and Jeffrey M. Allen. This book includes a mobile device app guide and offers lots of other useful information that will help senior lawyers improve their productivity by learning about, understanding, and using technology.

Another book to consider if you’re seeking ways to innovate and stand out in today’s increasingly crowded legal marketplace is “Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in the Law.” In this book, author Michele DeStafano explains why the legal industry is in the middle of an unavoidable transformation, and provides ideas to help lawyers innovate in order to succeed in the new world order.

“How to Capture and Keep Clients: Marketing Strategies for Lawyers, Second Edition” is another book to read for advice on how to successfully market your law firm in 2019. This book is edited by jennifer j. rose and includes chapters from more than 27 lawyers and legal marketing experts who offer lots of great legal marketing ideas and advice.

As you put all of your learnings into action and your firm begins to thrive, you’ll no doubt seek to grow your firm by hiring new employees. That’s where “Effectively Staffing Your Law Firm, 2nd Edition” comes in. This book is also edited by jennifer j. rose and each chapter is written by experts - many of whom are lawyers - and covers everything you need to know about hiring staff, firing staff, and everything in between.

And last but not least, as you begin the process of hiring new employees, you’ll most likely encounter a Millennial or two along the way. If so, you may be struggling to understand your new hires. That’s where “What Millennial Lawyers Want” comes in. In this book, author Susan Smith Blakely explains what makes this generation tick and how managing law firm partners can change their outlook and embrace the many qualities that make Millennial employees a unique and valuable asset for law firms.

So what are you waiting for? Invest in a few of these books today and then put your newfound knowledge to work. In no time, you’ll be reaping the benefits of your investment and will be on the path to a successful and profitable law practice!

 

Nicole Black is a Rochester, New York attorney, author, journalist, and the Legal Technology Evangelist at MyCase  law practice management software for small law firms. She is the author of the ABA book Cloud Computing for Lawyers, co-authors the ABA book Social Media for Lawyers: the Next Frontier, and co-authors Criminal Law in New York, a Thomson Reuters treatise. She writes legal technology columns for Above the Law and ABA Journal and speaks regularly at conferences regarding the intersection of law and technology. You can follow her on Twitter at @nikiblack or email her at [email protected]. 

Round Up: Secure Communication, Cybersecurity, Podcasts for Lawyers, and More

I often write articles and blog posts for other outlets and am going to post a round up here from time to time (but won't include my weekly Daily Record articles in the round up since I re-publish them to this blog in full). Here are my posts and articles from October 2018:

• Check out some secure communication and collaboration tools for lawyers - ABA Journal (October 2018)
• Product Note: Mixcder E7 Active Noise-Canceling Bluetooth Headphones - ABA GPSolo eReport (October 2018)
• Asked And Answered: What Benefits Would You Like Bar Associations To Offer? - Above the Law (October 2018)
• Coworking For Lawyers: Passing Trend Or Wave Of The Future? - Above the Law (October 2018)
• Prepare Your Law Firm for Disaster: Advice From the ABA - MyCase Blog (October 2018)
• Top Podcasts for Lawyers in 2018 - MyCase Blog (October 2018)
• Ethical Online Networking and Collaboration With Colleagues: 3 Tips for Lawyers - MyCase Blog (October 2018)
• Top Free Legal Research Tools in 2018 - MyCase Blog (October 2018)
• Asked and Answered: Most Useful Non-Substantive CLE Seminars? - MyCase Blog (October 2018)