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    <title>PalmSmart Newsletter</title>
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    <id>tag:www.counselcounsel.com,2008-05-21:/newsletter//3</id>
    <updated>2009-11-07T23:37:42Z</updated>
    <subtitle>Lawyers Ethics, Risk Managemnt and Practice Management</subtitle>
    <generator uri="http://www.sixapart.com/movabletype/">Movable Type Pro 4.31-en</generator>

<entry>
    <title>Introduce Your Staff To Clients</title>
    <link rel="alternate" type="text/html" href="http://www.counselcounsel.com/newsletter/2003/02/practice-tip-may-i-present-1.php" />
    <id>tag:www.counselcounsel.com,2003:/newsletter//1.12</id>

    <published>2003-02-18T20:02:00Z</published>
    <updated>2009-11-07T23:37:42Z</updated>

    <summary>Here&apos;s another fast and easily implemented office procedure that creates great client relations.  At the start of an engagement, on that first meeting, introduce (with great dignity and respect) not just your lawyer associates, but your staff as well (as many as practicable).  You don&apos;t have to have lengthy meetings.  Just have something already in mind to say that gives a warm and confident feeling about others that might help you with the matter.
</summary>
    <author>
        <name>RDW</name>
        
    </author>
    
        <category term="Client Relations" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.counselcounsel.com/newsletter/">
        <![CDATA[<p>Here's another fast and easily implemented office procedure that creates great client relations.  At the start of an engagement, on that first meeting, introduce (with great dignity and respect) not just your lawyer associates, but your staff as well (as many as practicable).  You don't have to have lengthy meetings.  Just have something already in mind to say that gives a warm and confident feeling about others that might help you with the matter.<br />
</p>]]>
        <![CDATA[<p>For instance, "This is my associate Mary W., who wrote a law review article on one of the big issues in your case." "I'd like to introduce you to my paralegal Duane E. who has worked with me for over 10 years on 99 cases similar to yours." How far down the line should you go?<br />
We like, "This in Kathi L. our receptionist.  She'll always get your urgent messages right to me."  Or, "We hired Susan Q. to work in the mail room this summer because she's on the school track team, and in an emergency she can make it to the courthouse in less than 39 seconds."</p>

<p>Worth the time on a busy day?  Definitely yes!  Presenting your staff to your client creates a "you are part of the family" feeling and promotes a teamwork atmosphere that will help to carry you through the thick and thin of the representation.<br />
</p>]]>
    </content>
</entry>

<entry>
    <title>Solve Billing Issues</title>
    <link rel="alternate" type="text/html" href="http://www.counselcounsel.com/newsletter/2003/02/taking-off-your-shoes-to-solve.php" />
    <id>tag:www.servantsofthelaw.com,2003://1.10</id>

    <published>2003-02-18T20:01:00Z</published>
    <updated>2007-09-05T01:33:48Z</updated>

    <summary>Good risk management means dealing properly with clients regarding fees, whether it be someone seeking legal advice for the first time in their life, or a seasoned business professional who does not make a move without advice from counsel.  Carefully handling fee issues at the
start and throughout the engagement (no matter the duration) is one of the most important keys to avoiding unhappy client situations, from losing a good client to having to defend the almost inevitable malpractice action that results from filing a suit for fees.  Here is one simple rule that 
most lawyers never really follow for avoiding fee related problems. </summary>
    <author>
        <name>RDW</name>
        
    </author>
    
        <category term="Client Relations" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.counselcounsel.com/newsletter/">
        <![CDATA[<p>Take off your shoes to solve billing issues.  That's right!  Take off your shoes right now.  We'll tell you why in just a minute.  Lawyers spend hundreds of hours thinking, researching, writing, and arguing the law right down to the finest legal points.  But when it comes to dealing with clients on the *most* sensitive matter of all, many lawyers look the other way.  Lawyers, it seems, are just like everyone else when it comes to discussing dollars.  There's a reason for that; it *is* difficult to talk about the price for your services.  This is especially true when many lay people are clueless about what lawyers do and how they charge for it.<br />
</p>]]>
        <![CDATA[<p>Good risk management means dealing properly with clients regarding fees, whether it be someone seeking legal advice for the first time in their life, or a seasoned business professional who does not make a move without advice from counsel.  Carefully handling fee issues at the<br />
start and throughout the engagement (no matter the duration) is one of the most important keys to avoiding unhappy client situations, from losing a good client to having to defend the almost inevitable malpractice action that results from filing a suit for fees.  Here is one simple rule that <br />
most lawyers never really follow for avoiding fee related problems.  </p>

<p>Ready?  Got your shoes off?  O.K., now put on your clients' shoes.  Yes.  Be they penny loafers, high-heeled pumps, moccasins, wing-tips, thongs, cowboy boots, name-brand or discount store, they all come with their own perspective.  And to see how your clients are going to perceive you, think like they do.  Are they just really cash poor and need to be very efficient about what services they are buying?  Are they corporate and understand the legal system with its related costs and just don't want to be taken advantage of?  Do they expect a certain hourly rate and no more?  Are they prepared for the extra costs from that twist their case took?  When is the last time you talked to them about fees and all of the different possible turns of the representation?</p>

<p>The point is that many lawyers are absorbed in their legal work, leaving the billing function for a clerk in the accounting department who has never met the client.  Even if you are a sole practitioner, you likely have not been seriously considering each and every bill.  Fortunately, the remedy is simple and quickly implemented, yet it is the one thing that most firms don't do that could solve many collection problems and/or eventual client relations issues.</p>

<p>The next billing cycle, be sure you personally see every bill before it goes out.  In your head, as you look at each bill, get into your client's shoes.  See the bill from their point of view.  View it as they do.  Is it easily understood?  Is it clear what work is being billed for?  Is it what you expected?  Are you happy with it?</p>

<p>If you are not getting answers to those questions that would please *that particular* client, make a change, or contact the client. Add a personal note on the bill if that will fix it.  Put in some other notes as necessary and appropriate; "as we discussed," "if you need clarification give me a call," "everything is on track for trial," "thank you for allowing me to represent you," "Hi John, I look forward to our meeting next week."  At a minimum initial it.  (And yes, *do* hand write the notes!)  The benefits of this simple and quick task are many.  First, the client will know that you, personally, have reviewed the bill, touched it as they are now, thought about them and their issues, and maybe even took time to invite a question or at least say hello.  That's a real personal touch right at a time (getting the bill) that you want to reassure them.  It also tells them that you *care*, even about the details of an engagement.  It will make you look less like the utility bill and more like a friend.</p>

<p>If you think that this takes too long, or would too easily invite additional calls from clients, think about the time/money it takes to handle a lengthy collection, a suit for fees, a discipline complaint or malpractice action.  Besides, you just could learn something walking a mile in their moccasins.  At least the exercise will do you some good.</p>]]>
    </content>
</entry>

<entry>
    <title>ANLIR Receivership</title>
    <link rel="alternate" type="text/html" href="http://www.counselcounsel.com/newsletter/2003/02/anlir-receivership.php" />
    <id>tag:www.servantsofthelaw.com,2006://1.6</id>

    <published>2003-02-15T05:37:46Z</published>
    <updated>2007-09-05T01:38:20Z</updated>

    <summary>The specialty company, American National Lawyers Insurance Reciprocal (ANLIR), which was
active in lawyers&apos; professional liability insurance in several states, has been placed in receivership by regulators.  This could spell big trouble for lawyers who are currently insured or depending on tail coverage from this Tennessee company.</summary>
    <author>
        <name></name>
        
    </author>
    
        <category term="Insurance- Lawyers Professional Liability" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="SPECIAL BULLETTIN" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.counselcounsel.com/newsletter/">
        <![CDATA[<p>The specialty company, American National Lawyers Insurance Reciprocal (ANLIR), which was<br />
active in lawyers' professional liability insurance in several states, has been placed in receivership by regulators.  This could spell big trouble for lawyers who are currently insured or depending on tail coverage from this Tennessee company.</p>]]>
        <![CDATA[<p>Affected firms should contact a broker knowledgeable in LPL immediately for replacement coverage where possible.  We'll update you on this situation in later issues and discuss some of the interesting aspects of the situation, including how to avoid a similar fate!</p>]]>
    </content>
</entry>

<entry>
    <title>Courtesy Calls for Better Client Relations</title>
    <link rel="alternate" type="text/html" href="http://www.counselcounsel.com/newsletter/2003/02/practice-tip-a-call-a-day-keep.php" />
    <id>tag:www.servantsofthelaw.com,2006://1.4</id>

    <published>2003-02-15T05:30:16Z</published>
    <updated>2007-09-05T01:59:12Z</updated>

    <summary>A call a day keeps the lawsuit away..

Here&apos;s a pretty easy tip to help keep your clients happy.

Take a quick look at your current client list.  Think about each client for just a few seconds, especially about the last time you actually talked to them. </summary>
    <author>
        <name></name>
        
    </author>
    
        <category term="Client Relations" scheme="http://www.sixapart.com/ns/types#category" />
    
        <category term="Stress Busters" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.counselcounsel.com/newsletter/">
        <![CDATA[<p>A call a day keeps the lawsuit away..</p>

<p>Here's a pretty easy tip to help keep your clients happy.</p>

<p>Take a quick look at your current client list.  Think about each client for just a few seconds, especially about the last time you actually talked to them. </p>]]>
        <![CDATA[<p>Make a checkmark by the 10 that you have not talked to for the longest time.  Now make that check into an "X" next to the ones you have not talked to for more than a month.  Call one or two of those names each day.  Just check in, say hello, tell them if something has happened on their matter or even just that you are still waiting and wanted to check in to see how they were doing and update them.</p>

<p>It doesn't need to take a long time.  You can even start the call with, "Hi John, I just had a few minutes in between clients and wanted to touch base."  Or if you get their voice mail, you can leave a quick "no need to call me back, I just wanted to say...," message.  You'll still get "credit" and it could take less than one minute.  It's very cheap PR and insurance rolled into one.<br />
</p>]]>
    </content>
</entry>

<entry>
    <title>A Smile Goes a Long Way With Clients</title>
    <link rel="alternate" type="text/html" href="http://www.counselcounsel.com/newsletter/2003/02/betty-grables-legs-vs-your-smi.php" />
    <id>tag:www.servantsofthelaw.com,2003://1.9</id>

    <published>2003-02-14T20:01:00Z</published>
    <updated>2007-09-05T05:46:27Z</updated>

    <summary>Can you stave off every malpractice action by smiling?  No indeed.  Some clients may even be suspicious if you smile too much.  But this situation underscores one of the fundamental issues in any malpractice action: with rare exception, the malpractice suit starts and ends with a disgruntled client.  Of course, not making errors or omissions is your first line of defense.  But like my rocket scientist cousin always says, &quot;redundancy is the hallmark of good engineering.&quot; 
</summary>
    <author>
        <name>RDW</name>
        
    </author>
    
        <category term="Client Relations" scheme="http://www.sixapart.com/ns/types#category" />
    
    
    <content type="html" xml:lang="en" xml:base="http://www.counselcounsel.com/newsletter/">
        <![CDATA[<p>Betty Grable's Legs vs. Your Smile...<br />
 <br />
I remember hearing years ago that Betty Grable's legs were insured for one million bucks.  Wow!  That's a lot, especially back then.  But did you know your smile could be worth $750,000, or more?  It's true.</p>]]>
        <![CDATA[<p>A small firm made one heck of a big goof and compounded it by not acting quickly.  The firm's best client was involved in a multi-million dollar litigation.  Right smack in the middle of it all the lead lawyer made a big mistake in the case, failing to include some of the damages in documents filed with the court.  The lawyer was sure he could correct the error on appeal, but in the end could not.  The court even made it clear to him and his client that he had goofed.  In the midst of it all the firm's professional liability policy renewed and they decided to go with another insurance carrier.  That's OK, but they failed to report the claim when they first realized the mistake had been made.  (Remember we said they were *sure* they could fix the error?)</p>

<p>They thought they had a longer time to report the claim after the termination of that policy than they actually did and ended up missing that date.  Can you guess what happens now?</p>

<p>Well, of course the "old" company refused the claim for late reporting.  The new company refused the claim on the basis that it was known before the inception of the new policy!  The firm had clear liability for the claim and had fallen "into the gap" between old and new policies. <br />
Sounds like they are doomed, huh?...read on.</p>

<p>Remember that smile thing?  Well, the lead lawyer surprised everyone with two things.  First, he smiled all the time.  A very friendly guy in every way.  Second, he seemed convinced, despite the facts, that the firm would never be sued.  Everyone around him kept reiterating the situation and espousing gloom.  He just kept smiling through several meetings, convinced the firm had nothing to worry about.  Everyone at the firm thought the only reason that the client would not sue was if they were family or very close friends.  The lawyer finally explained that the client was neither family nor old friend.  It was simply that he had treated them as friends, kept their interests at heart as best he could, was up front with them about the entire case, including his errors and always kept smiling at them.  He *knew* them.  He was right!  It's been over ten years and this very sophisticated client has never sued, or changed attorneys.</p>

<p>Can you stave off every malpractice action by smiling?  No indeed.  Some clients may even be suspicious if you smile too much.  But this situation underscores one of the fundamental issues in any malpractice action: with rare exception, the malpractice suit starts and ends with a disgruntled client.  Of course, not making errors or omissions is your first line of defense.  But like my rocket scientist cousin always says, "redundancy is the hallmark of good engineering." </p>

<p>Nobody's perfect.  When you make that inevitable goof you are much better off with a client who likes you.  Make a habit of treating all your clients like you are going to have to call them tomorrow and tell them you goofed, then just keep smiling!</p>]]>
    </content>
</entry>

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