Law Practice Management Asked and Answered Blog

Category: New

Oct 10, 2019

Finding and Training in a New Estate Planning Attorney

Question: 

I am the owner of an estate planning firm in the Western Chicago suburbs. My practice is a specialized practice that focuses on estate planning, estate administration, estate litigation, and elder law. While I was a solo practitioner for many years approximately four years ago I brought in an associate that had three or four years experience with an other estate planning firm. Unfortunately, he just gave me his notice and advised that he was leaving to join another firm. We have too much work for me to handle by myself and I am going to need another attorney with estate planning experience. How do I go about finding this person. Any suggestions that you have will be appreciated.

Response: 

I have assisted several of my Chicagoland estate planning law firm clients as well as clients in other parts of the country and I can tell you that experienced estate planning/administration and elder law attorneys are like gold and hard to find. This was even the case during the 2008 recession when recent law school graduates and experienced attorneys with other skill sets were having difficult times finding jobs. Now, with the current job market, finding experienced estate planning/administration and elder law attorneys is even more difficult. Many of these attorneys tend to work in small firms, are loyal to their firms, and less mobile. They tend to stay put and often remain with one law firm for their entire careers.

I would start your search for an experienced attorney by:

  1. Putting the word out through your professional network. Ask around.
  2. Prepare an ad for the position
  3. Post the ad with www.indeed.com, ISBA.org Career Center, LinkedIn, local suburban bar associations, and local law schools.
  4. Have resumes come to you electronically.
  5. After initially reviewing resumes and narrowing down to candidates of interest use a telephone interview as your first interview and face to face for a subsequent interview if appropriate.

If after thirty days or so you are having no luck you might have to consider using a local headhunter or simply looking for a recent law graduate and investing the time to train a new attorney.  Several of my estate planning/administration and elder law clients are having to hire new law graduates and train them. Many have been quite satisfied with the results and now believe it is the best way to go. Recent law graduates start with a clean slate and do not bring in any baggage or bad practices or habits picked up in other law firms. They are often more loyal and stay with the firm longer.

A few suggestions concerning recent law school graduates:

  1. Look for candidates that took elective courses in estates/trusts/elder law.
  2. Look for candidates that had meaningful clerking experience with law firms specializing in estate planning/administration and elder law. Not running errands but meaningful experience.
  3. Develop a comprehensive training plan with specific timelines designed to get the attorney billable and productive as soon as possible in easier forms of work (possibly guardianship) and then gradually move the attorney into simple estate plans and more complex areas over time.
  4. Be patient – the process will take time – consider it an investment.
  5. It will take time for you to make money from the new associate. Be happy if you cover the cost of the associate in the first year.

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John W. Olmstead, MBA, Ph.D, CMC

Jun 19, 2019

Burning Issues for a New Law Firm Owner Starting Firm After Leaving BigLaw

Question: 

I have recently started a law firm in the suburbs of New Orleans after leaving a large law firm in the city. I was a non-equity partner in the firm and had worked for the firm for fifteen years. I worked in the estate planning group and handled complex estate planning matters for wealthy individual clients. Much of the business was referred to the firm by large bank trust departments. I have been promised referrals from some of these banks. I had other referral sources as well that will be sending business. The focus of my practice will be exclusively on complex estate planning for wealthy clients. A paralegal and an associate from the firm will be coming with me. During my career my focus has been on practicing law and not running a business. What are some of the challenges and burning issues that I will face?

Response: 

You are starting with the advantage of probably having grown up with excellent training and mentoring that larger firms are capable of providing. As a result you probably have an excellent skill set and it sounds like you have learned how to get business and have developed referral relationships. However, you also have been accustomed to firm management and other resources that will not be available to you in a smaller firm. You will have to get your hands dirty and handle much more of the firm management and administrative functions than you had to do in the larger firm.

Some of the challenges and burning issues that will keep you awake at night will probably include:

  1. Hiring, training, motivating, compensating, and retaining attorneys and staff – both those that initially join you and future hires. Small firms often cannot afford to provide the level of compensation and benefits that larger law firms and other businesses provide. You must creative and use other carrots such as flexibility, work-life balance, etc. to be competitive.
  2. Additional sources of business. Even though you have promises from past referral sources to send you business the business may not materialize from these sources for various reasons. You must be prepared to proactively marketing your practice. A content-rich website, client seminars, and additional referral source development should be at the top of your list.
  3. Cash flow will be a challenge and issue, at least initially. Insure that your have sufficient working capital to start your firm and access to adequate credit lines if you need them. Obtain retainers from clients upfront, stay ahead on retainer replenishment, and bill promptly. Watch your spending but focus on revenue generation.
  4. Balancing your time between servicing clients and managing the practice. In your prior firm your primary mission was to practice law and serve clients. Now, as the sole owner of a law firm, you will also have management and administrative responsibilities. Your time between these two areas will require careful balance – neither can be neglected. While you can eventually hire some help you can never relinquish total responsibility for running the business.
  5. Development of systems. Processes and procedures will need to be documented in office policy and procedures manuals. Computer hardware and software will need to be acquired and implemented. There will need to be oversight over these systems. You should at least have a “top level” understanding of these systems.
  6. Client demands. Client demands and workloads can often take a toll on new owners. There will a time will your will be so busy you would like to hire additional help but not so busy that you are ready to or can justify doing so.

These are just a few of the challenges and burning issues that others from BigLaw starting their own practice have discussed with us.

Good luck with the launch of your practice.

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John W. Olmstead, MBA, Ph.D, CMC

Nov 28, 2017

Business Development for New Associate Attorneys

Question: 

I am a partner in a fourteen attorney firm in Denver, Colorado. We have six equity partners and eight associate attorneys in the firm. Our practice is limited to health care law. We represent many of the local hospitals in the area. Our associates range from associates that have been with the firm less than a year to associates that have been with the firm for over fifteen years. None of our associates have developed business development skills and none of them have ever brought in a single client. Most of our associates would not even be able to retain our existing clients if the partners for one reason or another left the firm. This is in part our fault. When we hired them we told them that we had plenty of client work and their mission was to “bill hours” and service our clients. However, as we the partners age and consider the future of the firm we are beginning to realize that this was a mistake. How can we turn this around?

Response:

The earlier that attorneys start to build client development into their weekly routines, the easier it will be for them to bring in business later. Many successful rainmaking attorneys began their business development efforts early in their careers, usually during their first year or two as attorneys. This is a pattern that you want your attorneys to emulate. The firm should set expectations about the kind of effort the firm is looking for at each level in an attorney’s career. It should then support these expectations with appropriate training for each level. Training should begin as soon as an attorney is hired. During the initial firm new associate training session, provide an hour’s instruction on client development. That will help new associate hires realize that they will have to bring in business later in their careers and they can start building a foundation  for later business development efforts immediately. The quantity of education on client development should increase as an attorney advances within the firm. This should be reinforced by mentors assigned to associate attorneys.

When your associates reach the point in their careers when they should be bringing in business, the focus on business development needs to increase. Business goals should be developed and attorneys at this level should be required to prepare annual personal business development plans. These goals and plans should be linked performance reviews and to compensation.

It will take time to create this culture in your firm.  It may be too late for some. I would announce that it is a new day, launch a program, and stay on top of it.

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John W. Olmstead, MBA, Ph.D, CMC

 

Oct 04, 2016

Law Firm Client Business Development – Motivating Lawyers to Develop New Client Business

Question:

I am the managing partner of an eighteen attorney firm in New Orleans. We have six equity founding partners, four non-equity partners, and eight associates. We represent institutional clients. Four of the six equity partners are in their sixties and two are in their late fifties. The six equity partners are concerned about the future of the firm as they approach retirement. If they retired today the firm would cease to exist – the non-equity partners would not be able to retain our existing clients and acquire new clients. We have not been successful at motivating our non-equity partners to develop and bring in new clients. We have harped on this for years and encouraged all attorneys to develop business. We implemented a component of our non-equity partner and associate compensation system to compensate them for new client origination. Unfortunately, we have not been able to motivate our non-equity partners and associates to develop new sources of business. Our non-equity partners and associates have a nine to five work ethic and an entitlement mentality. Would you share your thoughts?

Response:

Often law firms hire associates simply to bill hours and perform legal work. Then years later they are asked to develop clients. Many are unprepared and at a loss as where and how to start. I believe that if you want attorneys to develop clients you have to hire attorneys that have the personality, ability, and you have to get them started on business development in their early years.

To turn your non-equity partners and associates into rainmakers at this stage will be difficult but not impossible. Here are a few ideas:

  1. Insure that your compensation system reinforces and rewards business development  results. However, don't be surprised that even if your system rewards business development behavior does not change.
  2. Extrinsic motivators such as compensation often are not as impactful with professionals as intrinsic motivation that involves engaging in a behavior because it is personally and professionally rewarding – performing an activity for its own sake rather than the desire for external reward. Many law firms are requiring attorneys to submit annual personal business goal driven plans that are incorporated into annual performance reviews. I have found that these plans as or more powerful than compensation in developing new behaviors such as client development when an attorney is uncomfortable with such behaviors.
  3. Integrate the compensation system with personal goal plan achievement.
  4. Implement an equity partner admission program (partner track) that outlines requirements for admission. Make business development goal attainment a component. Make it clear that to become an equity partner you must be a rainmaker.
  5. Provide business development training and coaching for attorneys willing to participate.
  6. Have serious discussions with non-equity partners and terminate those that are not meeting production and client development goals.
  7. Consider hiring lateral attorneys with books of business or merging with another firm.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

 

 

Nov 03, 2015

Law Firm Administrator – New and Struggling

Question:

I am a new administrator in a 17 attorney law firm in the greater Boston area. I am the firm's first administrator and this is the first law firm that I have worked for as a firm administrator. I been on the job for six months and I am struggling. I don't know whether I am living up to the expectations of the partners and I feel like I am lost. I would appreciate your thoughts.

Response:

While administrators have made great strides in terms of role and acceptance during the past decade, administrators in firms of all sizes still remain frustrated with:

– Poor, slow, and ineffective decision making
– Ineffective firm leadership and governance
– Internal politics and infighting
– Micromanaging
– Management by committee
– Lack of influence and ability to effect change

Being the first administrator for a law firm is tough. In additional to proving yourself to your partners you will have the additional task of justifying the position itself. After a few months when the honeymoon is over some partners will start questioning whether the position is necessary and worth the expense. Don't assume that the partners really thought through what their expectations were for the position prior to hiring you. Don't wait for them to manage you – you must take a proactive role – initiate discussions regarding expectations and identify priorities, projects, etc. Look for low hanging fruit when you can enhance revenue or reduce costs in the short term and track any results achieved.

Few things are as important to an administrator’s future as that person’s ability to influence the decision-making process and effect change.  Skills and competencies are important but so are results. In order to transcend to the next level and enhance their value to their law firms, administrators must help their firms actually effect positive changes and improvements and improve performance. This requires selling ideas to partners in the firm and having them accept and actually implemented. To succeed administrators must achieve three outcomes:

- Provide new solutions or methods
– The firm must achieve measurable improvement in its results by adopting the solutions
– The firm must be able to sustain the improvements over time.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

Jul 22, 2015

Law Firm Dissolution – New Firm Startup – Steps to Be Taken

Last week a firm advised that their law firm was splitting up via a dissolution and forming two new law firms. I outlined some of the steps that would need to be taken to dissolve the firm.

This week I will discuss some of the typical steps that will need to be taken to start the new law firms. Some of these steps include:

ESTABLISH NEW LEGAL ENTITY 

  1. File articles or other documents for entity formation. (LLC, LLP, PC, etc.) 
  2. Obtain FEIN Number
  3. Open new bank accounts
  4. Establish line of credit with bank
  5. Draft operating agreement/partnership/shareholder agreement
  6. Agree on approach to partner compensation
  7. Draft a business and marketing plan for the firm.
  8. Obtain any required business permits.
  9. Obtain office space, if moving, and negotiate lease – or negotiate new lease with landlord of present space.

IT & SYSTEMS 

  1. Decide on equipment and software being retained
  2. Decide on billing and accounting system data conversion strategy.
  3. Decide on MS Exchange Server conversion strategy.
  4. Decide of document management system conversion strategy.
  5. Purchase new software that may be required as a result of licensing.
  6. Install, configure, and populate billing and accounting software.
  7. Obtain new internet domain name and e-mail addresses

NOTIFICATIONS 

  1. Notify courts
  2. Notify bar associations
  3. Notify all vendors
  4. Notify post office
  5. Notify insurance carriers
  6. Obtain malpractice insurance with tail coverage
  7. Notify Yellow Pages and other directories
  8. Notify phone company. 
  9. Obtain new phone number if needed
  10. Notify tax authorities
  11. Notify Westlaw/Lexis, etc.

HUMAN RESOURCES 

  1. Employee meetings
  2. Setup payroll system – in house or outsourced
  3. Deal with medical insurance transfer
  4. Deal with 401k and other benefit plan transfer
  5. Update employee handbook
  6. Update administrative policies and procedures manual

FACILITIES 

  1. Decide on whether the firm if staying in current space or moving. If staying, decide on how much space is excess
  2. If staying, decide on what space the firm will occupy and what space will be sub-leased or turned back to the landlord if possible
  3. Negotiate lease with the landlord
  4. Office signage
  5. Decide whether any space improvements are needed.
  6. Decide on internal move date and who will be in what locations (if staying)

CLIENT RELATIONS AND DEVELOPMENT

  1. Notify clients of dissolution – joint letter – both firms – in accordance with rules of professional responsibility
  2. Meet with clients
  3. Develop new sources of clients

PUBLIC RELATIONS AND MARKETING 

  1. Public relations campaign
  2. Business identity plan (branding, logo development, etc.)
  3. Create marketing collateral materials (letterhead, brochures, business cards, etc.)
  4. Create and launch new website
  5. Open house or some event

The tasks involved in launching a new firm are numerous, specific to each individual firm, and this is just a starting list. You can use this list as a starting point to develop your own project plan. Suggest that you create a central project plan to get everyone handling various tasks on the same page. The plan should include tasks, specific responsibilities and start and target completion dates.

Good luck with your new firm!

 

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John W. Olmstead, MBA, Ph.D, CMC

 

 

Jul 08, 2014

Law Firm Partnership – Client Origination Expectations for New Associate Attorney

Question:

I am the sole owner of a four attorney general practice firm in Rockford, Illinois. I am 58 and realize that in the next few years I will need to begin implementing a succession and exit strategy by probably bringing in a partner. Two of the associates have no interest in partnership. However, the newest associate hired, who had his own practice for several years, does have such an interest even though he was recently hired. He is off to a good start as far as his production. However, I believe that he must be able to originate and bring in client business as well. So far his energy and focus has been totally on performing legal work. I want to get him started on the right track in order that I can make him a partner in a few years. Please provide any thoughts that you may have.

Response:

I agree that in a practice such as yours that client origination is important. I suggest that you start by laying out and discussing with him your expectations. In other words what will it take for him to become a partner – production, quality of legal work, billings, client satisfaction, and origination of new client business? Be specific and set specific goals for him and your expectations for him but also your timeline for partnership consideration. I would suggest five years. Personally, I believe his client origination goal at the five year point should be between $300,000 and $500,000 or higher. Establish baby step goals for origination – say $50,000 after year one, $100,000 after year two, $200,000 after year three, $300,000 after year four, $400,000 after year five. This will require that you track origination fee dollars in your billing/accounting system. Specific guidelines and rules regarding the attribution of origination credit should be developed. In other words an attorney should not receive origination because a client calls as a result of the firm's brand, advertising, etc. and he is passed the call because he is the only attorney in the office to take the call.

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John W. Olmstead, MBA, Ph.D, CMC

Apr 08, 2014

Law Firm New Business Development – Finding New Startup Companies Before They Startup

Question:

I am the managing partner of a 17 attorney law firm located in Rockford, Illinois. While we have an active business law practice representing small companies we are planning on beginning to work more with entrepreneurial and startup companies. How can we go about finding and identifying these companies earlier in their development – possibly even before they have actually launched their businesses?

Response:

Many of the larger law firms are developing entrepreneurship and startup practice areas as a means of beefing up their business practices with new sources of business. So, I believe that your plan to reach out to entrepreneurs is a worthwhile strategy if you can learn to think like an innovator rather than being trapped by precedents of the past and become part of their network. Here are a few ideas:

  1. Learn to think like an innovator, embrace opportunity, and react quickly. Precedent can be the enemy of innovation.
  2. Go where entrepreneurs go – don't just hang out with lawyers.
  3. Join business/entrepreneurial trade associations.
  4. Speak and present at entrepreneuria trade conferences.
  5. Attend entrepreneuria trade conferences and go to the educational sessions.
  6. Write and publish in entrepreneuria trade association publications.
  7. Get a booth and exhibit at small business trade shows. For example – in St. Louis we have the Small Business Expo – http://www.stlouisbusinessexpo.com/
  8. Become involved with (possibly sponsor) startup incubators in your local community or universities.
  9. Scan public documents (i.e. Secretary State, etc.) concerning new business startup filings.
  10. Become active in your local chamber of commerce.

You will increase your odds if you can develop relationships with entrepreneurs before they have launched their businesses – this may be when they need a trusted advisor the most.

Good luck!

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John W. Olmstead, MBA, Ph.D, CMC

 

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