Practice Management


I’ve always found paranoia to be a perfectly defensible positionPat Conroy

Let me make something clear right from the outset, when it comes to the security of the technology that supports my business, I am not a raving, paranoid lunatic; I am completely capable of carrying on calm, quiet, rational conversations.

Back in the day, when hard drives were the size of washing machines, tape drives consumed half-inch tape on 12 inch reels, computers were huge blue boxes serviced by a cadre of adoring acolytes, and networks were comprised of tin cans, bits of string, and acoustic couplers security was simple – those without the blessing of the high priest (the systems administrator – a god-like being capable of patching a OS binary on the fly). The concept of an external attack was practically inconceivable simply because (a) it was the rare computer that supported even dial-up access, (b) dumb terminals and acoustic couplers were not your typical household appliance, and (c) an attack coming in at 300 baud (about 30 characters per second) is something you would notice. It was a halcyon time, carefree and innocent. A time where security was a backup tape and a warm blanket. A time doomed by its own success and the crushing inevitability of Moore’s Law.

Today, if your tech is connected to the outside world though anything other than a electrical power cord (and I have my suspicions about those), it is vulnerable to attack; it is not a matter of if, it is a matter of when. Therein lies the faustian bargain we make with the Internet – access to untold amounts of knowledge, pleasure, and power in exchange for our tech’s soul. But fear not, for tech also offers some hope of salvation if not complete redemption. (more…)

It’s in the homes of spiteful old widows that one finds such cleanliness. — Fyodor Dostoevsky

mopping

From a photo by Roma Flowers & used by permission

I cannot, by any stretch of imagination, be confused with a clean-freak. My private office is kept in a state of carefully managed chaos, occasionally disrupted by a biannual reorganization of the piles, the odd vacuuming, or an irregular exposure to a dust cloth, isolated from the ravages of the cleaning crew that patrols the public spaces of my office keeping them to the impeccable standards of the attorney I share space with.

Even the physical manifestations of my digital world embody this laissez-faire approach to neatness – cables run freely along baseboards, bursting from their cable ties to add a bit of kinetic color to the drab, industrial black demarcation of the boundary between wall and floor. Printers, routers, disks and CPUs are scattered between bookshelves, desktops, and tabletops; often sitting check by jowl with books, orchids, and the occasional stuffed frog – location being determined more by the availability of an electrical outlet than any cohesive plan – it’s feng shui colliding with Thomas Edison.

But cross the digital divide, and it is a far different story. My digital desktop is a stark expanse of lovely, precise (almost compulsive) order. A few files (my most immediate matters) sit with military precision along the periphery of my monitor, leaving vast expanses of uncluttered pixels to be managed by virtual desktops – one to a file, each corralling the applications needed for that matter. (more…)

The holiday lull and the unseasonable winter weather can to a rather abrupt, simultaneous halt this week – seems that it takes real winter weather (snow, high temps eking their way into the teens, a northerly breezes) to make folks start to make good on those new year’s resolutions that this will be the year “I’ll see a lawyer about…” – putting an end to my brief sabbatical.

As a solo, any downtime is a mixed blessing. It’s great to have some time to catch up on all those little inconsequential chores that get put aside (things like dusting the office, rediscovering the top of your desk, or getting a jump-start on your tax returns), but the downside is that unscheduled downtime means that the ol’ marketing machinery ain’t working at capacity. So, I spent my brief break asking myself “WWCD?” (what would Carolyn do), re-reading my brand spanking new copy of Solo by Choice (my first version was reduced to a somewhat collated stack of highlighted, ink-smeared and tea-stained pages during the start-up phase of my practice – the inevitable death of all really useful books), and re-evaluating/revising my marketing plan.

So, I come back from my sabbatical with my “quiet mentor” a little chided (it is humbling to see yourself when the text describes common mistakes) and greatly invigorated – sometimes a little affirmation that, at its core, marketing is not all that difficult and that anyone can be a better marketer goes a long way. Thanks Carolyn.

Success is the ability to go from one failure to another with no loss of enthusiasmSir Winston Churchill

There are fifteen steps that, if followed precisely and in the correct order, will guarantee your small town law practice will be a successful, profitable enterprise. Unfortunately, the last person who knew what these steps is also the only person on record to have found a way to successfully transmute lead into gold. So, rural entrepreneur, you will have to be satisfied with these few suggestions to ease your way between failures.

Get paid up front

I cannot claim credit for this – this is, after all, Foonberg Rule #1. Discussing fees and collecting a retainer is the first of many difficult conversations you will have with clients, but it is something that must be done and is necessary if your practice is to thrive. It is far easier to get paid up front than it is to try to collect when all is said and done. If you aren’t collecting fees, you are doing pro-bono work and that is simply an expensive way to fail slowly. Develop a reputation for providing quality service at a reasonable price and most rural clients are not going to quibble about the price; but they also aren’t going to volunteer to pay it either – you’ve got to ask.

Give it everything you’ve got

This is more than just a reminder about working hard, in a small town there is little distinction between the profession and the professional – what you do is part and parcel of who you – so accept that you are going to be a lawyer 24/7/365 regardless of what your office hours are. Until you are established as a community fixture, you and your business are going to be evaluated, weighted and measured. You are going to be always building your reputation, so give this endeavor everything you’ve got and use every skill you have. After you are established as a community fixture – you’ll still be a lawyer 24/7, you and your practice will still be evaluated, weighted and measured, and you still have to maintain your reputation, but at least now folks will have funny stories about the day you… to tease you with – this is a good sign, it means you’ve been accepted. (more…)

This weekend there was an accident in our community. It was one of those events where we learn yet again that there is a fine line between urgency and carelessness and where we are shown that the human body is no match for horsepower, physics and heavy machinery. It was also one of those events that brings a rural community together – when the calls of concern and the offers of help arrive on the heels of the emergency vehicles. Neighbors, friends and strangers band together to see that the crops are brought in, the chores are done and the injured are cared for. And it was one of those events where one senses a wave of palpable relief sweep through the community when the word comes through that, this time, there were no life threatening injuries, no serious trauma and the only injuries are those cured by time and rest.

Now that the moment has past, I am left contemplating my fragility, the wholly unpleasant thought of emergency planning for my practice, and asking if my ICE file (in case of emergency) will be adequate for the occasion of my injury. The very nature of being a solo means that, unless prior plans are made, no one will be there to care for my clients. So, I am spending some time reviewing plans made and thinking about what new plans need to be made.

(more…)

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