Practice Management


 Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

Library of Congress, Prints & Photographs Division, FSA-OWI Collection, fsa 8a42222

The second of May saw 13 inches of heavy wet snow descend on my little part of the prairie – a noteworthy event even by Minnesota bachelor  farmer standards (a group that is notoriously parsimonious with praise). Like all good storms worth of the title “the great ______ of [insert reference year]”  (e.g.: the great wind of ’36, the great frost of ’09, etc.) this one left a bit of havoc in its wake. One particularly inconvenient bit of havoc left me without power for 14 hours.

For those of you who might brush this aside as a minor inconvenience, here is what no electricity means for my neighbors and me. No power means no water (we’re all on private water, aka wells, out here), no heat (takes electricity to power blowers, pumps and thermostats), no internet (those DSL routers don’t run on peanuts) and no computers (well at least nothing that’s not battery-powered). And, given that I had already changed the oil in my truck and tractors from the light weight winter oil to the heavier weights diesel engines prefer during the summer months, no power means that my snow removal equipment is not going to start (under 32 degrees, these summer time lubricants take on the same fluidity as wet concrete and need a bit of coddling and a bit of electrically generated heat before they are willing to flow) leaving me sitting on the waiting list for the local snowplow – at a quarter-mile long, my driveway is not one that lends itself to being shoveled by hand.

So, here’s the question – is your practice – that digital masterpiece of paperless perfection – robust enough to go 1 working day without power? Having just completed a review the hard way, the best I can say is that mine can, but things could be better. (more…)

Becoming A Rural Lawyer - A Personal Guide to Establishing a Small Town Practice by Bruce CameronWell, it’s official – Becoming a Rural Lawyer is here. Like RuralLawyer the blog, RuralLawyer the book is designed to help you decide if you’re meant to practice in the 128,000 small towns dotting the US landscape. Becoming a Rural Lawyer looks at the myths of practicing in small towns, discusses emerging areas of rural practice, talks about the rhythms and (unwritten) rules of small town life, and  includes advice, tips, and words of wisdom from rural lawyers from across the US.

Becoming a Rural Lawyer is available through Amazon.com (where I welcome your impressions of the book).

A tip of the hat to SD Rural Lawyer for pointing out Susan G. Fowler’s study: “Results of Participant Observation in the Fifth Judicial District,”

 

In this 2007, Ms. Fowler takes a look at the research needs of the average rural Kansas lawyer and finds that because the rural lawyer is a generalist, their research needs tend to be limited to the basics (case-law updates, statutory changes, access to state resources) and they do not spend a great deal of time or money on specialized research materials or access to expert opinions. All well and good if you are planning on how best to restore a rural law library so that it will best serve it’s clientele.

What interested me were Ms. Fowler’s observations on the information processing skill and daily activities of the rural lawyer (not that I participated in the study, seeing one’s day reduced to frequency counts by an outside observer is something of an out-of-body experience – the initial reaction of “it can’t be” is quickly followed by “now that I think about it…”). So, for those of you who have any doubts about the adrenaline-packed, action-filled, exciting life of the rural lawyer, you are absolutely right – the top 5 things rural lawyers do are:

  1. Talk on the phone (communication reduces surprises)
  2. Use a some form of technology to obtain or transfer legal information (the adaptive generalist is always relearning)
  3. Prep for court (there is a marked preference to settle out of court, but you never know…)
  4. work on a case
  5. build relationships (rural lawyers practice in small ponds – adversarial relationships are left at the courthouse door – so building professional/personal ties to the rural bar and to the community brings in business and establishes credibility)

Ms. Fowler also observed that rural lawyers are information power-users (constantly assessing information as they learn and relearn) and hard core multitaskers – though rural lawyers tend to be “time slicers” rather than “parallel processors” when it comes to multitasking; preferring to quickly switch between tasks (spending a few minutes on one before moving to the next) in a round-robin fashion. This form of multi-tasking seems to be facilitated by the rural lawyer’s preference for print rather than digital resources.

So there you have it – a brief look at the life of the rural lawyer through the eyes of the rural law librarian.

Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. A product is not quality because it is hard to make and costs a lot of money, as manufacturers typically believe. This is incompetence. Customers pay only for what is of use to them and gives them value. Nothing else constitutes quality.Peter Drucker

Having gotten hooked on the concept that it is possible to engineer a consumer’s experience, I’m becoming more aware of the clues I use to evaluate quality service and I’m quickly coming to the conclusion that any consumer experience that adheres to  old adage: “don’t piss on my boots then try to tell me it’s raining” can claim to be providing minimally functional customer service. Given this relatively low bar, coming across truly horrific customer service is a rare event; yet recently, I’ve had the misfortune to walk away from a pair of consumer experiences with fairly damp footwear.

The first sandal sprinkling came from a small start-up marketing firm looking to expand into my neck of the woods. I like working with young companies, usually they are all teeth, shiny ideas, and enthusiasm. In this case, regrettably, it seemed that the teeth had been turned inward, the shiny ideas tarnished and the enthusiasm replaced by rancor as the failing interpersonal relationship between the company’s principles collapsed overnight. Now, I must commend these folks for letting me know (when it became evident that their personal differences were adversely impacting their working relationship) that they would no longer be able to meet with me. However, I could have done without the acrimony and personal tales of woe that accompanied the statements. It’s not that I’m not interested in “done me wrong” melodramas – I’m always on the look out for the next great country song lyric – but trying to engender sympathy just to poach business from the other is just plain icky (besides, I do family law and have learned the family law lawyer’s manta of “it ain’t my problem”). (more…)

Once in the dark of night, Inflamed with love and wanting, I arose (O coming of delight!) And went, as no one knows, When all my house lay long in deep repose – Saint John of the Cross

One of the more nerve-racking things about public speaking is the wait between the speaking engagement and the receipt of the program evaluation sheets. It’s a giddily self-deluding period where, based on the positive feedback from the 3 people who talked to you in the 5 minutes between speakers, you are sure that all went well and that you are on the road to becoming the next great orator of our times. Then the evaluation sheets arrived and you realize that it will be some time before you are a threat to Winston Churchill, Martin Luther King or Emmeline Pankhurst. But, as often is the case, it is the comments and not the numerical evaluations that strike a chord , and it is one of these comments that I would like to take a moment to respond to. The writer states:

Rural [law] equals less rich (not necessarily ‘poor’). At age 28, I was desperate for a job, so I moved to a small town to work with an experienced attorney who is nearing retirement. Now, almost 7 years  later, I want to leave and will if I can. Modest income clients don’t (or won’t) pay attorney fees even though we charge much less per hour than attorneys in urban areas. Fact is, attorneys in rural areas make far less than in urban areas, often have bad clients, and can get better & more interesting jobs elsewhere. 

As our young writer has travelled halfway down life’s path, let me play Virgil to his Dante, and let our journey begin not in our Dante’s dark wood or in the proponent’s idealized celestial sphere, but rather at the foot of the craggy mountain of boots-on-the-ground reality. Young Dante,  I’ve yet to run across a lawyer (big city or small town) who has not had at least one the-grass-is-greener moment at some time or other in their career. Lawyering is a tough slog for anyone who gives half a damn about doing the best possible job they can for each client, and it sure doesn’t help that, for the average lawyer, it sure ain’t the high-paying, jet-setting, celebrity career the law school brochures described. Even I must admit to having the occasional lustful thought about packing it all in and heading off to look for a quiet associate’s position with a regular salary. However, if this is not merely a passing fancy but is one of those dark nights of the soul, then it is far better to move on to those greener pastures than to unhappily till the same dismal furrow. But before you go, talk to someone (a mentor, a friend, your local branch of Lawyers Concerned for Lawyers); perhaps there are other options out there and it may be easier to fix what you have than to start something new.

The comment continues:

(more…)

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