Practice Matters


Some scientists claim that hydrogen, because it is so plentiful, is the basic building block of the universe. I dispute that. I say that there is more stupidity than hydrogen, and that is the basic building block of the universe. Frank Zappa

This post is off-schedule in part to that particular brand of “what were you thinking when…” stupidity that keeps lawyers employed and in part to the sheer genius of the purveyors of commercial advertising space that leaves in its wake a feeling of  absolute wonderment that any organization could survive the disconnect between the people selling the service and the people serving existing accounts.

Now, I am not a marketing wunderkind – frankly my entire theory of marketing is that one should address potential clients as if they have a functioning brain and tell them “what’s in it for them” in as few words as possible. Hopefully this can be accomplished before their eyes glaze over or they run screaming from the room – my marketing theory has yet to incorporate bondage, but I do hear that it is popular in some circles. However, the idea that one’s customers might possibly be thinking creatures seems to be out of favor this week in some sales circles. (more…)

It is spring and the latest crop of Paralegals and Legal Assistants is close to matriculating from the local business college and my firm is on their radar. I know this because of the stream of blind resumes from plucky new graduates seeking employment with my firm. It is truly odd feeling to be on the receiving end of that stream and write those short notes that say “thanks, but no thanks” in a few brief polite words.

Some of those letters are easier to write than others; it is fairly easy to say no to the Legal Assistant who can’t spell my name correctly or the Paralegal who e-mailed me his résumé in a format that I couldn’t open. I did give extra points for initiative to the applicant who dropped into my office unannounced with cover letter, resume, and references in hand wanting just a few moments of my time – too bad she lost so many points in the consideration category.

The hard letters to write are to those applications who are good candidates, the ones who have taken the effort to research what it is that I do and have crafted their cover letters and resumes to show me how what they have to offer fits with my practice. These are good studious kids entering a tough job market. I wish them the best of luck.

When it comes to commercial airline travel, I’d just as soon fly myself, but a business trip with strict time requirements in the middle of winter is not conducive to travel by light aircraft – so I find myself at an airport waiting to be crammed into a large aluminum tube that will, hopefully, transport me across the country with all the comfort of your average city bus. What makes this trip unique is that this is the first trip where I’m leaving my practice behind.

This trip was scheduled several months ago, so preparations have been fairly relaxed and the advanced notice made it possible to schedule around the few week days I will be away. My answering service has been briefed on how to manage client calls, there are no deadlines to be concerned with and I have every confidence that things will go smoothly. The problem is, I’m leaving my practice behind – this is not a day trip up to the city for a CLE or a few days off to catch up on farm chores; this is being a 1000 miles away with no easy way back – totally reliant on that thin digital umbilical cord of cell phone and internet to sustain operations.

Sure, I have a back-up attorney in case the unexpected would happen and I have every confidence that should an emergency arise he would be able to handle it; but we’re in new parent territory here – this is the first trip away from baby. I know the sitter is fully qualified, that all the emergency contact information is pinned to the refrigerator and that all will be well. Unfortunately, knowing and feeling are two different things and right now, the later is running roughshod over the former.

I had thought that it would be the stress of missing work, of losing revenue that would be the hardest part of traveling – after all being way over there means that I’m missing potential income right here. But no, I’m sitting here stressing over simple separation anxiety.

A well-informed mind is the best security against the contagion of folly and of vice. The vacant mind is ever on the watch for relief, and ready to plunge into error, to escape from the languor of idleness. - Ann Radcliffe

At a recent “new lawyer” seminar the speaker, in response to a question from the audience, spent quite some time dispensing tips and procedures for avoiding “bad” clients and provided a cautionary tales about how they handled their “worst” clients. While the tips were the usual dull platitudes,  I was struck by the automatic assumption that there are “good” and “bad” clients – seems a fairly silly base level assumption to make if one is in what is essentially a customer service business.

As I see it, clients come to a lawyer during times of stress. They come to us in a frame of mind that prevents them from operating as their highest, most rational self, and they come to us more through the actions of the imp of the perverse than through their own volition. So, is it any wonder that, at these times, they may require some hand-holding as they venture onto this new and unknown path. Or that, to a stranger, they may appear to be difficult or unpleasant. There is no good or bad here, there are just people who are reacting rather than consciously acting.

Implicit in our role as advocate, is the assumption that our clients lack the standing, skill, knowledge, ability, and perhaps even the emotional capacity to speak for themselves. It follows then, that as an advocate, it is part of our function to inform our clients, to clarify expectations, to educate and inform, to stave off that “plunge into error”. When we take on the mantle of advocate, the base level assumption becomes one that allows clients to be somewhat less than themselves; allows for less than stellar behavior.

There are no good or bad clients, there are client’s whose “shadow-self” (to borrow a phrase from Pauline Tesler) is one I am not prepared for, but that is my failing, not the client’s. My job is to learn and do better the next time. Hey, perhaps I did take something away from that CLE after all.

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…)

« Previous PageNext Page »

Follow

Get every new post delivered to your Inbox.

Join 309 other followers