IOLTA ABCs

OK, strictly speaking, you don’t need to have a trust account. If you never receive settlements on behalf of clients, never receive advance fee or cost payments from clients, and never hold other funds on behalf of clients – you might not (at least in MN) need a trust account. However, the Lawyers Professional Responsibility Board’s recommended practice is to maintain a trust account just in case. Think of it as cheap CYA insurance.

Opening an IOLTA (lawyer’s trust account) in Minnesota is a simple process – find an approved bank, download and complete a Notice to Financial Institution form (see the Lawyer Trust Account Board), and then take the form with you to the bank when you open the account. After spending 30 minutes with a banker and making a nominal deposit you’ll walk away with an IOLTA account.

While the Lawyers Board and the Minnesota Bar Association have a number of helpful materials on managing your trust account, they do omit some very practical hints like:

  • Use different color checks for your operating and trust accounts (green for your operating account – its your money & red for your trust account – stop its your client’s money)
  • Color code your deposit slips so that they match the check color of the account (green stripe for operating, red stripe for trust)
  • Keep your trust account & operating account at different banks
  • When choosing a bank for your trust account, ask what interest rate the bank pays on the funds – pick a bank that offers the best interest rate. It costs you nothing while helping others.

SaaSy Practice Management

Carilyn Elefant’s Complete v. Cobble v. Cutting Edge is an excellent 30,000′ look at the general choices available for practice management. While  I believe that she is right in recommending that any new solo take a serious look at web-based (SaaS) solutions, I don’t believe that desktop solutions have seen their day. Until reliable high-speed Internet connections are ubiquitous the web will be both a great strength and an Achilles heel.

As I look for a practice management solution, I am looking for that magic bullet – a software package that will facilitate the mundane business of practicing law leaving me more time to practice law. Sure a cobbled system – Outlook for contact management, a strict file structure & naming conventions or perhaps some type of revision control software (SVN is free) for document management, and a tickler/productivity system like Tim Ferriss never forget anything againis an inexpensive and workable solution. The downside is that like any D.I.Y. project, it just invites tinkering, tweaking, and time-wasting as one strives to perfect it, and, unlike desktop and SaaS solutions, there is nothing in the cobbled solution (besides one’s personal iron determination) to impose disciplined consistency.
Desktop solutions are the devil we know. They have years of development behind them leading to full-featured software and generations of lawyers that will swear by/at them. The implementation of any desktop solution represents a serious investment of money (upfront license costs, yearly maintenance agreements) and time in the form of steep learning curves and software maintenance.

The new kids on the block are SaaS solutions. Lacking the comprehensive feature set of the desktop solutions, they reduce training costs and eliminate maintenance expenses. If one considers total cost of ownership, SaaS solutions can be a quarter of the cost of a desktop solution. The risk here is one of trust. Do you trust your Internet connection enough to risk access to your conflict checker/time keeper/billing/document management software? Do you trust the SaaS vendor to keep your data secure, private, and confidential? Lacking a well-established user community and reputations built through long experience, SaaS solutions are the devil you don’t know.

See also:

Caseload

Finally, a SaaS Practice Management tool whose pricing makes sense. Caseload by Blackletter offers subscriptions that range from free to $50/month. For $0/month, 2 users can work on a single active matter. Other plans increase both the number of users and the number of active matters. Don’t like limits, then the $50/month plan is for you – unlimited users, unlimited matters.

Caseload must have project management genes somewhere in its origins because it is very work-flow oriented and offers graphical outlines of each active matter showing task order and deadlines. Caseload does not offer many frills – invoices are fairly plain, no multiple billing rates, and there is little to customize. But it does provide the basic tools for matter & contact management, calendaring, to do lists, billing, and file storage.

The user interface has a few rough edges – it is not always possible to move from one subsection to another without making use of the browser’s back button and you may have to scroll down the page to reach the “help” button. Other complaints – there does not seem to be obvious way to import/export data, no tutorial is provided, there is no way to classify a contact as opposing party, and conflict checking is rudimentary bordering on primitive. While, the price point helps to mitigate the software’s flaws, my overall feeling is that Blackletter may have jumped a little to soon when they released this version.

VLOTech – A More Complete Solution

At $260 per month per attorney, VLOTech is a significant step up in price from rival practice management SaaS offerings Rocket Matter and Clio. However, if you are interested in having a true 100% virtual practice, VLOTech is a far more complete solution.

In addition to the standard practice management and billing features, a VLOTech subscription includes a dedicated IP address, dedicated hosting, a firm web site, and secure client homepages that can be used to facilitate client communication.

For more information on the potentials of practicing law online,  VLOTech offers a free ebook. Keep in mind that the 100% vitual practice is a radically different paradigm for the practice of law, so check with your local PR board to see what gotcha’s exist in your jursidiction.

Starting the Firm

I’m finding that starting a firm is a process of choosing answers to a myriad of questions and hoping that each choice is going to be the right one — your typical entrepreneur worries. The one bright spot is that information is plentiful out there from general small business advice to technology review sites. Here’s some sites I’ve found useful so  far.

My go-to site for general small business advice is: SCORE.org. From on-line articles to confidential counseling, SCORE provides no-nonsense practical help from people who have been there and done that. With over 300 offices and over 10,000 volunteer counselors nationwide, there should be a SCORE office and volunteer mentor near you.

Every business needs a mission and every mission needs to be expressed. For those of us with writer’s block, there’s Mission Statements – your on-line source for mission statement inspiration. My current favorite is Sandoval Law Firm’s mission statement: “To provide fair, honest, and equal representation to those in need of legal aid.” Short and to the point.

Without adequate information, technology choices are difficult to make, and for legal software your standard review sites like CNet just aren’t much help. Not to fear, litiReviews by LexBe is here. Full text reviews are organized by software category and application name.

For those of us that see marketing as terra incognita, festooned with the warning Hic Sunt Dracones, Duct Tape Marketing is here to help. The articles section offers simple affordable solutions to problems ranging from advertising to web site design. My only quible is that a given topic heading not seem to always align with the subjects covered by the articles filed under that heading – I don’t see the connection between “Virtual Assistants” and “Online Gaming Can Be Expensive – Here’s how to Pay to Play“.