Practice Management

If only leadership were one-size-fits-all. The truth is, there is no cookie-cutter methodology to effective, empowering and essential leadership qualities. Yet effective conflict management strategies are often recognized in retrospect, guiding us to reverse-engineer our paths to success. So, as goals change, so must the leadership strategy designed to move an organization in the desired direction. Here, we’ll explore three leadership keys that are applicable to both an organization and its people. First, culture should be a top-down phenomenon. My experience in an organization where the entire leadership team went to annual conferences with multiple opportunities for professional growth is a testament to this. These multiday conferences required the top staff to attend several trainings per day with curriculums designed to bolster particular skill sets with overlapping issues for the whole team. What stood out is that the CEO always attended and always sat at the front of the seminar. If you’re wondering why the CEO always sat at the front, his answer was simple: “If I can take back just one new action, principle or methodology, the whole conference would pay for itself.” Imagine that you are watching this person and seeing how he innovates and improves the organization with intentionality every day. It normalizes change and the recognition of the need for adaptability. Secondly, almost every challenge in the workplace involves some form of conflict. Whether it’s interdepartmental disputes or friction with outside forces, every challenge carries an element of disagreement. When there is a difference of opinion on how to resolve a conflict between team members, what is the culture for dispute resolution? Who sets the tone? It’s not just about settling disputes; it’s about establishing a process that’s as productive as the outcomes it aims to achieve. Ironically, we expect people to resolve disputes, internal and external, even though they have absolutely no training, no experience and no frame of reference for how to resolve a dispute. Think of it this way. If there were a huge fire in a building, everyone inside would know to walk swiftly to safety. But there is one group of people who would run toward the fire: highly trained professionals who know what to do in the event of a fire. Yes, you guessed it. Trained fire professionals would employ the quickest, safest way to extinguish the fire. Similarly, there are people who use these skills in the corporate setting to resolve disputes, soothe clients and save the day. But how many of these people are trained to use their natural talent to keep the organization moving forward? Imagine a workplace where many of the professionals revel in their ability to resolve conflict consistent with the goals of the company rather than personal ego, power trips or misdirection. Just as work is not static, neither is the ability to assess a situation and make the appropriate adjustments. By investing in conflict resolution training, we set up the organization for success with leaders equipped to recognize when it’s time to collaborate or adjust for the overall benefit of the team. The shift in the focus from individual leadership to collaboration and execution will enable and support a culture of best practices. Finally, every new leadership tool requires a check-in. Is it working? More importantly, does it need refinement so it can be a more effective tool for the organization? Adjusting training and rollout—transitioning from a conflict avoidance stance to one of proactive conflict management leadership—can mean the difference between a culture that thrives and one that stumbles.

Pressed for time and averse to business jargon, solos and small law firms may be overlooking benefits of strategic planning that include more and better business over the long term. If a small law firm is perfectly happy with its current status and future outlook, then it does not need a strategic plan. But really, how many firms can claim to be perfectly satisfied? Most small firms want more business and better business. To achieve this goal, these small firms need a strategic plan. If you don’t know where you are going, after all, any road will get you there. Following many roads in random directions is inefficient and ineffective. If you do know where you are going, you can follow a specific and direct path to success. When asked what their law firms should accomplish in the next few years, most small-firm leaders will say that they want to be more successful. They will say that they plan to do this by working harder and smarter. These vague aspirations, however commendable, do not constitute a plan. It is not surprising that many small law firms lack strategic plans. Their counterparts at larger law firms have staff to manage the firm, so that the lawyers can concentrate on clients. Solos and small-firm lawyers must do it all themselves. As a result, strategic planning often takes a back seat to client matters. What is Strategic Planning? When attorneys hear the term “strategic planning,” their innate cynicism often takes over. They envision hours spent with a high-priced consultant who spouts arcane business jargon and then presents obvious recommendations. In other words, these attorneys envision a complete waste of their time and money. Put these preconceptions aside. Strategic planning is not all that complicated. It is simply a process that forces a law firm to pause briefly to carefully consider where the practice has been, where it is today, where you would like it to be in the future—and how you can make this happen. In other words, strategic planning is a process in which an organization defines its goals and then creates a plan to achieve these goals. The process forces busy lawyers, who are often scrambling to keep up with the day-to-day tasks of lawyering, to actually anticipate the future. Most plans cover one to three years. A successful small law firm strategic plan should consider a firm’s unique culture and vision, emerging trends in the legal market that might provide opportunities, emerging threats in the market that might dictate a change of course, and any needed operational changes. Plus, a strategic plan can be simple. In fact, less is more. Law firms should not try to accomplish too much, too soon. If initial goals are too ambitious and not reached, firm members will likely get discouraged and resist future efforts. Success in achieving smaller, simpler goals can create the momentum and confidence needed to achieve more difficult goals down the road. Why do Law Firms Resist? Common obstacles to strategic planning include: Lack of incentive. Strategic planning requires an investment in nonbillable hours, which are not rewarded by most law firm compensation systems. Many firms resist spending time on an activity that brings no reward. Lack of consensus. Most law firms are democratic institutions that rely on consensus in order to get things done. Strategic planning may uncover difficult issues and spark differences of opinion. Many firms resist conflict and simply hope that a problem will go away. Lack of leadership. Strong leadership is required when dealing with difficult issues. Often, when consensus is hard to achieve, a managing partner operating alone lacks the skills and political capital to effectively manage significant changes. Lack of execution. Once created, even the best strategic plans must be implemented. This takes time and resources. Many firms find it easier to ignore a plan and concentrate on client matters. Lack of accountability. Strategic plans often impose no adverse consequences for inaction. Even if they do, the firm may not enforce these consequences. When lawyers fail to follow through on a plan’s tactics, they must be held accountable. Step-by-Step Planning 1. Assess status and gather facts. One popular and straightforward strategic planning tool that can be used by a small law firm is a SWOT analysis, in which lawyers identify the firm’s strengths, weaknesses, opportunities, and threats. Most firms will already know what these are, but have never carefully considered them all in one place. Do not get carried away. Identify only the most important elements in each category. To be more thorough, use these questions to trigger discussion Regarding the marketplace: Who are our competitors? What do they do better than we do? What do they do worse? What is our reputation in the marketplace? How can it be improved? How can we distinguish our firm from our competitors? Regarding internal issues: How would we describe our firm culture? What are our core values? Do we have the right leadership? Are there gaps? Are we getting work out efficiently, effectively, and in a timely manner? Which improvements are needed? Are our marketing efforts adequate, or should they be upgraded? Do we have the right number of the right kind of employees? Are our training needs being met? Are any of our lawyers close to retirement? What changes will this bring about? Is the firm the right size or should it be smaller or larger? Are professionals and staff compensated fairly and consistently with our culture? Does our technology allow us to compete in today’s culture? Regarding external issues and trends: Will any practice areas be impacted by changes in the coming years in the regional economy, legislation and regulation, and/or political climate? Regarding clients and services: Who are our top clients and what kind of work do we do for them? How will their needs change in the future? Which are our most profitable practice areas? Should we reduce or eliminate some areas while growing or adding others, in order to meet client needs going forward? When assessing client needs, do not rely only on lawyer perception of these needs. Lawyer and client perceptions may not be in alignment. Solicit direct client feedback via confidential interviews (usually for larger clients) and client questionnaires (usually for smaller clients). This information can also be used to identify (and plan for) future opportunities or potential loss of business. 2. Organize and rank. The above discussions will uncover a lot of information. You cannot possibly deal with all of this information at once. To keep the strategic planning process simple and focused, concentrate on perhaps three or four issues. If these issues are not immediately obvious, discuss one further question: What worries us most about the firm’s future? The answer to that question will inform your list. Some of these issues may be longstanding problems that have not yet reached crisis level, but have been neglected for too long. Thus, strategic planning not only forces small law firms to consider the future, it also motivates them to proactively tackle lingering problems that have been holding them back. 3. Create a plan. With the information gathered and priorities ranked, it is time to create an action plan. This document should be short and simple. It should address: What are the three or four realistic goals for this plan? Don’t be tempted to expand the list. Less is more. How will we achieve these goals? What are the specific tactics (including “to-do” lists). Who is responsible for accomplishment of a tactic? What are the final deadlines and interim deadlines? How will the firm measure and reward results? Will the firm offer disincentives to ensure accountability? 4. Just do it! The most difficult part of any small law firm strategic plan is execution. The best strategic plan will be wasted if it just sits on the lawyers’ desks gathering dust. To avoid this result, progress towards meeting plan goals must be monitored regularly. Constant monitoring is critical to hold people accountable, so everyone involved knows who is walking the talk and who is not. Results must be measured and communicated. It is also critical for making revisions. Perhaps some assumptions were incorrect or a tactic is not working as planned. Perhaps a lawyer has left the firm. A strategic plan is a flexible, living document—not etched in stone. Most often, monitoring is best accomplished by holding regularly scheduled meetings each month. These meetings can be short, allotting just enough time for each person to give an update. If changes need to be made to the plan, a little extra time can be added. Including Others Associates and Staff. There are pros and cons to including associate attorneys and law firm staff in the strategic planning process. On the plus side, they can provide a unique perspective on issues, providing a more accurate and well-rounded picture. Including associates and staff also sends a positive message that the firm is inclusive and values the opinions and contributions of everyone—not just the partners. On the other hand, associates and staff do not have an ownership stake in the firm and will be less immediately affected financially by any changes that are part of the strategic plan. Also, there may be certain issues that are better kept confidential. When it comes to inclusiveness, there are no hard-and-fast rules. In the opinion of many experts, expanded participation should be seriously considered for some parts of the process. Outside Consultants. A disciplined small law firm should be able to work through the strategic planning process on its own, but many find this process far easier when it is facilitated by an outside consultant. A skilled consultant can: Keep the process moving along by avoiding side-tracks; Rein in uncooperative partners; As an objective outsider, obtain more accurate perceptions about the firm from the partners; Question long-held (but possibly outdated or incorrect) assumptions and beliefs that cannot be raised by partners due to firm politics; and Provide an independent and objective voice to the process when individual lawyers are tempted to favor their own vested interests over the firm’s. Although all types of businesses engage in the strategic planning process, law firms offer some unusual challenges. It is usually best to retain a consultant who has worked with law firms and is attuned to their economics and business development practices. In addition, an experienced consultant will have a better understanding of the unique lawyer personality and what makes lawyers tick. For all of the reasons mentioned above, solo practitioners should also engage in the strategic planning process. On one hand, the process is simpler. On the other hand, it can be harder for a solo practitioner to stay on track without peer pressure to do so. Even solos can benefit from the discipline imposed by an outside consultant. Conclusion Small law firms that want more business and better business cannot achieve these results simply by wishful thinking. They need a direct roadmap to get from where they are today to where they want to be tomorrow. They need to follow that route without getting side-tracked. They need a strategic plan.

Businesspeople learn early in their careers the importance of a firm handshake and making eye contact when meeting other businesspeople for the first time. Both the handshake and eye contact are examples of how nonverbal communication contributes to first impressions. Murray Johannsen, in an article titled “Nonverbal Communication,” appearing in Legacee online, describes the subtlety of handshakes: “The example from the American culture is the amount of pressure one exerts on the other person’s hand during a handshake. One puts a certain amount of pressure into the handshake, and it should be neither too much nor too little. Another aspect of this is, when grasping another’s hand, the web of your hand intersects the web of their hand.” If a handshake can communicate so much, that’s indicative of the need to pay attention to all areas of nonverbal communication. The question then becomes: How do you improve your nonverbal communication skills as you listen to and speak with others? Step 1: Watch Yourself ... and Others. When communicating, focus on the use of your body. The goal is to increase the expressive nature of your body, when appropriate, without being overdramatic. Be aware that gestures are often more useful with groups, such as in meetings and presentations. If a person’s words fail to match his or her nonverbal cues, it’s best to trust the nonverbal messages. Listen with your eyes. In most cases, the nonverbal message is more accurate. Step 2: Maintain Eye Contact. Eye contact is crucial when speaking with anyone, particularly coworkers, superiors, or direct reports. It promotes trust and understanding. Try to increase eye contact when speaking with others, and see if they’re making and maintaining eye contact with you. If someone avoids eye contact, you’ll likely sense the person’s discomfort or dishonesty. You can ease another’s discomfort by asking questions that enhance communication. Step 3: Work on Your Posture. Your mother emphasized the need to stand up straight and avoid slouching in your chair. As it turns out, Mom was giving you your first lesson in nonverbal communication. Posture is a nonverbal indicator of confidence level. A gesture conveys a message by using one part of the body, whereas a postural shift involves the movement of the body as a whole. A closed posture (folded arms and crossed legs) indicates a closed personality and a lack of confidence. Open posture (arms spread in a relaxed manner) is a much more confident pose. Posture should also be in sync with conversations so you avoid sending mixed messages. When you’re sitting behind your desk or at a meeting table, sit up straight. Don’t slump; it conveys disinterest and inattention. Leaning back, or rocking back and forth in your chair, tells others you’re bored. In contrast, leaning forward in your chair when listening to someone speak demonstrates active interest in both the person and conversation. Step 4: Straighten Your Desk. A sloppy desk or office sends the message that you’re disorganized and careless. Messy desks may be a symptom of a larger problem such as inefficiency, which stems from an inability to find files or other important papers. Disorganization creates stress and limits productivity. Instead of creating vertical piles on your desk, rely on to-do files that can be stored inside a drawer. Step 5: Read Your Audience. If you’re making a presentation, be aware of your audience’s nonverbal communication. As your presentation progresses, watch for signs of slouching, yawning, or dozing off; this means you’ve lost their attention. If, on the other hand, the group is energized and interested, participants’ body language may convey that they want you to ask for their thoughts and input. Learning to read a group’s mood enhances your abilities as both a speaker and manager. Step 6: Listen to Your Voice. Paralanguage, or paralinguistics, involves the various fluctuations in one’s voice, such as tone, pitch, rhythm, inflection, and volume. These cues can have a powerful effect on communication. A loud or very forceful tone, for example, may convey a stronger and more serious message, as compared to softer tones. Sarcasm can also cause problems in the workplace. A manager’s sarcastic tone creates stress because his tone (joking) is meant to contradict his words (hurtful or biting). Step 7: Question Yourself. Throughout the day, monitor your progress. Ask yourself the following questions about your performance: How was I perceived at the meeting? Could I have done something differently? Were people really interested and paying attention to what I was saying? Did I listen well to others? As you answer these questions, your self-awareness will increase. None of these six steps can be taken for granted. True, some people are more aware of slight distinctions of nonverbal communications than others, but everybody can learn to use the six steps and thereby make dramatic improvements in their ability to communicate effectively with others. 

Regardless of whether you’re the managing partner of a firm with dozens of attorneys and support staff, or you’re a solo practitioner, relying on the assistance of a skilled paralegal, a legal secretary, and other assistants, there’s no getting around the fact that your firm needs to be prepared to handle employment issues. Fortunately, if you follow these six suggested tips for minimizing employee problems in your law practice, you can likely save yourself a great deal of time and frustration if and when an employment problem arises. Update Your Employee Handbook At Least Once Every Two Years Law firms of all sizes would be wise to make sure that their employee handbook is updated at a minimum of once every two years. This will reduce liability by clearly outlining the firm’s vacation payout policy, the employee complaint process, disaster recovery plans and policies on how workplace violence and/or harassment will be handled. In addition, your firm’s employee handbook must include code of conduct requirements, which should cover topics including dress code, code of ethics, safety, and attendance policies. In addition, your firm’s communications policy needs to address the proper usage and storage of mail/emails, text messages, and address any social media related restrictions. And of course, law firms of any size must address nondiscrimination policies, employment and termination policies, and include an acknowledgment letter. It’s important to provide all employees with a copy of any revisions to the employee handbook as they are implemented. Likewise, a new letter of acknowledgment of receipt of revisions to the handbook should be distributed and signed by all employees. Maintain Proper Documents When you find yourself in the undesirable position of having to terminate an employee, you’ll find that the process is far less anxiety inducing if you’ve kept proper documentation of their performance. All violations of the firm’s code of conduct or other policies must be addressed and documented, so as to protect your firm from a lawsuit later on. For example, when evaluating performance or taking disciplinary action, make sure that the meeting is documented with the dates and times of the incidents. Suggestions for improvements to be made in the future should also be provided for the employee facing disciplinary action. In addition, be sure to record the names, dates, and times of all who are in attendance when addressing the violation(s) with an employee. At the conclusion of any meeting regarding firm policy violations, be sure to have the employee sign an acknowledgment that they have received warning of the violation, understand the future disciplinary actions that may be taken if the problem is not corrected, and understand how to not make the same mistake again. Safely Store All Employee Records An I-9 is the absolute bare minimum of what needs to be safely stored for each firm employee. Savvy firms will also retain a copy of the employee’s resume, any background check results, any confidentiality agreements, and a copy of the acknowledgment of receipt of the firm handbook, along with items such as the offer letter presented, and the W-4. A second file for each employee ought to be created and maintained, which will include all health and welfare-related benefits information which may be protected under HIPAA privacy laws. This safely stored file ought to include items such as insurance benefit forms, drug screening consent forms and results, physician’s notes, and/or any personal or family leave information. In addition to keeping all personal information safe and secure, it’s smart to schedule an annual audit of your own files to ensure that all pertinent information is where it ought to be, and that it is safely and privately protected. Spend More Time Screening Employees An ounce of prevention is definitely worth a pound of cure when it comes to hiring new receptionists, legal secretaries, office managers, paralegals, law clerks and of course, attorneys. Discrepancies often exist between what potential employees report on resumes and cover letters, and what can be verified by their previous employers. In addition to a job history verification, you’re going to want to conduct an education verification, criminal background check, fraud detection, and a National Sex Offender Registry check. Because of the time commitment required to thoroughly pre-screen employees, it’s not surprising that many firms opt to outsource this process, including drug screening, background checks and more to companies who provide this service. If you choose to pre-screen employees on your own, be prepared for it to take time, but it’s worth every minute you spend upfront, to avoid the time and expense of terminating, and having to start the process over again with a new candidate. Focus on Onboarding Training Studies have shown that employee turnover costs employers much more than an employee’s annual salary. The time spent training only to have an employee leave, followed by finding another candidate is incredibly costly in terms of time and money. Onboarding training aims to reduce turnover. In its simplest form, onboarding refers to the process of acclimating and welcoming new members to your firm, by providing them with resources, tools, and the knowledge they need to be successful and productive members of your firm. In order to create a firm culture that matches with your vision, it’s smart to formalize an onboarding training program, so that new employees understand overall goals and vision for the firm. Be Careful with Classification of Employees Any slip-up with the classification of employees can wind up costing your firm a lot of money. You need to familiarize yourself with the differences between a non-exempt employee, an overtime exempt employee, and any independent contractors, including contract attorneys. The Fair Labor and Standards Act (FLSA) governs classification issues, while the United States Department of Labor Wage and Hour Division provides guidance on the FLSA. Visit www.dol.gov for more information. If being responsible for hiring, training, and classifying employees all seems like way more work than you signed up for when launching your firm, rest assured you’re not alone. As the head of a firm of any size, you’ll ultimately be responsible for the success and safety of your practice. But that doesn’t mean that you have to personally address all of the HR and employment issues facing your firm on your own. It is a misconception that Professional Employer Organizations (also called PEOs) are only available to large firms. On the contrary, firms ranging in size from 5-150 employees are actually perfect candidates for engaging the services of a PEO, because the firm will receive the “big firm benefit packages” which help to recruit and retain top talent. They also reduce many of the employer liabilities that your firm may currently have. Indeed, by offloading these responsibilities to companies who handle employment matters and HR issues each and every day, you can focus on what you do best—passionately advocating on behalf of your clients, so that your firm can continue to flourish.

Face it: anxiety is a part of your life. As lawyers, we are constantly pressured to deliver results for our boss, opposing counsel, the court, and most importantly, our clients. Regardless of what can be controlled, we are expected to foresee what could go wrong with every correspondence, motion, hearing, email, settlement agreement, and contract. It is no wonder that so many lawyers suffer from anxiety, among other illnesses. For most lawyers, anxiety is just another facet of life. In our do more culture, this means billing as many 0.1 increments as possible. Often, we do not realize how much stress we are under until we go on vacation—assuming we left our computers and phones behind. Despite the prevalence of anxiety among lawyers, we rarely discuss healthy ways of managing it. To learn more about anxiety, I reached out to Joe Gilbert, a Licensed Professional Counselor in Raleigh, NC. Gilbert says: Our brains are hardwired to scan our environment for potential threats. This served a purpose when our cavemen/cavewomen ancestors faced legitimate threats of starvation, attack by another tribe, or being an appetizer to a large animal. “Fight or flight” was necessary to stay alive. Thinking about anxiety as an evolutionary response is helpful, as we often try to understand our anxiety from a logical place. According to Gilbert: Most of us don’t face matters of life or death on a regular basis, [yet our] brain still tries to justify why we are feeling anxious. We may wake up feeling restless, irritable, or worried, and then our brain tells us “there must be a reason for this!” and works hard to find an answer to justify these feelings. In our culture of “knowing,” we believe that if we can find the logical answer, then we’ll feel better. Unfortunately, logic and analytics don’t always apply to human behavior. Often, stress and anxiety fuels our motivation and drive. As a caffeine fueled insomniac, I was certainly no exception. I would suffer from stomachaches starting on Sunday evening, which mysteriously subsided in time for Friday happy hour. However, I did not see this as a problem, as many lawyers I knew also lived this way. Our anxiety gives us a feeling of purpose and meaning; after all, the work must be important if it is making us miserable. After nearly a decade of living with persistent anxiety, I finally took action, and found healthier ways of working with anxiety. I started practicing mindfulness and meditation daily, and went through cognitive behavior therapy. What I know now is that debilitating anxiety does not have to be a part of law practice. Tips for Healthy Ways of Relating to Anxiety Breathe. Breathe. And Breathe: This is Gilbert’s first piece of advice, and has consistently worked for me. Our breath is a gift that is always under our nose. It is an anchor in stressful situations, and reminds us that we are living beings, not machines that are supposed to run perfectly. Reciting a mantra or prayer can help as well. Two of Gilbert’s favorites are: “This too shall pass” and “Easy does it.” Smile: Smiling loosens up the facial muscles and helps us relax. Focus on where the tension is in your body. Many of us carry anxiety in our forehead, throat, shoulders, chest, abdomen, and hands. If we can relax those parts of our body, it might help relax our mind as well. Honesty: One of the most powerful—and paradoxical—tools we have at our disposal is being honest, and naming what we feel. A surefire way to diffuse anxiety is to name it. Change Your Behavior: Gilbert offers the following mantra to his clients suffering from anxiety, “Move a muscle, change a thought.” If you are having an anxious thought, chances are that further rumination is unnecessary. Go for a walk or a run. Talk to a friend. Pick up a pen and journal. Toughing it out or fighting through anxiety may be a way to avoid the underlying issue. He encourages people to “put down the boxing gloves, and learn to dance with anxiety.” Write Your Worries: Slow your thoughts down to the speed of writing by journaling (with pen and paper, not on a computer). Ask for help, even though this can be hard. Talk with a trusted friend. Everybody experiences anxiety, even if they have a different word or definition for it. Good vs. Bad: According to Gilbert, labeling anxiety as bad can actually make it worse. In the field of mental health, there is a saying that may help explain this: “It’s not important how you feel, but how you feel about the way that you feel.” So when I feel anxious do I add a layer of judgment to this feeling? Am I mad at myself for feeling anxious? Do I believe I shouldn’t feel anxious? Rather than thinking about anxiety in terms of “good vs. bad,” I suggest focusing on healthy or unhealthy ways of relating to our inevitable anxiety. Back to Basics: It is important to maintain adequate sleep (typically 8 hours a night), exercise regularly, eat healthy foods, drink plenty of water, and cut out vices such as sugar and tobacco. Try meditation, yoga, or another form of mind-body awareness practice. Knowing When to Get Help How do you know when it is time to get help for your anxiety? “If you’ve been using the tools mentioned above for 90 days, and you still feel that anxiety is causing significant problems in your life domains [family, work, social, physical], seek professional help,” says Gilbert. I was not aware of how anxious I was until I learned to stop living with it. Today, I feel grounded, happier, and at ease. It was not an easy process. Having spent over a decade with anxiety, it was a part of my life and identity. However, the payoff from getting help was immense. I no longer suffer from insomnia, headaches, backaches, or stomachaches. Additionally, I am a better lawyer because I can stay calm and present in difficult situations. Start addressing your own anxiety with these tips from Dr. Gilbert, and seek help if you need to.

Driving client engagement is important. With demand for services remaining almost flat, firms are grabbing share of wallet from one another. Not sure what to ask clients? How to build long-lasting trusted advisor relationships? First, let’s take a look at the stages of relationships law firms have with clients. Study after study among law firm industry clients shows that, for the most part, they are ambivalent about their outside counsel. That’s not to say they don’t like the relationship with lawyer(s); it’s more to say that given a solid value proposition for changing counsel, some would make the switch. There is some need-to-know information to ensure the firm is retaining and growing long-lasting relationships with clients. If relationship partners don’t have the answers to these questions, then it’s time to get them packing to go visit clients, add value, and build revenue growth opportunities. Clients not only expect these proactive visits (preferably in person but, at the very least, virtually), they will slowly distribute work to those firms that show they care. There are two sets of helpful questions to make quick—but significant and necessary—work of advancing this aim. The purpose of the first set of questions is to proactively plan with the client by meeting once or twice a year. This alone will, by far, set a firm apart from its competitors. And, based on the responses, it allows the lawyers to anticipate related legal needs. ‘Legal planning’ is how we describe this. We all know these check-ins with clients are important. Make it a strategic priority of the firm and have partners report back on results. Client Retention and Growth Questions (Especially Important for Client Team Planning)  Please describe the company’s goals and objectives for the next 12 months. What are the company’s top three priorities this year? What potential challenges does the company face? Where do you see the business going in one, three, or five years? What growth opportunities do you foresee in the future? What are the greatest challenges you are facing in the legal department? What’s currently working in the legal department? What’s not? What are the best ways in which outside counsel may help you achieve your goals? Client Service Interview Questions Value How do you determine value received relative to professional fees? Regarding value, how does our firm compare to other similar law firms? As you consider all your service providers, what separates one from another? How do you manage your legal costs in terms of overall fees? Hours, rates, etc. Can you think of any services that we might offer that we don’t offer currently? What changes, if any, would you suggest? Outstanding Service When you think of “outstanding client service,” what comes to mind? How would you describe “quality service?” What should we stop/start/continue doing? What else can we do to make your efforts more successful? Understanding Your Business What does “understand my business” mean to you? How would you evaluate our understanding of your business? What level of understanding do you expect from your outside counsel? Can you suggest ways for us to better understand your business? Over the next year, what changes or challenges may impact your business and what you want or need from us? Are there any other business needs that we might address for you? Relationship How would you describe the relationship with our firm? In your relationship with our firm, what specifically impressed or disappointed you? What are the most important elements of a professional relationship to you? In general, what characteristics do you value regarding the attorneys on our team? In what specific areas could we improve? How likely are you to recommend our firm to others? To protect the firm’s client base, begin to incorporate client retention and growth plans into the firm’s strategy and discuss these strategic initiatives and progress at quarterly firm meetings. Invite clients to spread the word and provide additional thought leadership.

We recently asked the Baker Donelson community to share “one tip or piece of advice on how to create meaningful mentorships.” 1. “I had the good fortune as a senior associate and young shareholder to work closely with John Tomasso, General Counsel of our client, Rexel, Inc. Rexel had bought electrical supply distributors across the United States, and John was tasked with piecing it all together from a legal standpoint. John entrusted me with a great deal of responsibility for the employment law compliance in that regard. We worked together to prepare a multistate employee handbook and to resolve various employment disputes and litigation across the country. Along the way, John gave me feedback and helped me understand his role and how what we were doing related to the inner workings of the company. Thanks to John, I learned to understand the general counsel role and the challenges and pressures associated with it. I also learned how to be a better advisor and problem solver. To be blunt, John is one of the most influential and impactful people in my entire legal career. His advice, feedback, and trust were critical in developing me as a trusted advisor on significant matters for a large, indeed international, company. We worked together for many years and accomplished a great deal, for which I am still very proud. I cannot thank him enough for all that he did for me.” —Russell W. Gray, Shareholder, Baker Donelson 2. “We’ve all heard that you get out of something what you put into it. This is especially true for a mentor/mentee relationship. Both parties must be willing to commit to ‘doing the work,’ it simply will not work if only one person is invested. True successful mentorships that I’ve been a part of or witnessed have two active and engaged participants, two parties seeking to learn from and lean on each other. I have been blessed by a very strong mentor who has unselfishly shared his time, guidance, and support throughout the years, and I would not be where I am today without him. As our mentorship has grown, because we both continue to be invested, it is now more of a two-way street, and we lean on each other for advice and support. In my opinion, this is the only true way to succeed. Relationships are vital to our success, and that success is rarely, if ever, a solo effort. I try to focus on billable work during the week and non-billable work on the weekends. I am also trying to do better at what I say ‘No’ and ‘Yes’ to; making sure I am saying ‘Yes’ to the important things in life.” —Whitney M. Dowdy, Shareholder, Baker Donelson 3. “One of the most important things I learned from my mentor, Darlene Davis (now Managing Director at SMBC Leasing and Finance, Inc.), is that effective mentoring is a 360-degree process. Teaching technical skills is important, but it is equally important to expose mentees to all aspects of being a Trusted Advisor. As a result, I introduce my mentees to a variety of tasks, including attending structuring conference calls with clients, listening to negotiations with opposing counsel, learning how we produce fee estimates, understanding the billing process, and attending in-person business development activities.” —Kevin P. LaTullip Jr., Shareholder, Baker Donelson 4. “Sometimes I put so much pressure on formal mentorship and programming that I forget to appreciate the value of all the little nuggets our mentors can organically pass on every day. Firm shareholder Michaela Poizner went from being my associate mentor when I was a summer associate to being my shareholder mentor early in my career to now being my practice group leader, and the value and knowledge I’ve gotten simply from watching her progress and tips along the way, has been invaluable!” —Tenia L. Clayton, Associate, Baker Donelson 5. “I am supposed to provide one tip, but I really have two that I believe ultimately define whether a mentorship is successful. First, it is absolutely critical that both the mentor and the mentee take ownership over all aspects. Yes, the mentor has more experience to share, but a good mentee is not a passive part of that relationship. A successful mentorship requires that both the mentor and mentee view it as a commitment to a common goal in which they both are ready to commit time and energy. Second, we are all busy, and I have found that once a regular cadence of meetings falls off the schedule, it is difficult to put it back on. So, at the conclusion of every mentorship session, I have found it helpful to schedule the next session, on the spot, at that moment. Invariably, a loose commitment to circle back up in a month turns into two or three months. But, if both the mentor and mentee get the next meeting on the calendar at that moment, it is more likely to hold, and they can keep a regular pace of development” —Steven F. Griffith Jr., Shareholder, Baker Donelson 6. “My advice would be to make a regular, recurring appointment to meet. You may dread it, you may not be prepared for it, you may not have time for it, but, in my experience, the best way to make the arrangement work—either as a mentee or a mentor—is to meet regularly, even if only for a few minutes.” —Blair B. Evans, Shareholder, Baker Donelson 7. “My piece of advice is that both parties be authentic and open to learning from each other. The relationship does not need to be perfect, but everyone must make an effort for the relationship to be successful. Do not be afraid of being uncomfortable and ask thoughtful questions.” —Mark A. Baugh, Chief Diversity and Inclusion Officer, Baker Donelson 8. “The best mentorship advice I have is to be intentional about setting a recurring meeting. The best mentor/mentee relationship I have involved scheduling a weekly 15-minute ‘coffee break’ on my calendar with my mentee. They happened to be in my same office, so we would grab a cup of coffee and sit in one of our offices to discuss what was working well, what could be improved, opportunities I could provide, and obstacles I could help remove. The intentionality of a recurring time to sit and talk, albeit for a brief time, paid dividends over the long term as that individual was the best associate who ever worked with me.” —Timothy M. Lupinacci, Chairman and CEO, Baker Donelson 9. “I really like this quote from Oprah Winfrey that I wish I could claim for myself: ‘A mentor is someone who helps you see the hope inside yourself.’ But to answer your question about how to create meaningful mentorships: The greatest gift you can give is to listen with your full focus, your full presence, and your full attention.” —Dr. Mindy Howard, Cosmic Girls Foundation 10. “I’ve been in-house for 13+ years, so my perspective may be different than someone seeking a mentor specifically at their firm. However, here is what I have learned: (1) it’s worthwhile to consider that the best mentor for you may not be at your firm, or company, or may not even be a lawyer! I’d encourage seeking out someone whose career, leadership style, executive presence, or community relationships you admire, even if that person and their role is radically different from you. The best mentor to help you reach your goals, whatever they may be, could be an outside-the-box person. (2) I’ll take what others have said a bit further: I suggest that mentor and mentee define at the beginning of the relationship (or beginning of each year or other increment of time) a joint expectation, or “KPI” for the relationship. What is the ultimate goal of the mentorship, or the goal for this year/quarter? What does a successful outcome look like? For example, is it the ability to handle more matters for the mentor? Is the goal for the mentee to be ready for a non-profit board membership? Perhaps it’s a general learning experience that will evolve as time goes on. The point is, that having a joint KPI or agreement on the goal(s) can help keep the relationship on track even when we get busy!­” —Katherine Knight, VP, Chief Legal Officer, HR & Corporate Governance at Mitsubishi Motors North America, Inc. 11. “In my experience, one of the most helpful things a mentor can do is to introduce the mentee to others within the organization or field to help the mentee build their professional network and resources.” —Anna Long-Humphrey, General Counsel, DCI Donor Services, Inc. 12. “In my experience, the strongest mentors in my life have been those whom I connected with on both a professional and personal level. Having someone whom you feel truly supports your growth and development but also cares about your well-being, is absolutely invaluable as a woman in the legal profession­.” —Katie Martin, VP Operations Legal Counsel, Trilogy Health Services 13. “For both parties in the mentoring pair, it is critical to understand the answer to three questions: 1) What is her passion; 2) How does she want to grow: and 3) How does she want to be recognized? It’s impossible to have a successful relationship without understanding deeply what motivates your mentoring partner. And don’t overlook partnering with someone you consider to be at the same stage in their career so that you are equally mentor and mentee in the relationship—that type of mentoring relationship can hold you accountable in very honest ways.” —Christy Tosh Crider, Chair, Baker Women

Succession planning is a crucial aspect of the legal profession. As lawyers, we devote our careers to serving clients and providing expert legal counsel. However, it is equally important to plan for the future and to ensure a smooth transition for our clients and law practices when either the time comes to pass the baton or in the unexpected situation when we are no longer able to continue practicing law due to incapacity or death. Law firm succession planning is particularly important for solo or small firms to ensure a smooth transition of the lawyer’s practice in the wake of an unexpected circumstance. It is hard to believe, much less think about the possibility, that we might be involved in a life event that renders us incapable of practicing law whether for a period of time or permanently. Examples of these types of unexpected life events include loss or suspension of your law license, the onset of a life-threatening illness, suffering a disability that makes the practice of law impossible, involvement in an accident that results in temporary or permanent incapacity, a family emergency that requires an extended leave of absence, or the sudden loss of life. Unfortunately, these events happen, and we as lawyers need to make sure we have a solid succession plan in place just in case. Recently, our firm was contacted by a woman who called in a panic. She was the daughter of a lawyer who slipped, fell, and hit his head, rendering him incapable of practicing law. She was desperately reaching out to us as she did not know what to do with his law practice. She had researched other resources online, but none of those resources provided her with the assistance or detailed plan she needed to wind down and close her father’s law practice properly. Family members are often lost in this regard when an unexpected event or loss occurs, and they are unsure how to navigate this process. That is why it is so important to have a detailed succession plan in place to guide those we love and care about through the process of winding down and closing our law practice in the event of a catastrophic event. Without a succession plan, family members must figure out how to navigate the process or they must hire someone at great expense to help them through the process. Succession planning now for the future is important for many reasons. Among those reasons are protecting client interests, preserving your firm’s reputation, identifying and developing future leaders in your firm, creating financial stability and ensuring business continuity. Furthermore, proper planning helps minimize legal and ethical risks that can expose you to potential bar grievances and/or legal malpractice claims being filed against you. Moreover, proper planning ensures a smooth transition for your clients, your employees and your family. Protecting Client Interests One of the primary reasons why succession planning is essential for lawyers is to safeguard the interests of our clients. It is important to remember that just because we suffer an unexpected life event that results in our incapacity or death, our duties and obligations to our clients survive that incapacity or death. Incapacity or death is not an excuse. Clients rely on us for legal guidance and support, often entrusting us with highly sensitive information. By having a succession plan in place, we can ensure that our clients’ needs will continue to be met even in our absence. A well-executed plan will minimize disruptions, maintain the continuity of client relationships and ensure that the deadlines in their cases continue to be met in your absence. Preserving the Firm’s Reputation Law firms build their reputation over years of dedicated service, sound advice and successful outcomes. Without proper succession planning, a lawyer’s incapacity, departure, or retirement may leave a void that can impact the firm’s reputation and credibility. Succession planning allows firms to maintain their established brand and reputation by seamlessly transitioning responsibilities to capable successors. This ensures that the firm’s legacy and goodwill are preserved. Identifying and Developing Future Leaders For multi-lawyer firms, succession planning provides an opportunity to identify and develop future leaders within the firm. By assessing the skills, expertise and potential of junior attorneys, firms can strategically groom them for leadership roles. This process involves mentoring, training, and gradually increasing responsibilities, allowing the successors to acquire the necessary experience and knowledge to lead the firm effectively upon the incapacity or death of older members. Financial Stability and Business Continuity A well-designed succession plan helps to ensure the financial stability and continuity of the law practice. It allows for a smooth transition of ownership and management, minimizing the risk of business disruption. A comprehensive plan may include provisions for the transfer of client files, management of ongoing cases, and the handling of financial matters. By addressing these aspects proactively, lawyers can protect their own financial interests, provide for future cash flow, and preserve the long-term viability of their practice. Minimizing Legal and Ethical Risks Without a clear succession plan, lawyers will find themselves facing financial, legal and ethical challenges. In the absence of proper guidance, clients’ cases may be mishandled, deadlines missed, or confidential information compromised. This can lead to malpractice claims, ethical violations and reputational damage which will survive the lawyer’s incapacity or death. By implementing a well-structured succession plan, lawyers can mitigate these risks and ensure that their professional obligations are fulfilled, even after their departure. Each of these reasons illustrate that it is critical to take the time to develop a detailed succession plan for yourself and your law firm. It is never too early to start succession planning. Indeed, planning requires careful consideration, open communication and ample time for implementation. As lawyers, we owe it to our clients, ourselves, our families and our profession to ensure a seamless transition when the time comes to pass the baton, whether that time comes unexpectedly or by choice. Creating a detailed succession plan now will hopefully eliminate the need for your loved ones to contact an attorney in a panic.

Maximizing Efficiency and Minimizing Costs: Unleash the Power of Legal Bill Review Software In 2021, legal teams reported spending only a fraction of the day (just 2.5 hours) on billable work. Flash forward to today, and teams are still inundated with time-consuming administrative tasks like tracking hours, gathering data, reviewing line items, and finding invoice details that may be lost in a sea of back-and-forth emails. On top of that, manual invoice review processes can be time-consuming and prone to errors, leading to unnecessary costs. Luckily, with the advent of legal bill review software, businesses can streamline their processes, enhance accuracy, and ultimately reduce expenses. Here are seven ways legal bill review software can trim your expenses: 1. Automated Invoice Processing Reviewing invoices line-by-line and highlighting any guideline violations or non-compliant activity—aka managed bill review (MBR)—can be time-consuming, especially when it falls on in-house staff. Few among us find it rewarding to painstakingly validate each line item in a bill—much less hundreds or thousands of bills. And in a climate where worker burnout is on the rise (a 2022-2023 survey shows that 59% of all workers are experiencing at least moderate burnout), mitigating painful, manual processes has become a priority for strategic organizations. Legal bill review software automates the invoice processing workflow, eliminating the need for manual data entry and reducing the risk of errors. Automation also ensures that invoices are processed efficiently, saving valuable time and reducing administrative costs for both hard and soft savings. 2. Invoice Compliance Checks Legal bill review software comes equipped with advanced algorithms that can perform real-time compliance checks. This helps ensure that invoices adhere to predefined billing guidelines and comply with legal regulations. By flagging non-compliant entries, the software prevents overbilling and reduces the likelihood of disputes. Legal bill review software significantly enhances the efficiency of invoice compliance checks, leading to a substantial return on investment (ROI) for legal departments. The advanced algorithms embedded in the software not only flag non-compliant entries but also streamline the entire review process. This automation reduces the time and resources traditionally spent on manual invoice examinations, allowing legal professionals to focus on more strategic and value-added activities. The integration of legal bill review software not only ensures compliance with billing guidelines and legal regulations but also delivers tangible benefits through enhanced efficiency, reduced disputes, and strategic insights that contribute to a positive return on investment for legal departments. 3. Enhanced Bill Review Accuracy Manual bill reviews are prone to oversights and human errors. Legal bill review software employs artificial intelligence and machine learning algorithms to analyze and review bills with a high level of accuracy. This reduces the chances of approving inaccurate charges, leading to significant cost savings. Legal bill review software offers a systematic and standardized approach to the review process, ensuring consistency and adherence to billing guidelines. These tools are designed to automatically cross-reference each line item against established legal billing guidelines, flagging any discrepancies or potential billing irregularities. The implementation of AI-driven features, such as natural language processing and pattern recognition, enables the software to understand complex legal language and identify nuances that might be overlooked during a manual review. By leveraging these advanced technologies, legal bill review software not only minimizes the risk of errors but also enhances the overall efficiency of the review process. The automation of routine tasks allows legal professionals to focus on more complex aspects of their work, such as case strategy and client communication. This not only improves the quality of legal services but also contributes to a more streamlined and cost-effective workflow. 4. Streamlined Communication with Law Firms Effective communication with law firms is essential for managing legal expenses. Legal bill review software provides a centralized platform for communication, allowing for seamless collaboration and enabling legal departments to provide timely feedback to law firms. Real-time collaboration features enable quick resolution of billing disputes and clarification of any discrepancies, reducing the likelihood of prolonged disputes that could potentially strain the client-law firm relationship. This leads to a more harmonious working relationship and saves valuable time for both legal departments and law firms. Improved communication can also lead to better negotiated rates and discounts, contributing to overall cost reduction. 5. Real-Time Analytics and Reporting Legal bill review software provides real-time analytics and reporting capabilities, offering insights into spending patterns, trends, and areas of potential cost savings. This data empowers legal departments to negotiate more favorable terms with their legal vendors, optimize budget allocation, and make informed decisions based on historical billing information. The software’s ability to facilitate strategic decision-making contributes to long-term cost savings and operational efficiency, ultimately boosting the overall ROI for the organization. By having a comprehensive understanding of legal expenses, organizations can make informed decisions to optimize their budget and reduce unnecessary costs. 6. Standardized Billing Practices Legal bill review software enables organizations to establish and enforce standardized billing practices. This consistency ensures that all legal matters are billed in a uniform manner, making it easier to identify anomalies and negotiate better rates. Legal bill review software also ensures that discrepancies are identified promptly, enabling timely corrections before invoices are processed for payment. This proactive approach not only minimizes the risk of financial losses due to overbilling but also fosters stronger relationships with external legal service providers by maintaining transparency and trust in billing practices. 7. Efficient Matter Management Some of the best legal bill review software includes matter management features that allow organizations to track the progress of legal cases, allocate resources effectively, and identify opportunities for cost savings. By optimizing matter management, businesses can reduce the overall expenditure on legal services. Legal bill review software contributes significantly to streamlining the communication and collaboration processes within law firms. These platforms have the ability to integrate communication tools and document sharing functionalities, enabling legal teams to work collaboratively on cases in real-time with other departments. Efficient matter management through the software also facilitates better decision-making by providing comprehensive insights into case histories, key milestones, and potential challenges. This enhanced visibility allows legal professionals to make informed choices regarding case strategy and resource allocation. Optimizing Costs with Legal Bill Review Software Incorporating legal bill review software into your organization’s workflow is a strategic investment that can lead to substantial cost savings and improved resource allocation. From automated invoice processing to real-time analytics, these tools offer a comprehensive solution for managing and optimizing legal expenses It’s not just a cost-cutting measure; it’s a proactive approach to enhancing financial control and maximizing the value of legal services.