Keeping Current: Law Practice and Business Management

A healthy business requires appropriate and effective attention to the process of staying in business. A law practice is no exception. Keeping up with developments in the law is a “given,” but with respect to our business processes, we share many of the concerns, issues and shortcomings of any business, including the current pressures of the economy.

(For me, interest in business processes comes naturally. I became a lawyer in mid-career; my pre-law credentials include an MBA and project management experience developing business software and “back office” procedures for insurance and financial organizations.)

Last week I attended the Sixth Annual Law Practice Management Symposium of the New York City Bar.

Don’t stop reading. This is not “inside baseball” for lawyers.

So, very briefly, here are my highlights of the symposium:

Cash Flow – Considering the economic environment, what business is not interested in improving cash flow? Merchant banking (credit card processing) services for our business have become really sophisticated and not only improve cash flow, but also automate some of the strict controls over attorney escrow accounts that we otherwise handle manually. For example, clients can now pay by credit card via e-mail and the terminals are “virtual,” that is, online.

Financial Services – A few banks have focused on attorneys as a market niche and have developed expertise on how to handle escrow accounts (such as organizing statements to facilitate reconciliation). Generalizing to other businesses, why not work with a financial institution that actually understands your business?

Marketing – All the buzz in marketing was about social networking sites on the internet. Here, my “take-away” was pick and choose carefully. However, two important points were raised, applicable to any business: (1) a down economy is not the time to save on marketing, and (2) businesses that don’t cut back on marketing tend to increase market share in a down economy.

Information Management – Practice management systems for lawyers have evolved and are now truly impressive. They tend to be sold on the promise of capturing more billable time and increasing revenue for lawyers. That’s not good news if you’re a client. Take heart. My “take-away” is that they are not likely to increase revenue significantly but they are likely to organize information so as to save lawyers from loads of “administrativia” and free up lots of time for real work or for (is it possible?) leisure.

And, incidentally, it’s a myth that lawyers gain by wasting time on clients’ work to boost billable hours - - actually, getting the work out efficiently and effectively leads to a more profitable practice and is a win-win with clients.

Balance of Work and Leisure – This is as much an issue for lawyers as it is for other professions and occupations. My take-away is that if you organize your practice (or business) so that it functions effectively, life balance becomes a more manageable issue.

And, as a parting point, my primary criterion when evaluating business processes is effectiveness rather than efficiency. I think that applies to any business and more specifically to law practice management.


 

Unhelpful Lawyers or Unhelpful Survey?

A recent Law.com post reported on a survey indicating that news reporters who cover litigation say that lawyers are not particularly helpful when it comes to helping reporters understand the core issues in a case.

Before continuing, I have to confess to a pet peeve about over-reliance on surveys of dubious value. Cable news shows, for example, get me going when they cite their “informal” viewer polls, and admit to a lack of “scientific” validity but go on to discuss the conclusions as if they are entirely valid. Grrrr.

Nonetheless, my hunch is there is some validity to the notion that lawyers and reporters may not speak the same language when identifying or talking about “core” issues in a case.

But, here’s my problem: the second paragraph of the Law.com post says outright that the survey may not be “bankable,” which I interpret to mean “reliable.” Then, by training, I have to think like a lawyer. If the only evidence - - the survey - - is not reliable, there is no reliable evidence to support the proposition that lawyers are unhelpful to reporters in identifying core issue in litigation. If there is no reliable evidence supporting that proposition, then why is there an article discussing it?

Here’s another problem. Long ago I learned that in sampling, the problem is not the size (or lack of size) of the sample but the representative nature (or lack thereof) of the sample. Thus, if the only problem is that the sample is small, the survey may be reliable after all. But, we may never know because all we know is that the response rate was low.

I suspect that we’re left with the intuitive notion that some lawyers may not be helpful to reporters. I also suspect that there’s an easy solution; it’s just a matter of finding the right lawyer to ask.

In this blog, we try to be helpful to all our readers, especially if they are not lawyers, in understanding a variety of legal issues within our primary areas of practice. Reporters (or all readers) are invited to comment to let us know how we’re doing.

H1N1 in the Workplace - Be Prepared

Good news, bad news.

Bad news first:  Health officials are warning there will be another H1N1 virus outbreak this fall, potentially worse than last year’s.

Good news: The Center for Disease Control (CDC) anticipates that an H1N1 vaccine will be ready for distribution by mid-fall of 2009. Connecticut Governor Jodi Rell announced that she will be making the flu vaccines free for all Connecticut residents. (The Ridgefield VNA is already planning flu and pneumonia clinics).

If there is flu pandemic, big business will likely go on as usual. However, according to a national survey recently conducted by the Harvard School of Public Health, only one-third of businesses believe they can sustain operations without severe problems, if half their workforce were on sick leave for two weeks due to swine flu. Those in a smaller workplace should take precautions now.

Business Week suggests that employers update employee contact information and develop a “pandemic preparedness plan.” The Connecticut Employment Law Blog (CELB) offers specific steps from the CDC’s website, including encouraging sick workers to stay home, and providing flexible leave policies.

Employers should consider consulting an attorney for potential issues that may arise: what are the confidentiality guidelines for disclosing information about an employee’s health? How much sick leave do you have to provide?  We hope it would not be often needed but, in case of complications triggered by the flu, the Family and Medical Leave Act provides eligible employees with certain provisions of unpaid leave. CELB discusses other legal issues that may be of interest to employers.

According to the CDC, the best advice regarding H1N1 is relatively simple: cover your mouth when sneezing or coughing, wash hands well, and stay home when sick.
 

 

 

 

 


 
 

 

 
 
 
 

 

 

 

 
 

 


 
 
 
 
 
 
 

 

Monroe Lawsuit: No More Pencils, No More Books... No More Jobs?

Blogs are buzzing about a lawsuit brought by a 27-year-old woman against Monroe College to get her $70,000 tuition payment back because she claims the school hasn’t done enough to help get her a job.

Through this lawsuit, she and her legal advisors have raised the question: to what degree (yes, the pun is intended) is an educational institution responsible for a student’s post-academic success?

Not surprisingly, Monroe College spokesman Gary Axelbank claims the lawsuit is without merit.

News accounts, although numerous, tell us very little about the specific facts or the legal theories behind the lawsuit. We are not in the business of trying to handicap pending cases, especially based on pure speculation. However, we are curious, so we checked out the Monroe website for background. Here’s a sampling:

According to Monroe College’s Mission Statement, the school provides “caring and effective teaching and sustain faculty who…are dedicated to student success. We build on these strengths to prepare graduates for successful careers.” The College’s Office of Career Advancement helps with career assessment, resume writing, job search and strategy, employer recruitment and placement, interviewing skills, and other job search guidance. Monroe provides every student with a Career Advisor and offers access to online and web-based career resources.

We will continue to follow this case as it develops in the judicial system. In the meantime, the court of public opinion, despite not having all the facts, seems to be readily in session.