Small ideas on legal practice, research and technology

Archive for ‘Practice’

Search Your Name!

You’ve probably done it before. And maybe there were no surprises. Nothing to worry about. That’s great. But how long has it been? This internet that we love so much? It’s not really known for ‘staying put’. Blink once and something will happen.

And while you’re developing new habits, it wouldn’t be a bad idea to also search your firm name and the names of your associates and staff, particularly if they’re meeting with clients.

You may be pleasantly surprised. Some new, complementary reviews that you didn’t know about? Great. Post them on your website. Thank the generous clients and …

Posted in: Practice

The Power of a Deep Breath – Find Yours

Start right now.

Place your hand on your heart. Notice your heart beat beneath the palm.

Think of someone or something that brings you happiness. You can’t help but gently smile.

Take a slow, deep breath. Feel your chest rise as you inhale. Feel your heart beat against the palm of your hand.

Hold for one or two counts.

Exhale slowly.

Repeat three to five times.

Remember, this practice is for you. Find your own pace, one that feels good to you.  Time your inhale and exhale to the count of five or more if you prefer.

Close your eyes, …

Posted in: Practice

Uncivil Conduct Can Be Cured With Civil Conduct

For several years I worked in a small-ish town in a small-ish bar where everybody knew your name. Stepping into an examination for discovery was almost as familiar as stepping into Cheers. During an examination for a discovery of my client, defence counsel – a lawyer who was typically patient and good-natured – became frustrated and raised his voice. I let it go. But the anger continued into the next question, louder still, demanding my client answer the question with more clarity. I stuck out my hand, fingers up, palm out, to indicate to my client not to answer. Defence …

Posted in: Practice

Financial Headwinds to Avoid in 2018

2017 has already come and gone and while it may have seemed like a volatile year from a political perspective, it was actually a very stable rise in the investment markets. In fact the VIX, a measure of volatility in the markets, was one of the lowest on record we have seen in this decade. Often when we have had such periods of market stability, investors underestimate market risk. Here are some financial headwinds to avoid in 2018:

  1. Borrowing costs will likely rise in 2018.
    The economy’s improving, and chances are interest rates will go up. Are you ready?
  2. Consider
Posted in: Practice

Silence Quells the Fire

It was an intimidating scenario for a young lawyer. Representing the sole plaintiff in a multi-millionaire dollar lawsuit, I attended my client’s discovery anticipating a bombardment of questions from four defendants’ lawyers, some with more experience lawyering than I had years of life. Deep into a long day, one of the lawyers asked a question I refused. “On what grounds?”, the lawyer asked angrily. “Irrelevant”, I said. Then the other three lawyers chimed in indignantly, “It’s clearly relevant!”, “You’re out of your depth!”, and, to each other, for my benefit, “He’s a young lawyer.”

I was shook, but I had …

Posted in: Practice

A New Way to Look at Law Firm Marketing Plans

You’ve been hemming and hawing about whether or not it would be worthwhile to develop a marketing plan for your firm. Meanwhile, there’s been no change to the status quo, even though you’re not actually satisfied that you’re meeting your practice goals.

Well, here’s a new way to look at the problem.

Simplistically, there are five key aspects to a legal marketing plan:

  1. Target market – Who do you want to reach?
  2. Messaging – What is your unique and valued difference?
  3. Vehicles – Where will you distribute that message?
  4. Action plan – Who will do what, by when and for
Posted in: Practice

Giving Feedback? Changing One Small Word Can Make All the Difference

Have you ever noticed how irritating it can be when someone points out our errors?

At home we might hear: “You forgot to sweep the floor again.”

At work you may be told: “You missed citing the leading authority on this issue.”

Ugh.

It’s never pleasant to be called out on our mistakes. And if the message triggers a stress response, the hormones released inhibit our ability to reflect and reason for a time.

One key to working effectively in teams, with an assistant, or delegating tasks is to learn to provide feedback in a way that supports the individual’s …

Posted in: Practice

Is Your Law Firm Experiencing Growing Pains?

The growing pains experienced at law firms don’t usually get self-diagnosed as such.

Instead, they tend to be described in terms of the series of symptoms that happen to be manifesting, often at the same time.

Some examples:

  • Without a parallel increase in billings, the lawyers, the staff and the law clerks, all appear to be more frenzied than normal.
  • Individuals that used to work well together are, not infrequently, encountering ‘broken telephone’.
  • A, not insignificant, percentage of work is being done by the wrong level or position.
  • Tasks that used to be streamlined are starting to fall through the
Posted in: Practice

Articling Students and Young Lawyers: Get a Mentor

I was not hired back after articling. After months of searching (soul and otherwise) I was ultimately offered two jobs at the same time. One was located in a trendy area in Toronto for the “young and eligible”. The other was in a small city outside of Toronto, as foreign to me as another country. I had no idea how to choose firms, other than that accepting the Toronto offer would let me stay in my hometown, as, after all, I was young and eligible, and pay me more (at least initially). So I sent a quick thank-you email to …

Posted in: Practice

Avoid Communication Pitfalls With This One Simple Practice

Nothing causes trouble in legal practice quite like communication failures.

Communication is one of the most common sources of malpractice claims.

Honing proactive and effective communication skills has significant positive implications for everything from delegation, to the quality of your work, and the health of your personal and professional relationships.

With this in mind, focusing on improving your communication practices is probably one of the best investments you can make in your career. Where to start is quite simple, with your thoughts.

What are you thinking when you postpone communicating? And how is that serving you?

I work with many …

Posted in: Practice