Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

When asking themselves this, everybody has in mind a software solution that does it all: it can manage matters, it organizes the firm, it will sort all that in your practice can be delt with in the cloud and still keep your business from fallling into chaos.

Foolishness!

Prior to solving the management of your office with a software comes the need to manage your practice.

What do I mean?

Any software solution will enable you with data, swift search (assuming it is provided with a comprehensive database), issue reports, etc. However, for a streamlined performance it will need for its data to be logged  within a certain logic and pattern. Reaching this implies that an advanced acquaintance with the app is a given, i.e. understanding its features, possibilities and actual implementation cost, so that an assessment of its cost/benefit ratio can be realized.

Some myths on legal apps are:

The complete solution

All app developers claim that their soltions are the bench mark of the market, they will meet all your practice needs. The reality is that apps will only do what they were programmed to and without an in depth try out,  there’s no way to find how suited for the task they are or not. Apps will enable you with countless resources that won’t do you any good if you don’t know how to make use of them or those resources are not suited for your needs.

Before buying software ask yourself the following:

• What is my area of business?
• What sort of data will be most usefull for my clients?
• Can I access and log data at any time, from any place (from my cell phone for instance)?
• What area the areas of my practice that the app will manage (matters, fiscal, documents, etc)?
• Can I afford to invest in an ideal software solution or do I have other priorities?

The point is, before thinking of apps you should actually be thinking of management.

Managing matters versus managing your office

This could be a blurry issue. Taking matter management for practice management. Dangerous blunder.

Managing matters is a part of the legal practice. But that’s what it is: a part. Lawyers ought to be a part of their clients businesses, part of their decision making by acting preventively. Matters are important but not the sole purpose of your practice.

If they’re not your only goal, why turn them into the core of your office? No way. You got to manage  finances (bills to pay, invoices to receive, cash flow, costs, etc), e-documents (digitize everything, contracts, bills, etc)  clients and prospects management and so on.

If you still think that there is no app for that, you must have been out of the Earth for the last years. The market has to offer solutions that will serve for general office management and not just concerning matters. Don’t be dazzled with matter management, for it needs to be a complete one in order to be effective.

Implementation

This where lots of firms lose money. Believing that an app will solve all their problems, lawyers leave to the people in charge of implementing, fundamental decisions about their practices.

Not to demerit IT consultants and pros, however very few of these take business management really into their interest. The success of their app implementation in your office is their actual concern. How the data is going to be managed and used is not their aim.

This is the real issue here. Management comes before any sort of app implementation. Sort what routines in your firm are the most suited for the present reality and within a year’s time. You’ll have to know what an app can do, to assess it in your firm’s daily practice.

Once you’ve got this down, IT people can come over to train you and your employees, to implement and check on the reports that your management has previously determined and so forth.

To conclude: software will have to work for your firm and not be it to set what can be done or not. You paid for it, it should be working for you and not the other way around.

To be or nor to be web-based

Some by fear, others by prejudice and others by being oblivious of it, do not use wed-based software.

I am totally for it. More good than bad (if any) comes from it. Available from anywhere (even from your cell phone) you have data, documents, court sentences all within the reach of a LAN connection.

Is it safe? Quite safe. A hefty effort is put into web safety. To be true they invest more into safety than any one single law firm would. It is their business to be safe, isn’t it? And yours is to practice law.

So, is there such thing as “the perfect app for the legal practice”? Of course there is, but it is up to you and not to the app to say so.

Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

What would become of us without the time we have?

We keep complaining about having not enough time, but we only worry with what we have to do, not with time itself.

Worrying with tasks alone, leads to the conclusion that there’s lots to be done.

By looking objectively at the time we have, we come to find that we may more of it than we thought by dismissing useless actions that we only are aware of by taking time to manage time.

Having time doesn’t mean having nothing to do. It actually means that you have managed your time better so that work, pleasure and leisure are part of your daily routine. Here’s an article with an interesting reflexion on the subject:

“Time management

The simplest way to increase productivity is to manage your time better.  While many time management techniques sound like common sense, that does not mean they are easy to implement.

Start by identifying troublesome areas:

• How often are you interrupted?
• How do you manage disruptions?
• Can you section off blocks of solid work time?
• Do you make “to do” lists and prioritize them?
• Do you have a flexible work schedule?
• Do you complete your work during regular work hours?
• Do you micromanage?
• Do you take on all tasks yourself?
• Can you say “no?”

Plan how to avoid situations that can waste your time, including:

• Poorly completed work that must be re-done
• Phone calls, email, mail, casual office talk
• Lack of delegation or improper delegation
• Information that is not easy to find or use
• Too many review cycles or layers of approval
• Multiple meetings that aren’t useful
• Postponing your work
• Unclear goals or objectives
• Excessive paperwork
• Too little time and too much work
• Lack of authority to make decisions or too many levels of decision making
• Only dealing with crises
• Perfectionism
• Poor organization

Identify the time management techniques that will work best for you, including:

• Manage your stress
• Prioritize your tasks
• Organize
• Follow your schedule
• Avoid useless memos, travel, conversations, emails
• Don’t procrastinate
• Do the hard parts first
• Start as soon as possible
• Carve out blocks of time for important things
• Delegate wisely
• Give attention only to items that need it
• Don’t let others give up and pass off tasks on to you. Help them to figure out how to accomplish their own tasks, if necessary.

Effective time management begins with taking a single step.  Identify one or two action items from the list above, and start today.”

Now, do you honestly think you worry about time? If you do, just learn to manage it and turn your life around.

Post by Nuno B.M. Lumbrales, lawyer, partner at Lumbrales & Associados and LawRD user:

The billing method is an issue that, mishandled, will cause nasty glitches in the relationships between lawyers and clients.

There are several ways of billing lawyer services, just like in any other area of business, bearing in mind the uniqueness and proper rules that apply in each country as to the legal practice.

One of the most common, and losing preference, is the hourly rate method, for billing lawyers fees. Such method has the quality of its flexibility thus enabling a balance between the service rendered by lawyers and its due compensation, overlooking the fluctuation that will occur unavoidably throughout the diligences.
On the downside, in this instance it is troublesome for clients to preview the cost of  the lawyer’s fee when a given period of time is agreed upon.

However, by demanding a specification for each of the billing invoices (as it is supposed) as to the description and time spent in each item clients can have some control. Without being utterly rigorous this will prevent costs from soaring.

A more classic method is a fixed rate that will settled upon for a matter (flat rate) or for a determined cycle of billing (retainer). This, being a quite clear method, has the advantage of eliminating almost any grounds for litigation on fee agreements (service quality and issues alike are not thus prevented, though). Its lack of flexibility regarding fluctuation of the amount of work through the procedures, come as a negative point.

One other billing method consists on agreeing to a percentage of the results that will come from the lawyer’s services on one or more legal matters. Many countries do permit this form of fee agreement in its pure sate, invoking that this will give way for the leayer to being too much as a directly interested part on the matter at appreciation in court for it will depend on the court’s decision, thus compromising the lawyer’s objectivity, impartiality and independence. A mixed form of this agreement with others is allowed, though.

These methods in their pure forms and an arrangement of different ones will give way for more ecletic and balanced billing methods.

The underlying question to choosing a billing method is the fare quantification of lawyers’ services, considering amount, quality and results they bring to clients.

Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

An interesting post by David Lorenzo on how to attract clients. Read it here.

Here are the 10 ways he proposes with a few comments:

• Be likeable:i.e. be thoughtful, kind, considerate. People are drawn to us when they feel related to. Cordiality and consideration have to be cornerstones on our practice.
• Think about the other person: a deal that is only good for you isn’t good enough. It ought to be good for both parties. By taking the client’s best interest at heart you’re adding value to your service.
• Do not lie: clients want to work with someone who is honest, ethical, and truthful. Lying will get you nowhere. Keep your website, blog and social network profiles truthful to your business. It will make a difference.
• Get yourself together:  People are attracted to people who are well dressed, well groomed. Don’t be just good, you’ve got to look good, too.
• Be real: Show interest on how is the client doing, ask about the family, the company, etc. People like that others show they care about them.
• Listen: you’ve got two hears and one mouth, use them in that same proportion. We all like to be listened to, we all like to talk, the real wisdom lies in listening more than talking specially regarding clients, though.
• Look for common ground: Clients ought to be able to find some common areas of interest with you, i.e. sports, friends, points of view. Having some common ground brings people together.
• Be humble: Do not argue over money nor attempt to win an argument. Just state your views plainly and avoid confrontation.
• Appear busy: Don’t the notion that you only have that one client. Though people like to feel special, if they get the notion they’re your only client it will make them suspicious of your ability. Let show the idea of how hard the work is and never say: ” Oh, that’s quite easy…” If it is so, why should they pay you for it?
• Be easy to approach:answer to clients’ questions. When clients ask you for information, give it to them. A simple information is just that: information.

These are common sense tips which, when used regularly on your practice may translate into profitability.

Give it a try.

Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

“Efforts and courage are not enough without purpose and direction.” John F. Kennedy

This quote summons something fundamental in the present world: Where should I aim my ideas and energy at? More often than not we come up with brilliant ideas, wonderful goals that don´t leave the planning stage or even get to be written down.

Why is that? Though we have the labour force need, have the will and guts,  the know how for all to work out at times we forget to ask the way and we are left with no objective direction at all.

For instance, buying new facilities for our business headquarters. This is an input of great value appreciation for our practice. How can this be achieved with no financial planning that embodies a secure way to that end?

It sounds simple, not for most, though. Anyone can have dreams, growth goals and figure out the way to reach them. “Figure out” being key, here.

Here are three tips, towards that end:

1- Write down
2- Turn PDCA over
3- Be practical

Putting your goals into paper so you can always remember: prioritize and timing. If not there’s always the chance that parts of the planning and follow up are lost, etc.

PDCA - plan, do, check and act is an excellent way to put a plan into motion.

Be practical: sounds easy but it isn’t. Theory and practice have to be in sync on all that concerns the project, in order to be so. A holistic approach is needed i.e. a full comprehension of all risks, values and odds involved.

To conclude:

Searching the horizon is the first step. Getting there is up exclusively to which steps you set yourself to take…

Post by Nuno B.M. Lumbrales, lawyer, partner at Lumbrales & Associados and LawRD user:

The development of non legal skills, i.e. management, strategy and leadership, has been subject of an ever growing interest in law firms, regarding their senior partners.

Such a trend implies investments on professional training in those areas and others alike.

The matter of leadership, particularly, raises important and complex issues, unlike those concerning management, for it has a life of its own, manifesting itself and coming into being, many times in a spontaneous manner, whenever the company structure or some of its elements make way for any voids of power and initiative.

All organizations have some sort of “official structural grid” which defines functions, competences and hierarchy within them.

However, when the officially designated leaders do not act effectively, more often than not, when initiative and procedure leadership are concerned, these are taken by elements less empowered, hierarchy wise, but naturally more keen to take such decisions.

This gap between “official and real” structures striving within companies, in medium or long term,  will  result in counter-productivity.

From all the issues that will breed from that situation, the difficulty in legitimizing merit within the organization, stands out. Adding to it, is the increase awkwardness in coping with the different agendas, objectives and priorities (even preferences) of these two co-existing leaderships.

All the mentioned factors and circumstances are hurdles and setbacks in any company’s performance and productivity.

That is why all companies, namely law firms, ought to ensure that their leaders have all the necessary conditions to in fact exercise their competences, under the penalty of, not doing so, squandering their resources (i.e. time) trying to solve and sort inside conflicts, otherwise avoidable.

Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

“Before starting any changes, leaders must reaffirm goals and organization purposes” (Kaplan).

This statement aims at three key factors for companies:

1. Goals
2. Purposes
3. Changes

Let us run these items through in detail.

Goals: What are your firm’s goals? To be on the top within five years? To have the best team in two? To provide an excellent quality service? Words…words… Having goals does not mean having nice words written nor for people to pursue unattainable goals without any planning at all. Goals have to be within reach in short, medium and large terms. Real and palpable ones. Forget impossible numbers to be met within unreasonable time. Have a reality check.

Set your goals to stand a little further than what it is expectable, so that extra bit may act as an incentive.

How can any leader redefine any goals for their company if these are not clear enough within the company itself?

Purposes: What are your firm purposes? Growth? Sustainability? Making money? Purposes/goals can not be taken for results!

Purposes are the final reason for which companies strive.Its ideal. More than mere cold words, they are feelings and objective realizations.

With no purpose any enterprise is doomed to fail.

Changes: When goals are reachable and a company’s purposes are solid, all that it takes is for a leader to point a way: “It is very easy to command free man, just show them the path towards duty” (Marechal Osório).

If we want that changes do succeed we’ll have to fine tune our goals, to appreciate our purposes and base changing on deep roots and truth, reason and sentiment in complete sync.

Post by Gustavo Rocha, lawyer and consultant in management, IT and quality for law firms. He’s the author of Gestão.Adv.br (content in Portuguese only):

Would you need 25h days to do all that you have to do? Lots of law professionals do. They put in 12, 14 hour days and still they get the feeling it’s not enough. The work keeps piling up. How come?

Just before you answer to that, read this: “Do we need more time? Or do we need to be more disciplined with the time we have?” – Kerry Johnson.

There’s only 24 hours in a day and that’s it. By law, we have 8h work days. We need time to work, time eat, time to sleep, time to be with our families, leisure time … you get the picture, we just need time. How can we juggle the time we have with all the our demands and needs? Three tips:

1. Prioritize
2. Delegate
3. Reserve time for yourself

Prioritize: This probably the hardest one for many of law professionals. Sorting priorities is hell when everything looks like it is due for ten minutes ago. Yet, a calmer look into it will let see that some are more urgent than others. In law practice, deadlines are always a priority for lawyers. Otávio Estaque, a Brazilian lawyer has this saying: “In this country, only lawyers are bound by deadlines”; still deadlines have priorities up until the 11th hour. Otherwise there more urgent priorities.

Try to set tasks into two groups: Strategic and Operative.

Strategic: contacting a client, new project, strategic alliance meeting, staff meeting, etc.

Operative: setting deadlines, calling suppliers and so on.

Strategic tasks always take the lead. But, you might wonder:” What if I miss a staff meeting already scheduled?” Of course you should not fail meeting any tasks set before hand. Nor should you pass any new business opportunities. If you are overloaded by operative tasks try the next step…

Delegate tasks and charges: This is a big burden on lots of managers, for they love to centralize saying they can’t loose control.

Centralizing is not the same as controlling.

One centralizes when you don’t trust anyone or you don´t want anyone else to do operative tasks. By delegating you are free for the strategic. Check if the operative tasks are realized, though. There isn’t much of a future if you centralize data, tasks and responsibilities on yourself.Be a team professional and profit from all the talent you’ve got working at your firm.

Delegate operative tasks. Give responsibility positions, so your firm may thrive on individual talents and not just keeping all to yourself.

Reserve time for yourself: many find this selfish or impossible to achieve given the busy lives they lead.

Take some time off, even if it is just half an hour a day for yourself. Give yourself a treat… and to your family. The firm will appreciate having a much fitter, more lucid and more market driven  employee.

Time for yourself is key. By doing that you are opening to new possibilities, to broaden your net of contacts and to bring new clients in.

To conclude, you only 24 hours in a day. It is up to you how to spend them. Make an intelligent choice, use your time wisely and you’ll gain on productivity and fulfilment. Being realized at your work is not enough. You should feel happy outside your job as well. The secret is inside of you, not outside. Think. Rationalize. Prioritize. Be yourself. This will lead to your professional success and your firm’s.

Post by Jared Correia. Jared is the law practice management advisor with the Massachusetts Law Officer Management Assistance Program, providing free and confidential law practice management consulting to Massachusetts attorneys.  True to certain veiled promises, he makes his thoughts on law practice management available generally online, most notably through the LOMAP Blog and his Twitter account.

As a law practice advisor for Massachusetts’ Law Office Management Assistance Program, I am afforded a ringside seat for the viewing of trends in the legal field, through, what has become, my informal, detached study of modern lawyers’ habits.  One of the trends that I have noticed, over the time that I have spent in my current capacity, is that most of the attorneys with whom I consult are desirous of finding appropriate new technologies, that can: (1) unlock previously undiscovered efficiencies within their practice; and, (2) save them money. Given these qualifying motivations, it is, perhaps, unsurprising that many of the attorneys with whom I meet are ready, and most willing, to begin to incorporate SaaS solutions into their practices, to the extent that they have not already done so.

SaaS systems essentially (and, I won’t belabor this point, because if you’re a regular reader of LawRD’s “Your Law Firm in Progress” blog, you likely already know what SaaS systems are, and what they do) move the traditional software program from residence on your computer/system to residence on the web, accessible through a secure portal by you (and invited collaborators), following a set of security checkdowns.  SaaS systems, especially SaaS systems with practice management features, like the LawRD: Reports on Demand program, answer for the above-referenced requirements respecting efficiency and cost.  Online practice management systems are, in my experience, more accessible, easier to learn, more intuitive to use and faster in operation than those systems that continue to reside on your own computer systems. Given that certain systems, like LawRD’s, offer practice management components, for the better leveraging of client matter and contact management and for time and billing (among a number of useful features), the efficiency upgrade will be obvious in terms of adding a practice management system where, perhaps, none existed before; and, generally, the ease of use/intuitiveness, and speed additional to such programs, means that you’ll be working faster, and more efficiently, not harder.  Of course, one of the obvious reasons for the speed advance achieved with the use of SaaS systems is the fact that such programs are removed from your own computer system, and are not competing directly for space, memory and processing speed with the other applications that you have already downloaded to your machine; this also means that you’ve got fewer costs related to desktop/system support moving forward, and that the remainder of your traditional software systems will work faster, as well (competition having been removed), making you more efficient, saving you more money.  The cost savings of a move to SaaS are also inherent in the pricing models of most of these systems versus the pricing models of traditional software programs.  Generally, with traditional software systems, you’re paying a significant initial rate, plus for program updates, usually each year. With an SaaS system, you’re paying a fairly reasonable monthly rate (rather than a significant up-front cost), with updates taking place automatically, and behind the scenes, and without additional charge. The cost savings can become large-scale, depending upon the SaaS system you select, and depending upon the size (in terms of accessing employees) and needs of your firm; and, the additional efficiencies achieved through the immediate application of important updates and upgrades, without your spending any time to apply same, can also become significant.

If you want to learn more about SaaS, check out the “The Use of SaaS in the Legal Field” episode of my podcast.  With respect to the vetting of SaaS providers, and some of the security questions related to the utilization, by lawyers, of SaaS systems, look over my blog post respecting a North Carolina Bar Association proposed ethics opinion that attempts to provide some clarification in that space.  And, of course, you should continue to follow LawRD’s “Your Law Firm in Progress” blog, for product-related updates, and information relative to SaaS.

When deciding on the purchase of SaaS products in the legal space, you might consider LawRD’s flagship “Reports on Demand” program; you should also consider, as well, (LawRD parent company) muchBeta’s other useful SaaS product offerings: Teepin and Yoomit.