Category: industry

Writing the ultimate motion is not easy. Cases rest on lawyers presenting a well-structured, well-organized and succinct argument. Sometimes, which way a case goes depends on submitting a motion to the court at the right time. Even if you do not win the case, a good motion will get you noticed when handled properly, respectfully and with a good argument.  It is as much an art as it is a science, but there are some key steps to take when compiling one. Inexperienced lawyers sometimes fail to use motions effectively, but sometimes experienced lawyers do too.

Plan Your Motion

Before submitting your motion, it’s important to plan it out. Specifically, you want it to address two issues:

• What are you trying to prove with the motion? (for example, that the piece of evidence upon which a prosecution’s case rests is circumstantial)
• An appeal to the judge to act in accordance with the purpose of the motion (dismiss the case, consider)

So long as these two issues are addressed and become focal points in the speech, it will be given serious consideration. A strong motion has a higher chance of being acted upon.

Brevity and Plain English

Never use 150 words when 10 will do the same job. A motion should be short and to the point, focusing on those two important issues mentioned above. Neither should you feel tempted to substitute simple and effective words for the lengthy and obscure. The one person you need to impress is the judge and they are unlikely to be impressed with superficiality. Ensure not to stray over into hyperbole; stick to the facts and aim for substance over style.

Have a Good Argument

Writing a good motion is about making a strong case for what you would like the judge to do. It might also seek to undermine the opposition’s case. However, a bad motion will focus solely on undermining the opposition’s case without putting forward its own argument. Striking a balance between casting doubt on the opposition’s case and strengthening your own is the essence of good argument in a law court.

Be Your Own Editor

Every writer knows the importance of good editing. Always give your work multiple read throughs. The first and last should always be for spelling and grammatical errors. Also edit for brevity and succinctness, and to ensure the content makes sense. Short, sharp sentences in plain English will win through every time. Don’t be tempted to over-complicate; each subsequent edit should make the motion that much clearer.

Do you, like many other professionals, have a LinkedIn presence but don’t use it? If so, you’re missing out on a potentially huge audience. Originally founded as a business networking site, it’s evolved and grown over the years to become far more than that. Here are five ways you could make better use of LinkedIn.

Share Your Knowledge

People love free stuff, especially when that free stuff is information. There is a new paradigm in business promotion; it’s called “social selling”. This is soft selling where knowledge dissemination is about setting yourself up as a thought leader. Aim to post every day and you will make yourself visible. Become a thought leader, and you can make a success of LinkedIn.

Use Hashtags

Twitter started it. Then Facebook and Instagram adopted it to make following certain subjects easier. If you’re not using hashtags on LinkedIn, you’re not making the most of the platform. These tags help highlight and identify hot topics. In the complex world of law, you make it easier for your connections and clients to follow trending subjects. Also, don’t forget to tag interested connections too.

Join Groups

Like Facebook, LinkedIn has groups covering a multitude of subjects. Anyone can set up a group and subject to a brief vetting process, anyone can join them. It’s a good idea to get involved with such groups. You never know when you’ll make a new contact, client, supplier, or even learn about new events near you. Groups are about social and professional engagement, one of LinkedIn’s key strengths.

Have a Blog? Re-publish to LinkedIn

Now, you can publish articles (different from posts) where you can share your professional opinion with the world. No matter how wide the audience on your professional blog or website, you can increase it again by republishing as a LinkedIn article. Your contacts are unlikely to spend time searching your website unless they want to know something specific. On LinkedIn, it’s handed directly to them.

Don’t Neglect Your Profile

All the other points on this list have concerned engaging others. However, you should not neglect your profile. If you have not updated it in a few years, now is a good time to do so. Fill out as much information as you are able and look through the profiles of successful contacts in your area. What are they doing that you are not? Keeping your profile updated is not just good for customer outreach, but for improving your network too.

Due to Federal and state data protection laws, wherever you operate, you might be breaking law when releasing any information. Without explicit written consent of the client, you are not permitted to discuss any details of their case, no matter how small.  Please take moment to read over the importance of client confidentiality.

Lawyers are Taking Risks on Social Media

As a business and as a legal professional, it’s important to keep oneself in check over which information is released into the public sphere. Everyone has become too open on social media, and that includes information about customers and clients. It has become second nature; however, there is a risk of a professional breach, investigation, and fine if releasing information that could help identify either a case or an individual relating to the case.  Whatever confidentiality laws apply in your state and to your legal sector also apply on social media.

Confidentiality Doesn’t End with the Case

It’s natural to assume that once a case is done, or it’s in the public sphere, there is no obligation to keep a client’s information secret. This is not true. Attorneys are required to safeguard “information related to a representation, whatever its source and without regard to the fact that others may be aware of or have access to such knowledge” at all times, according to ABA rules concerning professional conduct.  This is where many lawyers and law firms most commonly breach confidentiality rules.

Are There Exceptions?

The California Rules of Professional Conduct do provide exceptions. Here, disclosure is permitted when the attorney has reason to believe it would prevent a felony that could result in harm or death to any individual.

The ABA Model Rules go further than this. Confidential information may be released if:

• It would result in preventing a death or physical bodily harm
• It prevents a client committing a crime
• In defense of a claim that a client brings against another person
• Where a court orders release of information about a client or case

However, this will rarely be the case discussing information in a social media context and is likely to involve legal and law enforcement professionals.

Successful lawyers don’t just build a professional reputation by taking on and winning cases. There is a secondary income stream and prestige to be gained from making better client referrals. Such referrals come with fees, typically around 30% and it can be a profitable practice.

Deciding When to Refer

There are many reasons why you would do this – you don’t have the time to take on a case. Rather than lose them to a competitor, you would refer them to a contact and take a cut. You might also refer if you lack the expertise in that area, or even certification/license for that specialism, or even the right to practice in that state.

Each case should be judged on an individual basis, but there is both prestige and money to be made from a quality referral.

How To Refer Clients

A major reason why lawyers try to avoid referral is lack of clarity. There are concerns about fees, and how and why and when. The ABA provides guidance within Rule 5.4 which allows attorneys to share fees and 7.2b which states attorneys can offer anything of value in commission for a referral. ABA also states that referral fees are fine when divisible by the amount of relative work of each attorney.

Always do so in a manner that will promote and enhance the contact and the working relationship.

How Often Should You Refer

There is no set answer for this. How often you refer should always depend on how busy you presently are or how confident you feel about the case or your ability to take it on. Ensure you research a case fully before passing on the client. You should always pass on whenever you feel the client and their case would be best served by someone else other than yourself.

Lawyers will respond in kind. Every time you refer, you increase the chance that client will refer a case to you in future. However, don’t pass over work that you are able to take on.

Other Considerations

Collaboration and handing over clients is a far easier process when the two firms use the same tools. Record Grabber offers medical record retrieval and storage services to lawyers as well as medical professionals. Between lawyers who both use the same services, a hand over is easy in theory.

Legal case management software and other collaboration tools that adhere to HIPAA and other laws make the process fast and easy for both parties. They facilitate faster decision making on behalf of the referred lawyer too.

Successful lawyers network.  So what are the major contributing factors to word of mouth marketing for successful lawyers? Successful cases are certainly one. Another is being present and a visible force in the local community. The third is networking. However, this is not just about connecting with other lawyers. Just as important is connecting with contractors, local businesses, and even your social group. In an age of social media and conferencing, nothing beats face-to-face networking. That’s because success in this business is about relationships more than anything else.

It’s All About Social Selling

Arguably the outreach method of 2019, social selling is about forging genuine connection. It has gradually replaced other forms of marketing due to its authenticity and driven in part by Influencer Marketing. With social selling, the relationship is the primary engagement. It’s about as soft selling as a business can get. In fact, the financial rewards of traditional marketing are now less important than being seen as a trustworthy and affable contact.

It’s About Being Helpful

Networking is about making contacts, but it’s also about mutual assistance. Offering help over a small matter now could potentially lead to work and clients down the line. You should never help somebody with the expectation of getting something in return of course. Being helpful is part of human’s need for social meaning. Such opportunities can lead to client referrals as a trusted and respected contact.

Networking is Everywhere

Do you believe networking involves going away for a three-day expo and coming back with a large stack of business cards having wasted time and money? Or the local Bar Association social event? That is an outdated view of networking. In fact, every time you talk to somebody, you are potentially networking. Getting into conversation at the golf club or the spa will sometimes lead to professional discussion and a surprising new contact.

Make Time for Everyone

That includes delivery drivers, suppliers, even the office next door. All these measures create a network and could potentially lead to business opportunities. Even if they are not looking for your services, they may know somebody who will. Sometimes, a business relationship comes from personal rapport and goodwill.

Without personal rapport and working relationships, a business in any industry is hampering its ability to attract clients. In the legal profession, that rapport and engagement is critical because we provide a personal service primarily about people. When a lawyer’s focus is on being helpful, knowledgeable, approachable and open, they attract more clients through natural means.

If your reception services and legal intake is like most legal professionals, chances are you’re not as efficient as you could be. That means lost clients to competitors, lost revenue, and lack of organization. Law firms are too focused on work that they fail to capitalize on important leads after spending time, energy and money on outreach.  There may be an answer in Virtual Receptionist services by simply outsourcing and there are three broad advantages.

Cost-Effective

Reception services are time consuming. Busy lawyers don’t have the capacity to do it and usually lack the budget to invest in one or more full-time receptionists. Now is a good time to embrace the digital economy and hire a third-party Virtual Receptionist firm. Not only will you not need to train them, you won’t need to invest in technology, equipment, salary and other benefits. It’s a cost-effective solution and more efficient than having in-house employees.

Delegated Tasks

Your legal professional team are not receptionists. They are not administrators or personal assistants. When they devote too much of their workday doing this kind of work, their skills are being wasted.  The problem is, administration, answering calls in a timely manner, and the sort of work for which you usually employ a receptionist or PA are vital. Hiring third-party Virtual Receptionists is the ideal solution, freeing you up to work cases.

Client Growth

Just 50% of queries are answered in a timely manner, meaning lost business. Virtual Receptionists are fast and efficient, ensuring that most calls are taken immediately. Those that aren’t taken immediately are called back quickly, before the potential client has taken their business elsewhere. Virtual Receptionists represent more clients, increased revenue, and consequently, profit.

Follow these tips for creating a stress-free law business trip.  Some lawyers love traveling to other parts of the country or other countries; others find the process too stressful and rather not travel. Undoubtedly they are stressful but it’s often necessary to travel is for expos, conferences, and to work on a case or to close a deal.

Have a Travel Plan

No matter how far away the trip, it is never to early to start planning. You need to think about accommodation, how to get to the airport. Are you taking a cab? Driving yourself there? Is there a charge for parking? Devise a strategy and a timeline for everything before you leave to what happens when you arrive. Devising an itinerary reduces the stress.

Direct Flights Save Time

Traveling professionals book transportation with one eye on the budget. It is often cheaper to take multiple flights and have a brief layover. A direct flight may be the more expensive option than a layover or a break at one airport but it will save time. The risks of a delay could set you back further. With one flight, a cancellation or delay will impact the trip far less.

Have a Work Plan

Are you the sort of lawyer who tries to do it all before you go?  It isn’t important just to have a travel plan. You also need a work plan. Look at what work you can realistically do before the trip, what you can realistically do while traveling or once there. For everything else, there is only one thing to do: delegate. Trying to do it all leads to unfinished jobs and missed deadlines.

Technology

If your upcoming trip is a working break, there is no better time to look at your workflow and processes. Technology such as cloud storage and connectivity, and cloud-based SAAS (software as a service), PAAS (platform) and IAAS (infrastructure) helps you get work done wherever you are. Trips are stressful for many reasons, don’t let inability to work become an unnecessary stress.

Document While Information is Fresh

No matter what you’re doing it’s important to keep on top of everything. If you document as you go, keep information to hand, type up notes when you have a spare hour and record talks while in the conference room, you are less likely to forget. If you allow weeks to pass, it’s likely you’ll forget the information and lose the benefits of the trip.

Doesn’t it often feel as if we waste too much time while at work? Even when we use task management tools and technology, we still waste time trawling emails and on fake work. Tasks that should take mere moments drag out, reducing productivity and sapping our energy. A recent study by Workfront found that most employees spend just 44% of their working day carrying out their main duties. It doesn’t have to be this way; here are some tips for saving time on those essential office tasks by speeding up non-productive and non-profitable office tasks.

Keyboard Shortcuts

It’s amazing how much time you can save by using keyboard shortcuts. The simple ones are common knowledge such as Ctrl + C for copying, Ctrl + X for cutting, and Ctrl + V for pasting. Did you know about Ctrl + Shift + M for new email in Outlook? Or Ctrl + O to open the most recently received message? Then there is Ctrl + G to group images when creating a PowerPoint presentation, Ctrl + Z to quick undo in Word and Excel. Even if you use a package other than Microsoft Office, it will have shortcuts. Even web browsers have shortcuts which they helpfully include in the menus.

Cloud Storage

Do colleagues still email files to each other? That takes precious minutes, especially when uploading big attachments. If such an email is caught in the server, it can take a while to get through. This wastes time when sending a file to somebody sitting just a few feet away or in the next office. Storing all your files on shareable folders in the cloud such as Dropbox means there is no longer a need to email to colleagues. All you need is a couple of seconds to synchronize the file and it will do this automatically before they’ve even noticed it’s happened.

Cloud Collaboration Tools

We mentioned earlier that people waste time sifting through emails to find assigned tasks. While you may not be able to do much to reduce incoming emails, you can prioritize urgent work by skipping emails altogether. Collaboration tools like Freedcamp and Evernote make assigning tasks fast and easy, with attachments, notes and comments from all involved. Similarly with a task management organizer such as Trello. Bypass emails with a direct message app such as Slack which allows real time collaboration.  Your employees can get more done when they bypass the parts of their job that sap their time.

Right and wrong ways to dealing with negative reviews

Every business and organization will make mistakes that should be rectified to the best of one’s ability. Sometimes, you will encounter a customer that will never be happy no matter what you do or have done to appease them. Inevitably, you will, for whatever reason, experience bad customer reviews on professional sites and on social media. There are right and wrong ways to dealing with such negative reviews.

Address Bad Reviews

You should always acknowledge bad reviews wherever they are. Other potential clients reading the review will realize that there are two sides to every story and expect you to respond. Apologize for the negative experience and address the specific complaints made in the review. If the bad review is unjustified, the experience exaggerated (or worse – they have outright lied), you should respond to protect your business’ reputation.

Invite Them for a Private Discussion

Less than 50% of people who leave reviews expect a response. Ideally, you should acknowledge every review you receive but pay particular attention to the negative review. It is recommended that the offending business ask the customer if they would be willing to return to have a private meeting with a senior employee. Accommodate them as much as you can in meeting at a time suitable for them. In the legal profession, this should be a practice manager or other senior authority who did not work on the case. A customer who has not already decided to take their business elsewhere would, in most cases, be willing to meet.

Nurture a Culture of Reviews

Negative reviews can reflect badly on your business. They are especially impactful when your search engine listings or social media accounts have few reviews generally. Businesses that are active on social media not only have improved outreach, there is also a higher chance of receiving reviews. This means a higher chance of positive reviews. The more positive reviews you have, the less impact negative reviews will have. Prospective clients and customers will simply ignore them. Those that do seek them out will read with an open mind and pay attention to how you addressed the problems

The summer break is almost here. Your employees will soon start taking vacation time – whether they have children or not. As most people’s downtime are scheduled between June and September, it’s traditionally a time when those who aren’t on vacation are overwhelmed. There is no better time for legal practice managers to make important business decisions about reorganizing and streamlining their practices. One of the biggest changes you can make now is to outsource your record retrieval and storage to a specialist third party.

Outsourcing Improves Morale

In most posts, we highlight the cost savings and security benefits of record outsourcing. However, there are many benefits to the employees as well as the business. Employees not on vacation will find they are under less pressure and less stressed when covering vacationing employees. By the time your employees are back in the office, they’ll find a simplified system awaiting them and won’t be overwhelmed with work. Therefore, they aren’t stressed when other employees go away.

Outsourcing Improves Productivity

Even with a full complement, your employees are likely wasting valuable time on tasks that slow them down. Into the fall and winter when everybody has returned from vacation, your employees can do more when your records are outsourced. The practice will find it can spend more time doing other, more productive tasks. Law firms that still practice In-house record retrieval often come to Record Grabber overwhelmed and needing to free up time.

Less Disruption for Clients

If you are prepared for the vacation period and working out a strategy to remain productive, so are your clients. They will expect slower response times but there is no need for this to be the case. If you can maintain your regular high level of service and even improve on it, it leads to improved relations. This means a good reputation which will lead to more clients. Going above and beyond expectation can help drive growth.

The Cloud is the Future

Summer is a period of positivity about the future, especially when on vacation. Business decisions are made while not at work; sometimes they are very good decisions. There is no better decision to make for a business than to future-proof it technologically. Cloud technology now permeates everything we do. It supports our telecommunications, protects our data, and permits easy backup. It’s more secure, more flexible, and better for the environment.

 

Want to test Record Grabber out for the Summer?  Sign up today!