Evernote helps lawyers get organized and get things done

July 21, 2011 by
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Thirty years ago, if you asked lawyers what they thought about all the information they had to manage in their practice, I’m pretty sure you would hear words like “swimming,” “drowning,” and “SOS!”. I know that’s what I would have said.

Our files and file cabinets (and desks, and floors, and side chairs. . .) were bursting with information: client data, research, pleadings, discovery, notes, correspondence, memos, briefs, inventories, photos, receipts, transcripts. . . It was a constant challenge to keep up with everything.

Then, we’d come into the office on Monday morning to a pile of mail, phone messages, and a new stack of files, on top of all the unfinished work from the week before. We had to keep up with our reading–case summaries, newsletters, magazines, memos–and we had to make sure our library was current. Law books were updated monthly or quarterly with inserts (remember “pocket parts”?) or loose leaf pages and sometimes, we’d get the latest updates only to find the previous updates unopened in a box on the floor. We had to insert the previous update first, even though many of those new pages were themselves replaced by the most recent update.

The amount of information in our lives was daunting and we often felt overwhelmed.

Wimps! Yes, wimps, I say!

Seriously, look at our lives today. Not only do we have so much more information, it’s everywhere. In our files, on our computers at home, in our email, and on our phones. It follows us, mocking us as we attempt to keep up with the never-ending flow. Just when you think you might be close to ALMOST catching up, another thirty “must read” articles, emails and Google alerts appear and you know there will be another thirty before lunch. Oh, and let’s not forget text, instant messages, tweets and status updates.

Technology has damned us. And technology will save us.

If you’re feeling overwhelmed by all of the information in your life, relax, take a deep breath, exhale, and repeat after me: “I will never get caught up and I don’t have to.”

Because you don’t have to, even if you could. What you do have to do is become a better librarian.

Librarians manage vast amounts of information. They read a lot but they don’t read everything. Instead, they know what they have and where to find it, and if you want to gain control over the tsunami of information that washes over you every day, you need to do the same.

Librarians have a system for processing, storing, and retrieving information. They

  • Collect,
  • Categorize,
  • File, and
  • Find.

They had a system for doing this in the non-digital days (remember card files?) and today, they use technology. You can, too.

. . .if you took away every piece of software I own and left me with Evernote (and an Internet browser) I could run my two businesses, blogs, and personal life without missing a beat.

I don’t practice any more but I still have an immense amount of information I need to manage. After many attempts at other software solutions, today I use Evernote for everything. In fact, if you took away every piece of software I own and left me with Evernote (and an Internet browser) I could run my two businesses, blogs, and personal life without missing a beat. (Actually, I could be 100% cloud-based and use only the Evernote web app instead of the desktop client.)

Evernote allows me to collect, organize, label, and access information (notes, docs, task lists, audios, photos, etc.) at any time from anywhere. My Evernote account syncs my laptop (windows), my iPhone, and “the cloud” (web app). I enter information via my desktop application, via email, and via a web clipper that allows me to capture entire web pages or any portion thereof. With my iPhone (Android and other platforms are also supported) I record audio notes, take photos of a whiteboard or paper notes (or anything else), and enter text notes, and send them directly to my EN account.

Notes are organized via notebooks and tags. I can quickly find whatever I need by browsing or by searching tags and/or key words. I can also share notes and notebooks with my wife or business partners and I can make designated notes (or notebooks) public.

I store everything in Evernote: notes, web clippings, ideas, checklists, pdfs, photos, my copy writing “swipe” list. I’m moving all of “My Documents” into Evernote. Then, I’ll start scanning the mountain of paper notes I have collected over the years and go 100% paperless. In addition to having ubiquitous access to my information, Evernote provides an extra layer of back-up protection. If my computer goes down, my information won’t go down with it. (I also back-up my local EN database via an external drive and via Mozy.)

But I don’t just use Evernote for storage and retrieval, I also use Evernote every day as part of my work flow. I write everything in Evernote (this post started out there) and I use it all day long as (part of) my task management system. (I’ll share my gtd system in a later post.)

Evernote won’t let you jettison your time/billing or document assembly applications and it won’t let you edit videos. It doesn’t create spreadsheets or Powerpoint slides. But for managing large amounts of information, I’ve found nothing better. I’ve used OneNote (and loved it) and before that, InfoSelect (and loved that, too) but Evernote stands in a class by itself.

Evernote is free and there is a paid version with additional capacity and features. Download it and fall in love with it today.

—

Read Part 2 of this series.

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Filed Under: Law office management, Productivity, Technology, Time Management Tagged With: , , , , , , , , , , , , , , , , , , ,

The cure for the overworked and overwhelmed attorney–part two

January 4, 2011 by
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So it’s a new year and you’re ready to get back to work. If you’re like most attorneys, you’re excited about all of the plans you’ve made for the future but feeling overwhelmed with everything you have to do. You’ve got “too many”.

  • Too many articles and blog posts to read (not to mention the books piled up on your shelf (or floor) and in your Kindle or iPad
  • Too many people to call, letters to write, lunches to attend
  • Too many projects you’ve been putting off but promised yourself (spouse, partner) you will (finally) do
  • Too many continuing education seminars you don’t have time for but must do because your compliance group is “due” (guilty)
  • Too many commitments you’ve made that you know you can’t possibly keep

And let’s not forget your legal work. You know, the stuff that actually gets you paid.

In a previous post, I wrote about how I dramatically cut my work hours (and stress) by delegating. If you’ve ever emptied a closet or a desk drawer, all that empty space feels good but you know it won’t last. It’s only a matter of time before that closet or drawer is once again filled to overflowing. Once you get good at delegating as much as possible and have more time available, it’s the same thing: you find more and more things to fill your time and before you know it, once again, you’re overwhelmed.

I’ve still got “too many”. I have a backlog of hundreds of articles I need to read and I’ve bookmarked so many web sites to visit my head is spinning. I glance at the updates in my Twitter stream and wonder how I could possibly read even a fraction of the tweets that go past me, let alone follow up on the relevant ones, let alone connect with the people who sent them.

I think it’s safe to say we all have “too many”. So how do we avoid being overwhelmed?

First, take a deep breath. Exhale. Once more. Now, repeat after me, “I can’t do it all, I will never get everything done, and that’s okay.”

None of us will ever get it all done. We’ll never read all those articles or complete all those projects. There’s too much and there will always be more and the first thing we need to do is acknowledge that we’ll never get it all done AND THAT’S OKAY.

So relax.

The key to success and a well-lived life  isn’t doing everything, it’s doing the most important things. It is the 80/20 principle: a few things matter, most everything else doesn’t; the ones that matter are the ones that produce most of your results. Focus on doing a few important things, and don’t worry about the rest.

Success comes from achievement, not from being busy.

About a year ago, I started working with David Byrd, an executive coach, who helped me get clear about what I wanted to accomplish. He taught me the value of being driven by vision–my vision of the future I want to create–instead of being driven by circumstances. The idea is to start with the end in mind and then set goals that are consistent with that vision. In doing so, we cut through the clutter of “too many” possibilities and focus on the most important ones. The system gives me a place to come back to whenever I find myself wandering. WhenI feel overwhelmed or losing clarity about what to do next, I revisit my vision and my goals and I’m back on track.

David Byrd also taught me a system for achieving my goals. I plan each month so that my activities (projects, actions, etc.) move me forward towards my goals. I also plan each day. As a result, I always know what I need to do.

In short, the system helps me put one foot in front of the other and continually move forward towards my destination. I don’t get distracted by all of the side roads or billboards.

So, as we begin a new year, have you chosen your most important goals? Have you put them on paper? And do you have a plan for achieving them?

If you are driven by vision, have goals that support that vision and a plan for achieving them, you’ll have clarity about what to do and what you can let go of. You’ll be empowered, not overwhelmed. And you’ll be excited because you know where you’re going and you have a map that will get you there.

—

On January 19, Mr. Byrd will be conducting a free goal-setting webinar for my subscribers. Please join us. Register here for this free webinar and make 2011 your best year ever.

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Filed Under: Career satisfaction, Dealing with stress, Increase your income, Law office management, Mentors & Coaches, Productivity Tagged With: , , , , , , , , , , , , , , , , , , ,

Lawyers: How to write emails that get results

December 13, 2010 by
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In my previous post I talked about email mistakes to avoid. Today, I want to share some basic but nevertheless vital ideas for writing emails that get opened, get read, and get results.

WRITE AN EFFECTIVE SUBJECT LINE

Your email may be powerful and persuasive but if people don’t open it, they won’t read it. The key to getting your emails opened is your subject. It is the “headline” for your email message. It has to stop the reader who is skimming his email in box and get them to click. The more effective your subject, the more often this will occur. Also, an effective subject “pre-sells” the message contained in the body of your email, making it that much more likely that the recipient will respond to your request.

  • Be specific. Effective subjects are clear and precise. They tell the reader what your message is about.
  • Include a benefit. What will the reader gain (or avoid) by reading your email? Why should they read your message?
  • Use their name. Although using the recipient’s name in the subject is overdone in some circles, it is still an effective way to get their attention. It can also convey urgency, e.g., “John, please call me as soon as you read this”.
  • Include key words. Specific nouns and active verbs communicate. Project-specific key words will also get attention.
  • Include due dates. If you have a time-oriented offer or request, consider putting the date in the subject.
  • Front load. Most email programs cut off the end of lengthy subjects so put the most important parts up front.

GET TO THE POINT

The purpose of the subject (headline) is to get readers to open the email. The purpose of the first sentence is to get them to read the second sentence. And so on. You’ve got their attention but it is oh so easy to lose it, so say what you have to say–immediately.

Put the most important things up front: due dates, requests for information, requests for action. If you bury these, they may never been seen (or seen too late). Telegraph your message so the reader cannot possibly miss it.

How long should an email be? Long enough to get the job done and no longer. Make it as short as possible but don’t worry if your message is lengthy. In a particularly lengthy message, you can always link to additional information (or offer to send it).

CLOSE FOR ACTION

  • Summarize. There’s a communication formula that works in writing and speaking. (1) Tell them what you’re going to tell them. (2) Tell them. (3) tell them what you told them. This may not be necessary in a short email but it can prove helpful to you and your reader in a longer message.
  • Tell them what to do. Repeat your request (or offer) at the end of the message and tell them what to do. Do you want them to call? Email? Go? Be specific; you’ll get more people doing what you want them to do when you tell them precisely what to do.
  • Tell them why. Studies show that when you give a person a reason they are more likely to comply with a request. This should obviously be a part of the body of your email but it’s a good idea to repeat it in your close.
  • Give them ways to contact you. Don’t assume they know your phone number or even your email address. (You might want a reply to a different email.) Provide full contact information in your signature to make it easy for them to contact you or otherwise connect with you through a web site or social media.

Writing effective emails will save you time and get you better results. Your recipients will also save time and be more inclined to not only read your messages but act on them.

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Filed Under: Communication, Copywriting, Email, Law office management, Productivity, Writing Tagged With: , , , , , , , , , , , , , , , , , , ,

Hourly billing is dead. Long live hourly billing.

December 6, 2010 by
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hourly billing or alternative legal feesLawyers haven’t always billed by the hour. In fact, it wasn’t that long ago that fixed fee schedules were mandatory in some states. Legal fees were regulated by state bar associations and everyone was required to charge the same amount for the same service.

Today, hourly billing is the norm but many attorneys advocate alternative fee arrangements. I’m one of them.

When you equate what you do with the amount of time it takes to do it you put artificial limits on your value, and your income. In contrast to the oft-quoted statement, lawyers have far more to sell than their time.

We sell our experience, our creativity, and our problem-solving abilities. We do more than write documents, argue, or negotiate, we save lives and preserve fortunes. We help the free world stay free.

Clients prefer fixed fees, too. They want to know how much it’s going to cost them to hire you. They want to know they won’t be giving you a blank check. Lawyers who offer alternatives to hourly billing are thriving.

Not everyone agrees. Some lawyers defend hourly billing. Maybe their clients are different.

I’m not an expert on alternative billing models, but I do know that the world’s highest paid attorneys, the ones who earn the equivalent of thousands of dollars per hour of work, don’t charge by the hour. Not if they’re honest, anyway.

Attorneys can begin to earn more (without working more) by embracing the idea that they have far more to sell than their time.

I’d like to hear from you. Do you use alternative fee arrangements? If not, why not? If so, how have you benefited?

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Filed Under: Attorneys fees, Increase your income, Law office management Tagged With: , , , , , , , , , , , , , , , , , , ,

The cure for the overworked and overwhelmed attorney

November 23, 2010 by
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I don’t know a single attorney who wants to work more. Oh they want more work, they just don’t want to work longer hours.

Unfortunately, we have been trained to believe in an absolute correlation between our income and the amount of work we do, but that correlation simply does not exist.

As a young lawyer starting my career, I had very little work and an income to match. When I finally learned marketing and starting bringing in more clients, naturally, my income and work hours increased. Eventually, I had lots of clients and incredibly long hours, obviously proving there is a correlation, right? Well, that depends.

I realized that I wasn’t happy working so much but I wasn’t willing to cut back my schedule if it meant cutting back my income. I struggled with this for a long time and, thankfully, I figured out how to do it. I was able to significantly reduce my work week without reducing my income. In fact, when I got things fully underway, my income took a dramatic leap.

There were a few things I did to make that happen. One of those was to get comfortable with delegating.

Attorneys are famously bad at delegating. There are a number of reasons, ranging from fear that the person to whom the work is delegated will screw up, to ego, the notion that, “nobody can do it as well as I can.” I had a little bit of both going on in my head; it took some effort to come to terms with these beliefs, but I did.

On the “screw up” issue, I realized that I would still be supervising my employees, I was the failsafe. I also realized that happiness (or a successful law practice) doesn’t require the complete absence of risk. Risk can be managed. That’s why God created “E & O” policies, after all.

As for the idea that I was the best one for the job, I simply had to accept the premise that if I was ever going to have relief from eighty hour weeks, “good enough” would have to be good enough.

Once I crossed the threshold of acceptance,  I began to see that there were many functions in our office I could let go of and, in fact, there were many functions where I really wasn’t the best person for the job. Once I started the process of handing over responsibilities to others and saw that the sky did not fall and, in fact, good things were happening, I embarked on a quest to delegate as much as possible. Eventually, my philosophy was to only do that which only I could do, and this was a major turning point in my career.

If you are overworked because of reluctance to delegate (or delegate as much as possible), I urge you to do as I did. Change your philosophy and learn some techniques. Your kids will be glad you did.

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Filed Under: Career satisfaction, Dealing with stress, Increase your income, Law office management, Productivity Tagged With: , , , , , , , , , , , , , , , , , , ,

Lawyers required to protect personal information under new federal rule

April 2, 2009 by
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Oh what fun, lawyers (and their clients) have new regs to comply with and new exposure if they don’t. Civil damages, administrative penalties, and even criminal charges are possible under these new rules. But this emerging field also provides new marketing opportunities. You can advise (and bill), you can represent damaged parties, and you can defend parties charged with failure to comply. And, if you practice in any related field, you can attract new business by speaking and writing about these new regulations. You can also earn profits beyond your legal fees by offering non-legal identity theft protection to your clients and their employees. I work with many attorneys who do this and the income is not only substantial, it is residual. If you’re interested in learning more, send me a personal message. dw

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By Susan D. Oja and Alex De Grand

April 1, 2009 — Lawyers who bill their clients after services have been rendered are expected to implement a written program guarding against the theft of their employees’ and clients’ personal information under a new federal law.

The Federal Trade Commission will begin enforcement of the “red flags rule” on May 1. The rule is part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), a congressional response to spikes in reported identity theft. Identity thieves assume a person’s entire identity or synthesize one from parts of various victims. Because more than half of identity thefts occur in the workplace, businesses are required to implement safeguards.

Those subject to the rule are “creditors” and financial institutions who maintain consumer-type accounts or other accounts at reasonable risk of identity theft. The FTC noted that identity thieves look for opportunities to obtain products or services that do not require payment up-front.

As interpreted by the FTC, “creditors” has a broad definition, encompassing professionals such as lawyers and doctors who defer payment of a client’s bill. The American Medical Association protested that other federal laws and professional ethical duties to maintain patient confidentiality precluded the new rule. But the FTC held in a letter that the statute borrows the sweeping definition of “creditor” from the Equal Credit Opportunity Act (ECOA). Agency interpretation of the ECOA specifically includes doctors and lawyers within the meaning of “creditor.”

What is expected

Under the new rule, lawyers must implement a written policy specifying how they will watch for the warning signs — the “red flags” — that indicate an identity theft may be occurring and how they will respond to prevent or mitigate the crime if uncovered.

Policies are supposed to be tailored to the amount of risk. The FTC acknowledges there is no bright-line rule to distinguish between high and low-risk. But the rule suggests a lawyer consider such factors as how easily an account is opened or accessed and previous experience with identity theft.

If a lawyer finds there is little risk, an appropriate program might comprise no more than checking photo id at the time services are sought and a policy against collecting from an identity theft victim or reporting it on the victim’s credit report.

In its letter to the AMA, the FTC stated that it does not foresee the new rule imposing a great burden. “For example, a small medical practice with a well-known, limited patient base might have a lower risk of identity theft, and thus might adopt a more limited Program than a clinic in a large metropolitan setting that sees a high volume of patients,” the letter read.

What to watch for

The Appendix of the “red flags rule” provides examples of incidents putting a creditor lawyer on notice of potential identity theft. In addition to fraud alerts from consumer credit agencies or the client’s complaint, this list includes suspicious documents, perhaps altered or forged. A creditor lawyer may receive fishy personal information such as an unexpected change of address. Creditor lawyers are also directed to look for unusual use of an account.

A creditor lawyer’s policy should address the detection of “red flags” at the time an account is opened by obtaining identifying information about the new client and verifying it, the rule instructs.

What to do

Responses to “red flags” should be in proportion to the risk posed and a creditor lawyer is advised to consider any “aggravating factors” such as a data security breach that may exacerbate the threat. The rule Appendix suggests appropriate responses could be alerting law enforcement, monitoring the account for evidence of identity theft, changing passwords or other security devices controlling account access, reopening an account with a new account number, or closing an account. Under certain circumstances, the rule states that a creditor lawyer may determine no response is necessary.

These written policies should be updated periodically to account for changes in risks to clients’ information or innovations in detection of identity theft. A subsequent merger, acquisition, joint venture, or service provider arrangement may also prompt the need for an updated written policy.

The rule also requires appointing a senior management person to implement the program; appropriately educating employees; and overseeing any service provider arrangements. Liability follows a creditor lawyer’s data, so due diligence is necessary to confirm vendor compliance before outsourcing payroll or hiring an office cleaning company.

More information from the FTC: The Red Flags Rules: Are you complying with new requirements for fighting identity theft?

Susan D. Oja, a solo practitioner in Middleton, is a certified identity theft risk management specialist through the Institute of Fraud Risk Management. Alex De Grand is a legal writer for the State Bar of Wisconsin.

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Filed Under: Continuing Legal Education, Increase your income, Law office management, Marketing legal services Tagged With: , , , , , , , , , , , , , ,

Attorneys can benefit from a unique selling proposition

July 15, 2008 by
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A few years ago, Progressive Insurance ran TV commercials touting that they assign a dedicated claims specialist claimants their policyholders can count on for the life of their claim. The benefit is that you can always call "your" representative and never have to worry about what’s going on with your claim. Policyholders want to be able to talk to the same person each time they call, someone who understands their claim and is staying on top of it "for them".

Now, most other insurance companies probably do the same thing. But because those companies aren’t saying they do it, when Progressive says it, they virtually OWN that benefit.

You can do the same thing. You can promise prospective clients that they will have a dedicated member of your firm assigned to their claim, so that they don’t have to worry about who to ask for when they call. They’ll feel better just knowing that someone is assigned to their case and that it’s not lost in the shuffle.

The fact that most lawyers do the same thing is not important. If you say it and they don’t, or you say it FIRST, you can effectively "own" that benefit and preempt other lawyers in your market from using it. It can become your "Unique Selling Proposition" (USP), the competitive advantage that sets you apart from other lawyers in the minds of clients and prospects.

In marketing, perception is everything. If you appear to offer a unique advantage, people will see a benefit to hiring you instead of your competition.

Your USP can be about any meaningful benefit you offer. What do you do faster, better, or more thoroughly? What do you do that you know clients like?

A great way to find a powerful USP is to learn what your clients DON’T like about lawyers in your field, and promise them the opposite. If clients consistently complain that lawyers who do what you do take to long to do it, for example, your promise to do it quickly would likely be seen as valuable and desirable to those who can hire you.

The number one complaint received by state bar associations is lack of communication by their lawyer. Many lawyers have difficulty, it seems, keeping their clients informed about the progress of their legal matter. Even worse, many complaints involve lawyers who don’t return phone calls. Something this common, and this easy to fix, would seem to be a great USP for lawyers in many practice areas.

If you’re bad at keeping clients informed (or returning calls), resolve to get better. In fact, I’d suggest a goal to become not just better but the best. Make a promise to yourself to return calls within 24 hours, for example. Raise the bar. It’s so easy to do and it will have a profound impact on your practice. Fewer unhappy clients, more repeat clients and referrals.

Then, proclaim it to your clients and everyone else. Let them know of your commitment. Make it your unique selling proposition.

If you’re already good at keeping clients informed and returning calls, the odds are you don’t tell people this, or you don’t tell them enough. Consider doing so before some other attorney decides to make it her unique selling proposition.

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Filed Under: Advertising, Client relations, Communication, Law office management, Marketing legal services, Salesmanship Tagged With: , , , , , , , , , , , , , , , , , , ,

Should your law firm have a marketing committee?

April 15, 2008 by
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Marketing professional services cannot be done by committee. It’s something professionals should do. That means you should market "you". Assistants can help with administrative tasks, scheduling, and so forth, but building a law practice means building relationships and that’s something you cannot delegate.

Besides, it’s not the firm that should be marketed. It’s you. Clients don’t typically say, "call my law firm" when they refer you; it’s "call my lawyer" every time. Okay, larger firms can engage in activities that brand the firm’s name and establish good will in their target markets, and a committee would be appropriate for that purpose, but it’s still the individual attorneys that bring in the clients.

On the other hand. . . there are ways a marketing committee can play a role, even in a small or mid-sized firm. A committee can help coordinate the marketing efforts of the individual attorneys, for example. Newsletters, seminars, speaking engagements, mailings, public relations and advertising could well be done more effectively, and at lower cost, when attorneys aren’t duplicating each other’s efforts.

Here are a few other ways a committee could serve and assist the individual attorneys:

  • Bringing in trainers and consultants to help the attorneys improve marketing skills
  • Providing technical assistance with graphics, printing, web sites, event booking
  • Clearance of ethical questions
  • Coordination of cross-selling efforts
  • Decisions about the firm’s design issues (letterhead, decorating)
  • Recognition of attorneys for meeting goals

A committee can’t do the marketing for you. But, like a good secretary, it can certainly make you look good.

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Filed Under: Law office management, Marketing legal services, Productivity Tagged With: , , , , , , , , , , , , , , , , , , ,
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