Make More Rain : life

Blawg Review # 163

Admin — Mon, 09 Jun 2008 07:00:16 GMT

Now that it is finally the turn of More Partner Income to host Blawg Review, it is tempting to stray from our mission. For those who may expect this, I'd like you to join me for a moment of digression, as I whisk you away to a remote vineyard in southern France, placing you at a hilltop overlooking hectares of ripe grapes as a cool breeze gently flows through your hair. It is dusk, and the reddish glow of the horizon creates in you a moment of reflection, something you haven't done in years. A sommelier suddenly appears: a vinucator who will ruin the moment by lamenting the perils of the homogenization of wine.

Ok, that should sufficiently shatter the tranquility of the moment, so let's move on to the theme of this entry: Law firm survival in economic hard times.

You know that when the price of a gallon of gas increases, it is because of evil oil companies. That is a given, right? Well, sure, if you don't know what goes into the price of oil. Similarly, without knowing the costs associated with performing a service, law firms might be tempted to not increase their own rates, considering the implications it may give to clients (gasp! we are affected by economic conditions, just like you!).

Reid Trautz argues in his blog Reid My Blog! that firms should increase rates now, mid-year, based on perceptions of our economy. If firms haven't already increased rates this year, now is about the time they should consider it. Inflation isn't waiting for you. Though some argue that law firms can be recession-proof, Ed Poll argues that law is subject to economics just as any other business.

Judge Posner in the Becker-Posner blog writes of the cost of the deterioration of infrastructure. More money will be needed to finance upgrades. From where will it come? Tax increases? Tax cuts? How about taxing wheels?

The Estrin Report discusses more layoffs for associates and staff - regardless of whether the economy improves or not. Even partners aren't immune. Jim Cotterman of Altman Weil suggests that the likelihood of becoming partner is being affected by the economy:

Generally law firms are best situated if they promote to ownership only those who can maintain, refresh and expand the business opportunities of the firm. Without this one attribute, no firm can remain competitive or viable for very long.

What can a law firm do? For one, it can avoid being stupid, as Jordan Furlong of Law21 writes. What does he mean by stupid?

Partnerships that don't enforce rules against uncooperative or alienating partners who happen to bring in a lot of revenue;
Senior lawyers who consistently hoard the best work and the most client contact, to the detriment of junior lawyers;
Firms that allow women lawyers to leave because of partnership tracks that are tailored for men;
Firms that prioritize short-term profits over long-term interests.

Speaking of women, Matt Homann in his blog the [non]billable hour writes of the five things you need to know about women and word of mouth. One of the things appears to be costly: Instead of offering a 15% discount for referrals, offer a 15% discount to everyone a woman refers! Considering this blog's disdain for discounting fees, I would prefer that "kirtsy" discount be placed on a timer.

I'm more inclined to attract women [clients] who misbehave.

Another thing firms can do is communicate better with clients. Status reports are often an underutilized medium of communication that can mean the difference between a happy client and a lost client.

Tom Kane's Legal Marketing Blog discusses 6 steps to improving client service:

Agree upon and commit to a defined set of client service standards.
Turn fluffy, high-level strategic statements into real, definable, measurable action steps.
Provide training and ongoing reminders focused on what it takes to meet and exceed a client's expectations.
Include client service as a significant factor in compensation.
Give leaders the power to enforce standards (carrot and stick).
Provide role models, teach the skills, give opportunities to practice and supply meaningful feedback. One great rehearsal hall is within your own firm, where lawyers can deliver exceptional service to each other.

Being a role model is a tall order in today's firm, where partners appear to work twice as much as associates. However, in a great post from the Harvard Business Review "Editor's Blog" titled A Boss Who Changed My Life, Steve Prokesch writes of the means that his boss employed that helped "turn us individually and collectively into winners":

Set the bar high and then push your team to raise it higher;
Make excelling a team activity;
Promote your team in the organization;
Remember that management is personal;
Champion your people.

The above is a lesson that can be learned by all in business.

There are other blogs that were emailed to me which are also worthy of mention:

Mark Herrmann, author of one of my personal favorite books, "The Curmudgeon's Guide To Practicing Law", co-authors a blog called Drug and Device Law. His June 5th post is titled Users Guide To Defence Amicus Briefs - Wyeth v. Levine.
Victoria Pynchon, author of the blog Settle It Now Negotiation Blog, wrote a series of moving articles on the familial issues surrounding the last days of her father's life and the possibility of suing her father's physician; the first titled Negotiating Life's End.
Biker Law Blog host Norman Gregory Fernandez writes of California's new law banning cell phone use (when not using hands free) and whether the law serves its purpose of reducing distractions to drivers.
Eric Turkewitz of the New York Personal Injury Law Blog writes of a purported obscene filing in a Texas court (which is later shown to be a practical joke played on a partner - who said lawyers had no sense of humor?).
There must be something in the air in Texas: The Wall Street Journal Law Blog writes of a Texas Federal Judge in the case Waggoner v. Wal-Mart issuing an Order that was as ridiculous as it was funny (as if the SouthWest Conference was ever in the same category as the SouthEastern Conference!).
Lowering the Bar has a post discussing a Colorado store owner who was ordered to stop taking shoes from people he catches shoplifting in his store.
Brett Trout discusses in his blog, BlawgIT, the patent application of Microsoft's device manner's policy.
Every law student finds an obsession to take their mind off the stress of law school (I dropped over $10k on building a 110 gallon reef aquarium), but Chris Colin from the San Francisco Chronicle writes of an old friend who developed a passion for crafting dinner plates based on legal themes.

Jesse Hines (a guest author on Write to Done) argues that a single-idea post often works better than list posts. Though I didn't follow that particular advice in writing this entry, I look to that blog as a source of writing guidance.

Thanks to all who emailed suggestions this past week. Blawg Review has information about next week's host, cearta.ie, and instructions how to get your blawg posts reviewed in upcoming issues.

The American Airlines Fiasco And Customer Service

Admin — Mon, 14 Apr 2008 07:00:04 GMT

As I sat in a terminal in Chicago O'Hare after a week of ridiculous delays and cancellations, I finally believed I was almost home. Instead it was dripping water for the forehead, dirty carpet for a bed.

This week was a long travel week for me, as I had presentations to give in Chicago, Dallas and Minneapolis, respectively. Getting to Chicago was pain-free, but then the news broke of FAA inspections of MD80 planes, of which American Airlines owns 300. My colleagues and I knew we were going to have our flight cancelled. As luck would have it, our flight was the only one going to Dallas that wasn't cancelled. However, we suffered the "chinese water torture" of delays. As the time neared to board, another delay. First the flight was to leave at 6:15pm, then 7:45, then 8:00, then 9:00, then 9:39 (which we all thought was odd), then 10:00, then 10:30, then 11:00, then 12:00am, then 12:30, then 1:00.

Finally, at 1:24am, we boarded the plan, under the sound of the gate attendant stating to "hurry up and get seated or else the flight would get cancelled" - yes, the group of passengers that were being seriously inconvenienced by the airlines were being threatened by cancellation if we didn't rush to board. There was mild pandemonium on board as people rushed to get their seats and not be the person who caused the cancellation. However, after working up a sweat to get in our seats quickly, the pilot, in his soothing and assured voice, came over the loud speaker, "well folks, we are just about ready to get going - just need to get the luggage to get loaded. We should be on our way in a few minutes." We sat at the gate for another half an hour as cargo was being loaded (it was referred to as "luggage", but the windows gave clear view of large palletes of cargo being loaded).

Finally we left Chicago and made it to Dallas around 4:30am. However, since no ground crew were at our assigned gate, we had to go to another gate and didn't get off the plane until after 5am. By the time we made it to our hotel, it was almost 6am. The presentation was at noon, so the best of us only received about 3 hours of sleep before heading to the luncheon around 11am.

Before I even started my presentation, we learned that our flight to Minneapolis was cancelled. We felt pretty lucky to learn of this early enough to rebook on a flight that left at 5:30 am Thursday.

After finishing the last presenation of the week on Thursday, we hoped for the best. I was skeptical: after all, we had to go through Chicago to get back to Nashville. The delay from Minneapolis was minor - about 1 hour. Once at Chicago O'Hare, however, the water torture started again. Delay from 7:45pm, to 8:15, then 8:30, then 9:15, then 9:45, then 10:00, then 10:30, then 10:55. Amazingly, we boarded around 11pm. As we sat on the tarmac, the pilot addressed us to let us know that due to storms just south of us, we had to change the flight pattern, which would just take a few minutes. I was half unconscious by this point, lured to sleep by the familiar hum of the jet engines. At what appeared to be 10 minutes later, the pilot came back on with the bad news: since there were still a few jets ahead of us, it looked like they wouldn't be able to make it to Nashville before their limit of 16 hours expired. We had to return to the gate. Grumbles abounded.

Personally, I wasn't surprised. I was already prepared for a cancellation - it is O'Hare and we had a double dose of bad signs: the problem of 300 planes and a weather system that was already dumping snow in Minneapolis and thunderstorms just south of Chicago. As we were about to get off the plane, though, the crew asked us to stay on board as they attempted to get another crew. A gentleman in front of me lamented that the pilots purposefully delayed takeoff because they knew their 16 hours were coming up. I have to admit the thought crossed my mind as well. Why not alert us to this possibility earlier, like the kind gate attendant did a few days before?

Needless to say, no crew was available. We were led out and told that they were not cancelling the flight, just delaying it until 6:20 am. This allowed them to provide us a hotel and food vouchers, but nothing else. I was offered a room at a Holiday Inn 30 minutes away. Considering it was after midnight and the flight was to leave at 6am, I didn't find this acceptable. I wasn't offered a voucher either - instead being told to ask for one when I got to the gate in the morning. I was then booked on a separate flight, not the same one. This happened to several others as well - the passengers walked aimlessly around in confusion. Were we delayed or cancelled? Were we to get rebooked on another flight or the same one?

Finally we were able to find an attendant who gave us boarding passes to the same flight, except the date showed April 10 at 6:20am to leave, then below it said boarding started at 7:45pm. Most of the passengers opted not to take the hotel voucher. Those that did described to us later the difficulty in getting through security with their confusing boarding passes. We were all upset that at the very meager accomodations and compensation for this inconvenience.

I stuck it out at the airport and meandered around the airport until submitting to my exhaustion around 3am for a few hours' nap on the unfresh-smelling carpet in the gate area. Once the sun rose (and it was as beautiful as the sunset just a few hours before), the familiar drip, drip, drip started its maddening splatter on the forehead again. 6:20am . . . no, 6:30am . . .no, 6:50am . . . no, 7:05am . . . finally, we board and after sitting on the tarmac for 30 minutes, we lift off to applause and land in Nashville just after 9am.

My experience is probably not the worst that has happened to people over the past week. However, it does expose major issues facing American Airlines - and I am not talking just about FAA compliance. The experience reeked of crisis mismanagement and flaws in customer service. Many of the attendants were rude and condescending, such as one that was rebooking customers on a different flight who ignored everyone who advised that we were supposed to be given a new boarding pass for the same flight. He just repeated that there was no other flight and that this is the flight you are going to take.

American Airlines will lose tens of millions of dollars from this fiasco. Not only are they having to pay customers for their inconvenience (even if some of their offers are paltry), they are losing the trust of tens of thousands of travelers. There were several who said "I won't be flying American Airlines again." Though I doubt that will be the case for most - I know the powerful tonic of time - it will take a while before confidence will be restored. I don't think there could be a worse time for this to have happened, for more than my own personal reasons.

As with most crises, there are stories of hope. In this case, there was a friendly American Airlines attendant who stayed with those of us camping at the gate and finding blankets for people and advising of areas where cots were available. She also helped others who needed to get rebooked, regardless of whether they were at her gate or not. She had tremendous patience and was generous with her time even though there were many who demanded it.

Although I can understand the frustrations of attendants having to answer to unhappy travelers (which wasn't confined to American Airlines - we found rudeness in other airlines' staff who were absorbing the displaced passengers), it was good to know that there are some (unfortunately few) who commiserate and go out of their way to provide customer service. Without any management in sight, will this woman attendant get the recognition she deserves? From me, yes. Her name is Ramina Zomaya, based in Chicago.

We have begun taking submissions for the 2008 Law Firm Economic Survey. If your firm is interested in participating, please contact Brian by clicking here.

New Advocate Group Targets Work-Life Balance At Law Firms

Admin — Thu, 27 Mar 2008 13:59:57 GMT

A guest blogger for JDBliss writes on March 20th about a 3L law student at Standford Law School who has built a new organization trying to influence how Big Law firms treat their associates. The law student

"was disturbed by the stories he heard from lawyer friends about 60-hour weeks poring over mind-numbing documents, young associates getting little feedback on their performance, and the small percentage of associates who made partner after years of toil."

Instead of accepting the "status quo", he started an organization focused on reforming law firms. According to the post, the group has already made an impact on firms as many have started to:

provide more flexibility for lawyers who are parents,
offer mentorship programs for newer attorneys,
change or eliminate the billable hour in favor of fee and compensation arrangements that reduce pressures on associates,
evaluate newer lawyers based on the skills they have developed rather than their longevity at the firm, and
give employees credit for pro bono service and other firm-related work such as recruiting.

Wait a second. Something is missing from the above. Where is the "reduction of obnoxiously high starting salaries for graduating law school students"? Must have been an oversight. I have little worry, though. Through the commitment of this brave group, I am certain law firms will respond by lowering associate salaries from their current ridiculous levels through the group's "influenc[ing] the employment practices of law firms by highlighting firms' commitment to their lawyers' work-life balance, to diversity, and to professional development during the lawyers' careers."

If this too is not a goal of the group, the membership of "more than 1,000 students" may have unwittingly given firms a reason to do so.

One of the above bullet points does appear, in principle at least, to validate findings in a recent Harvard Business Review article about which I wrote on March 14th. The desire to move away from billable hour requirements in exchange for other arrangments that are more task oriented fits into the HBR argument of "Gen Y"'s focus on results rather than method.

I also can't argue with the need for mentorship programs and merit-based promotion. Both of these needs help the firm increase revenue and value not only to clients but firm professionals as well.

If the group wants others to take it seriously, though, it may want to consider a few things:

If you want a work-life balance, you have to understand that your salary will not be as high. There are costs to balancing your life. Make the same argument for reducing pay for associates.
Clean up the site. I can't take seriously a movement to drive down work standards written with such a lazy approach. No capital letters starting sentences? The grammar is so bad that it reads like a rambling manifesto rather than a reasoned argument.
Highlight your pro bono initiatives and how it has affected the life of the members who participate.

I can't help but think of what those in other industries would think reading that site (besides the poor drafting). Imagine a coal miner or construction worker or any other type of industry where long hours are required reading it. Attorneys who get paid upwards to hundreds of thousands of dollars a year starting pay complaining about their plight.

As they say in the south, "bless your heart".

Virtual Worlds, Social Networking, Web 2.0: The Jealous Mistress Is Online

Admin — Fri, 21 Mar 2008 07:00:25 GMT

Law is famously known to those who practice as the "jealous mistress" (I'm not sure how well this analogy works with the growing number of women attorneys). The phrase adds a new dimension when used in association with virtual reality. Davis, LLP, a Canadian firm made the focus of the cover story in the March 2008 Canadian Lawyer (New Frontiers), has set up real estate in a virtual world called Second Life. Second Life, an online place where, according to the article, over nine million people live. Second Life's own website claims the number is closer to thirteen million. Thirteen million! From there, two resident Davis, LLP attorneys can talk to prospective clients and recruit new lawyers.

Says Pablo Guzman (PabloGuzman Little, for those reading this in a virtual coffee shop), an attorney with Davis: "Lawyers go where their clients are or where they think they can get clients. For us, Second Life is a great marketing tool and a recruitment tool."

Thirteen million people. I wonder if there are internet cafes in this place? Would logging into the internet there peek back into reality, or look into infinity?

The world within the web doesn't end with Second Life. Besides this blog, myriads of other lawyers are following Kevin O'Keefe's lead in starting blogs (www.lexblog.com). Vendors such as LexisNexis (Martindale Hubbell's blog) and Thomson West (westblog.net) have taken advantage of the running online dialogue. And now a consortium of marketing consultants and lawyers have created the webspace known as JDSupra.com, where attorneys can share work product (documents) and market their services. And, of course, there is Facebook.

But what is this "Web 2.0" anyway? According to Tim O'Reilly, the term was coined at a conference brainstorming session after the dot.com crash. Contemplating the future of the internet, the name was given as a way to mark the next generation of tools on the web. For example, Web 1.0 used Brittanica Online for encyclopedic information; Web 2.0 uses Wikipedia. Web 1.0 used personal websites for running online dialogue; Web 2.0 uses blogs. Web 1.0 used creepy AOL Chatrooms; Web 2.0 uses creepy virtual worlds ("creepy" in a mystifying sense).

Thirteen million people. In one large online world. Can you afford to avoid real estate in this vast empty space? I have not visited this world of Second Life, but I can only expect that there is no housing market crash or credit tightening going on - but then, I am probably wrong. Surely virtual life imitates "real" life?

According to Mr. Guzman, Second Life "is not necessarily somewhere were we can practise law, because we do not practise law in cyberspace". Perhaps not now. But with thirteen million people walking like virtual zombies in a world conceived by code sentries, it surely is only a matter of time when independence is claimed, wars are fought, and lawyers are brought in to restore justice.

The IRS isn't waiting for attorneys to set up shop. Accoring to a May, 2007 CNN story, the IRS wants to tax profits made while inside Second Life. The currency , the Linden, has an exchange rate and can be converted to US Dollars. Where there is money, there is potential for disagreement. And need for contracts. And perhaps a lawsuit ensues.

The pieces are there for the ability (dare I say need?) to practice law. Maybe that comes with Web 3.0.

New Contributors For More Partner Income

Admin — Thu, 20 Mar 2008 07:11:15 GMT

In the coming weeks, there will be some new contributors added to the blog. I met with several members of the Redwood Analytics team in Virginia today and am happy to announce that their expertise will be added to More Partner Income.

Redwood Analytics is a new acquisition to LexisNexis. They focus on benchmarking and business intelligence tools for law firms. They also have a staff of consultants who work with law firms to measure performance as well as provide granular analysis on both matter and attorney metrics.

The addition of Redwood's expertise to the blog will provide unique insight gained from experience in working with law firms in the large law segment that demand high levels of analysis related to the business aspects of their practice.

Redwood also hosts a Think Tank, made up of law firm leaders. From Redwood's website:

[Redwood's Think Tank] is comprised of forward thinking industry leaders assembled to study and formulate cogent solutions to significant law firm management issues. Individuals are invited to join the Think Tank based on their demonstrated ability both to think strategically and to take action to promote change.

For more information on Redwood Analytics and the products and services they provide, please visit www.redwoodanalytics.com.

We have begun taking submissions for the 2008 Law Firm Economic Survey. If your firm is interested in participating, please contact Brian by clicking here.

Work/Life Balance May Hinge on Others' Deadly Whims

Admin — Wed, 13 Feb 2008 08:00:06 GMT

I was talking with the driver on the way to the airport last week when the subject of his family came up. He showed pictures of his kids and how they were growing so fast. He then said to me, "don't ever take for granted what you have today - you may not be around tomorrow to enjoy it".

After hearing of the near disaster that could have occurred in Tempe, Arizona as Super Bowl revelers filed into the stadium unaware of the danger near them, I reflected on the fragility of life and the effects one person can have on so many others.

Although important, the purpose for improving revenue and financial performance should be to provide better for yourself and/or your family. Don't let the focus on the bottom line blur the real bottom line. The world is uncaring and unmoved by regret.

It's been said to live today as if it were your last. In college I loved to invoke "carpe diem" to encourage bad habits. The fact is, we can't afford to reflect much when the fate of others are at our feet. However, there is always a moment, however brief, in each day that can be used to ensure that when your time comes, there will be no regret. Time management applies not only to your professional life, but your personal life too.

You can't control when your last breath occurs. You can control what you do while still breathing. Don't ever take for granted what you have today.

Morepartnerincome.com is sponsored by Juris®. For information about Juris products and services for increasing law firm performance and partner income contact Juris National Sales Center:

877/377-3740, e-mail info@juris.com or go to www.Juris.com.