The lawyer/client relationship is based on service. The Rules of Professional Conduct contain specific guidance on the following service related topics: Duty to Act Competently, Diligence and Communication. We will discuss these topics in the context of a review of the relevant Rules of Professional Conduct as well as pertinent case law and advisory opinions issued rendered by the Nebraska Ethics Advisory Opinions for Attorneys. By staying organized and running your practice efficiently, you lessen your chances of violating MRPC 1.3 (Diligence) because you will by and large be on top of your work load. I will introduce several practice management and activity mastery strategies that participants can incorporate immediately into their practices as well as day to day personal lives. Tools that will assist with organization and self management will be provided along with a detailed explanation as to how the diligent and persistent use of these tools can help you achieve balance in personal as well as professional lives.

1. Presented by Cynthia Sharp
• Professional CLE Speaker
• Attorney Business Coach

2. 2
STRATEGIES FOR TAKING
CHARGE OF YOUR LAW PRACTICE
Event Sponsor:
Featuring
Cynthia Sharp
The Sharper Lawyer
March 12, 2014
Merrillville, IN
March 13, 2014
Indianapolis, IN
@thesharperlawyer

3. Preliminary Thoughts
•I would be really happy if we could cover the following:
•I decided to attend “Take Charge” because:
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4. Strategic Skills
4
• Manage client expectations
• Create a culture of client communication
• Deliver top notch client service
• Develop a powerful & loyal staff
• Stay on top of pending cases
• Minimize daily stress & irritation
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5. Johari Window
What You Know About
Yourself And Everyone Else
Knows Too
What You Know About
Yourself But Nobody
Else Knows
What Everyone Else
Knows About You But
You Don’t Know
What You Don’t Know
About Yourself And
Nobody Else Knows Either
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6. “Insanity: doing the same
thing over and over again
and expecting different
results.”
- Albert Einstein
- Albert Einstein
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7. Goal Setting Tips
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• Aim high!
• Set specific goals
• Firm deadline
• Don’t allow current results to
control
• Know that you are worthy!
• Take action even if you don’t know
all steps
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8. “A lawyer shall act with reasonable diligence and
promptness in representing a client.”
Rule 1.3: Diligence
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9. Symptoms of Lack
of Diligence
• Failure to timely file pleadings
• Missed court appearances/meetings
• Files have grown mold
• Numerous requests for extension
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10. Causes of Lack
of Diligence
• Too much work
• Procrastination
• Disorganization
• Incompetency
• Personal issues
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11. “Procrastination is a mechanism for coping
with the anxiety associated with starting or
completing any task or decision.”
- Neil Fiore, Ph.D.
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13. Activity Management Concept -
Covey Quadrant
I.
Urgent/Important
II.
Not Urgent/Important
III.
Urgent/Not Important
IV.
Not Urgent/Not Important
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14. The Ideal Week
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15. The Ideal Week
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16. The Ideal Week
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17. The One Year Challenge
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18. The One Year Challenge
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19. 19 @thesharperlawyer

20. What is Your Most
Powerful
Negotiation Tip?
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21. Rule 1.4: Communication
(a) A lawyer shall:promptly inform the client of any decision or circumstance with
respect to which the client's informed consent, as defined in Rule 1.0(e), is required
by these Rules;reasonably consult with the client about the means by which the
client's objectives are to be accomplished;keep the client reasonably informed about
the status of the matter;promptly comply with reasonable requests for information;
andconsult with the client about any relevant limitation on the lawyer's conduct
when the lawyer knows that the client expects assistance not permitted by the Rules
of Professional Conduct or other law.A lawyer shall explain a matter to the extent
reasonably necessary to permit the client to make informed decisions regarding the
representation.
•A lawyer shall explain a matter to the extent reasonably necessary to permit the
client to make informed decisions regarding the representation.
•A lawyer shall explain a matter to the extent reasonably necessary to permit the
client to make informed decisions regarding the representation.
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22. Communication with Person Represented By Counsel
“In representing a client, a lawyer shall not communicate about the
subject of the representation with a person the lawyer knows to be
represented by another lawyer in the matter, unless the lawyer has
the consent of the other lawyer or is authorized to do so by law or a
court order.”
Rule 4.2
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24. Strong Case
Management System
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25. Develop Rapport
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26. 26
Ask Open Ended
Questions
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27. Listen Actively
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28. Keep Client Informed
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29. Defining The Terms of
Client Service
•Retainer Agreement
•Non-engagement Letter
•Termination Letter
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30. Retainer Agreement
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•Responsibilities of Lawyer
•Obligations of Client
•Scope of Representation
•Lay Out Stages of Case
•Payment of Costs
•Retainer Policy
•Billing and Payment Policies
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31. Retainer Agreement
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• Grounds for Withdrawal
• Nonpayment
• Client Misrepresentation
• Failure to Cooperate
• Client Requests Unethical Behavior
• Include Sunset Provision
• New Agreement for Each Matter
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32. Non-Engagement Letter
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•Anytime You Don’t Accept Matter
•Recommend Second Opinion
•Be Brief and Polite
•Record of Transmittal
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33. Termination Letter
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•Reason for Termination
•Conclusion
•Nonpayment
•Conflict Discovery
•Client Terminates
•Failure to Cooperate
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34. 34
Termination Letter
•How to Obtain File
•Status of Fees
•Client Satisfaction Survey
•Ask for Referral
•Ask for Testimonial
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35. 35
Client Relations
•Welcome Letter
•Client Satisfaction Survey
•Phone Appointments
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36. Attorney
Competence
36
Rule 1.1
“A lawyer shall provide competent representation to a
client. Competent representation requires the legal
knowledge, skill, thoroughness and preparation
reasonably necessary for the representation.”
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37. Business Expertise
• Business Creator
• Business Operator
• Business Innovator
• People Developer
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38. Improve Your Law Firm’s
Bottom Line
“A buck in the hand in worth two on the
books.”
- David Farber
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39. Significance of Key
Performance Indicators
A KPI is any measurement
or statistic that is
quantifiable, reflects a
firm’s goals, and is viewed
as key to its short and long
term success.
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40. KPI
•Effective Billing Rate
•Number of hours spent on project by
attorneys and professional staff.
•Assists in setting future rates and in
ascertaining whether a particular
practice area is profitable.
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41. 41
KPI
•Profit/Expense Ratio - This is determined by dividing
gross revenue by partner profit.
•Presume $300,000 gross revenue and $140,000 in
expenses.
•Profit/Expense Ratio - 53%
@thesharperlawyer

42. •Number of New Matters Open This Year
•Presume average matter generates $3,000
in revenue
•Add new matters by increasing
conversion rate
•1 new matter per month = $36,000
additional revenue per year.
42
KPI
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43. •CONVERSION RATE
•Number of Consulting Individuals Who Become
Clients
•Increase conversion rate through follow up
•Requires follow up
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KPI
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44. •Number of New Matters for Existing
Clients
•Do your clients return for other matters?
•Do you maintain ongoing relationships
with clients?
•Data Base
•Newsletters
•Informational Pieces
•Seminars
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KPI
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45. •Collection Realization Rate
•Percentage of billed work the firm
actually collects.
•Divide the amount billed to all clients
by the amount of those bills collected.
•Bill 1500/Collect 1200 CRR = 80%.
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KPI
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46. •Billing Realization Rate.
•Percentage of recorded billable time
actually billed to clients.
•Billable time -1700 hours/ Billed time
1500 hours BRR 88%
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KPI
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47. •Billable Hours
•“A lawyer's time and advice are his
stock in trade”. Abraham Lincoln
•$250 per hour
•Additional 5 hours per month = $15,000
per year
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KPI
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48. •Increase in awareness will improve bottom line.
•Structuring law practice as efficient business increases
possibility that practice can be sold in the marketplace,
thereby ultimately increasing the attorney’s net worth.
48
Building a Practice to Sell
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49. Leverage Yourself
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50. MEMOS
•In Ray James Madison
•In Ray John Smith
•In Ray Millicent Daniels
•In Ray Tammy Curry
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51. “Leadership is the
art of getting
someone else to
do something you
want done
because he wants
to do it.”
Dwight D. Eisenhower
34th President of the United States
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52. “The Buck
Stops Here”
Popularized by Harry S Truman
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53. Delegation Dynamics
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•The Fundamental Process
•Delegation Reluctance
•Problematic Delegation
Problems
•Action Plan - Moving Forward
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54. Setting the Stage
•Organization Chart
•Regular Staff Meetings
•SOP Manual
•Culture of Trust
The Fundamental Process
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55. Types of Delegation
•BASIC: Expectation is to follow instructions
explicitly
•CHALLENGING: Responsibility for an outcome
The Fundamental Process
What can I delegate?
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56. The Responsibility Shift
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57. The Responsibility Shift
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58. •Review the assignment. Loose ends?
•Clearly define the responsibility to be
assigned
•Who is right for the job?
•Team Attitude
The Fundamental Process
The Preparation Phase
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59. •Specificity as to end result
•Explicit authority (or lack
thereof)Available resources Set
specific deadlines
•Set specific deadlines
The Fundamental Process
The Explanation Phase
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60. •Confirm understanding of assignment
•Encourage QuestionsSupport and
Communicate Give Feedback
The Fundamental Process
The Conversation Phase
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61. •Discourage Upward Delegation
•Watch Out for Re-delegation
The Fundamental Process
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62. Delegation Reluctance
“Old habits die hard.”
~ English Proverb
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63. •Nobody does it better
•Not enough time
•Fear of Resentment
•Unclear as to Authority
Delegation Reluctance
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64. Problematic Delegation Styles
Procrastination
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65. Problematic Delegation Styles
Micromanagement
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66. Problematic Delegation Styles
Dump and Run
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67. The Mistake Process
“Mistakes are a part of being human.
Appreciate your mistakes for what
they are: precious life lessons that can
only be learned the hard way. Unless
it's a fatal mistake, which, at least,
others can learn from.”
~ Al Franken, "Oh, the Things I Know", 2002
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68. The Mistake Process
Delegator
•Private Discussions
•Support with Corrective Measures
•What is the “Learning”?
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69. The Mistake Process
Delegatee
•Confess quickly (if you
find the mistake)
•Ask for support where
needed
•Create process to avoid
similar errors
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70. MRPC 5.1 Responsibilities Of Partners,Managers, And Supervisory
LawyersMRPC 5.2 Responsibilities Of A Subordinate LawyerMRPC 5.3
Responsibilities Regarding Nonlawyer Assistants
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71. The Reality Focus
Self Assessment Tool
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72. Work/Life Balance
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73. Take Charge Plan
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74. Four Decisions
•Decide what you want
•Decide what you will give
up to get what you want
•Decide to take personal
responsibility
•Decide what value and
service you are going to
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75. “If you plan on being
anything less than you are
capable of being, you will
probably be unhappy all
the days of your life.”
- Abraham Maslow
- Abraham Maslow
- Abraham Maslow
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76. Moving Forward
•Did you learn anything new today?
•Did you gain any insight into yourself or someone else?
•Do you plan to change any of your behaviors as a result
of today’s session?
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77. Evaluations
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78. @thesharperlawyer

79. Connect with Cindy
like us follow us follow us share with us
The Sharper Lawyer
connect with us
@thesharperlawyer

80. The Sharper Lawyer
now offers
a complimentary
half hour coaching session.
Email Cindy for more details!
cindy@thesharperlawyer.com
@thesharperlawyer

81. Thank You
The Sharper Lawyer
www.thesharperlawyer.com