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One thing that successful and happy business attorneys do is keep on time of economic and social trends that might impact their clients or open up new opportunities to broaden the scope of their practices.  Even just a few minutes looking at the news these days reminds us that several interesting factors are converging in the US economy.  One unfortunate trend has been the escalating rate of long-term unemployment among seasoned workers, including many former senior managers who lost their jobs during the Great Recession and have been unable to find new work in spite of often herculean efforts.  Another development has been the steady and impressive growth in the purchase of small businesses in the US.  While researching for a new book, Buying a Business: What You Need to Know, that was just released by Aspatore my colleague Robert Brown and I learned that while US GDP grew 1.7% in 2011 the number of small businesses that were purchased grew 3.3% over that same period.  Maybe the best move for long-term seasoned executives and managers is to stop beating their heads against the wall trying to get others to notice them and start taking a hard look at business ownership as a viable and exciting new path.

Sure, there are good and real reasons for pining for a return to Corporate America.  These senior managers used to enjoy great pay and benefits and status in their industry and communities and many of them probably gave little or no thought to giving that up and going out on their own.  In fact, they were usually too busy to think about anything other than the project that their bosses had put in front of them.  But, all that has changed—probably for good—and now these unemployed senior managers are becoming anxious to get going once again.  In most cases they’ve run a small business already, albeit as part of a larger enterprise, and all they need is the confidence to take on the challenge and guidance on how to make the deal happen.  Moreover, the timing has never been better as business owners unable to find buyers willing to pay fair value during bad times are now realizing that they can make a sale on terms they can live with as the economy begins to turn up.

What does this mean to you?  Well, as a business counselor you can make an invaluable contribution to the process of locating, evaluating and purchasing a new business including assisting with due diligence, negotiating the purchase and sale documents and assisting the purchase after the deal is done to get any loose ends in order and set the company in a way that increases its chances of success.  Not sure how to make this all happen?  No problem.  Just start with the Beyond the Bar video program aptly named The Purchase or Sale of a Business Doesn’t Have to be a Bumpy Ride.  You’ll learn the basics about how to manage all the elements of buying a business and the information that your clients will need to collect and analyze in order to get started.  Other programs in the series will help you feel more confident about assisting clients with letters of intent, due diligence and closing the deal!

Buying a Business is “In” and You Should Be Part of It

By Alan Gutterman on May 20, 2013

To match ASIA COMPANIES/SENTIMENT/One thing that successful and happy business attorneys do is keep on time of economic and social trends that might impact their clients or open up new opportunities[…]

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There are essentially two schools of thought on whether lawyers should offer free consultations to prospective clients. On one side are the lawyers who argue that their time and advice is valuable and that a free consultation undermines that value. These lawyers tend to practice in areas in which the client will be looking for very specific advice in the initial consultation. Requiring payment for an initial consultation reinforces to the client that the lawyer expects to get paid for his or her services. Requiring payment before or at the outset of a consultation also cuts down on clients who schedule an appointment but never show up.

On the other side are the attorneys for whom free consultations are commonly offered in their practice areas. This is particularly true for contingent fee work, such as personal injury, workers compensation, and plaintiff’s employment law. Other high-competition practice areas, such as bankruptcy and criminal law, tend toward free consultations. In these areas the free consultations are a way of convincing the client to visit your office to meet with you, at which point you have the opportunity to “close the deal” and convince the client to sign a representation agreement.

As one might expect, regardless of the practice area, newer and less-busy lawyers tend to offer more free consultations. Although one may give away some value in answering a prospective client’s questions for free, the good will that is built with the prospective client may lead to the person hiring the lawyer or referring friends to the lawyer. Somewhat paradoxically, as lawyers become more successful, they tend to be less willing to give away their time.

There is much room for creativity around initial consultations. In my practice of representing lawyers, I offer up to 15 minutes of an initial consultation for free, except that if the conversation runs longer than 15 minutes, I charge a minimum fee of about half my hourly rate. That way I can encourage lawyers to call me with quick, straightforward questions but I still can get paid for the value of my experience and advice if the question is more complex.

To learn more about finding value in free consultations, click here

Finding Value in Free Consultations

By Eric Cooperstein on May 13, 2013

counselor-bigThere are essentially two schools of thought on whether lawyers should offer free consultations to prospective clients. On one side are the lawyers who argue that their time[…]

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Once you have a planning system in place (see first blog post on this topic), use it to create a master list that incorporates your personal and professional goals as well as existing and future projects.  One of the great time management ironies is that it takes time to make time—but a lot less time than most people think.  Set aside a half hour this week to create your master list and capture everything in one place.  Then plan to set aside 5-10 minutes once a week (for example, Sunday evening or Monday morning) to look at your master list, update it, and determine what needs to be done this upcoming week.  Flag the items that need to be done this week.  Then spend 2 minutes or less at the beginning and/or end of each day pulling from the weekly priorities into the plan for that day.  When working on your daily task lists, realistically assess the time it will take to get tasks done and the steps involved. A good rule of thumb is to estimate the time it will take and then double it.  Most of us underestimate the time it will take to get things done and then fail to deliver on time, don’t produce our highest quality work, or, most commonly, end up doing it last minute!  To create a smart daily task list, keep these tips in mind:

  • Keep tasks realistic, small, and achievable
  • If you cannot accomplish a certain task in one to two hours or, at the maximum, in one day, break the items down smaller
  • Give every task a deadline, starting from the end and working backwards to the present – and build in time for inevitable interruptions!

Struggle with Time Management? Step Two: Actually Use Your Task Management System

By Kathleen Post on May 2, 2013

executive_summaryOnce you have a planning system in place (see first blog post on this topic), use it to create a master list that incorporates your personal and professional[…]

strictly_bizstrictly_bizstrictly_biz

Now is always a good time to put a planning system into place if you don’t have one. Tracking goals, projects, action steps, tasks, and activities by keeping them “all in your head” or on post it notes scattered around the office is not a sustainable strategy for the long haul.  As you ascend the career and life ladder, things only get more complicated so it is smart to start early by putting strong task management strategies into place.  The idea is to capture all tasks, big and small, in a system that exists outside of your mind. Not only will this cut down on excessive mind clutter, which reduces anxiety and stress, but it will enable you to chart a proactive course towards your goals and feel fulfilled by what you’ve accomplished.  To find the right system for you, consider your preference for paper or technology. Do you prefer to write your tasks on paper and check them off?  On your computer or smart phone?  Combination?  Here are a few products to consider.  For paper planning options, check out www.franklincovey.com or www.levenger.com or search the Web for others.  In terms of electronic options, a simple word document or excel spreadsheet that tracks your tasks can be more than adequate.  There are also endless “apps” out there these days.  One free app I like is called Wunderlist – www.wunderlist.com.  It works across platforms so you can access it from your smartphone or online while you work and always have your list at the ready.  It’s simple and flexible for keeping track of both work and personal tasks.  The key here, no matter which route you choose to go in, is to find a system that you will actually use. A simple spiral bound notebook used together with an electronic calendaring tool such as Microsoft Outlook is a perfectly good system. Fancy isn’t the goal here.  Simple is the goal… because a simple system is a system that is actually used!

Struggle with Time Management? Step One: Get a Good Task Management System

By Kathleen Post on April 30, 2013

strictly_bizNow is always a good time to put a planning system into place if you don’t have one. Tracking goals, projects, action steps, tasks, and activities by keeping[…]

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Last week a lawyer wrote to me and asked if it was ethical to charge, in addition to a flat fee for representing a client in a matter, an additional “administrative fee” of $25 for copies, postage, and other costs that might be incurred in the matter. I see  these types of fees occasionally in retainer agreements, whether they’re hourly or flat.

The ethical question is not hard: all fees and costs must be reasonable. That leaves a lot of leeway, although there is authority that says that charges for costs should be related to the lawyer’s actual costs and not be a profit center for the firm.

If it’s difficult or time consuming to track costs for a particular client, you could charge a reasonable administrative fee. I would first want to track the costs in various client matters to see how much those costs typically run. But if ten clients’ costs are $100 and ten clients’ costs are zero, I don’t think it is reasonable to charge every client $50.

The practice of charging a vague administrative fee reminds me of when I go to my auto mechanic and there are charges on my bill for parts, for labor (per hour, by the way), and “shop supplies.” When I ask what that item means, the response is usually a noncommittal “Oh, you know. Rags and stuff.” No, actually, I don’t know. Rags? Seriously, you’re charging me extra for rags?

If you don’t want to bill separately for costs, fold them in to the hourly rate or flat fee you charge the client. Let’s leave the charges for shop supplies to the mechanics.

Shop Supplies

By Eric Cooperstein on April 23, 2013

Ethics GraphicLast week a lawyer wrote to me and asked if it was ethical to charge, in addition to a flat fee for representing a client in a matter,[…]