Seven Steps for Picking the Best Birth Injury Law Firm

Choosing a law firm is never easy. A commercial on television, billboard on the side of the road, or advertisement on your favorite web page tells you very little about the quality of the firm you select. Recommendations from friends are good, but only if you happen to have a friend who previously had a lawsuit in the same area as you. Referrals from other attorneys who may know the leading experts in the area you need can be helpful. Still, the process of choosing a law firm can be largely mysterious.

Let me help clear it up. If you suspect your child was injured by medical negligence and are looking for the right firm, here are some steps you can follow to choose the best lawyers for the job:

1) Make sure the firm specializes in birth injury cases. Wouldn’t you rather hire someone who is familiar and comfortable with the area? Law firms with lots of experience in birth injury will be far better equipped to deal with your case than those who are new to the field. If you are getting a recommendation, ask to be referred to a firm whose specialty is birth injury.

2) Look at the firm’s credentials and rankings. There are a number of websites and publications that rank attorneys and law firms. These can provide useful information about a firm’s value, success, and reputation. Check out Martindale.com, Best Lawyers, Super Lawyers, and the US News rankings of best law firms.

3) Choose a law firm with medical professionals on staff. Success in birth injury cases depends on nuanced knowledge of both the legal and medical system. If your law firm has doctors, nurses, and other medical professionals working for them, they are better prepared to handle the subject matter and win your case.

4) Make sure the law firm knows how to say “no” to too-low settlement offers. Defense attorneys may offer attractive settlements that may be, in reality, far lower than the actual cost of lifetime care of a severely disabled child. You need an attorney you can trust to turn down offers when appropriate.

5) Pick a firm that has sufficient financial resources. Law suits can take years from start to finish – and when the payout only comes at the end, some firms will not be able to make the necessary investment. By looking at the size of a firm’s staff, the number of years they’ve been practicing, and evidence of successes, you can get some idea of their financial depth. This is needed if you want them to keep experienced attorneys and staff working on your case, potentially for a long time.

6) Do not choose a firm who demands payment up front. Injury attorneys are typically paid a portion of the payout if they win or settle your case. A good firm won’t rush you to sign an agreement if you are still uncertain. Make sure they are easy to reach and keep you updated on the progress of your case.

7) Don’t assume your firm has to be confined to your geographic area. Some larger law firms are licensed to practice in many states.

Common Qualities of the Best Law Firms

In my 12 years of practice, I have been employed with a wide variety of law firms. When I decided to open my own practice, I started thinking about the qualities that make up the best law firms. In determining the best law firms do you include things such as employee benefits, firm culture and employee turnover rates? Or do you focus on the qualities that affect a law firm’s most precious commodity – the client? My take on this is that the best law firms employ quality attorneys and staff with the highest of ethical standards and the desire to fight within their ethical bounds for their clients.

One key factor in having a successful law practice is an effective leader. A good leader will have a vision for the firm’s direction, a commitment to serving its clients, and a desire to find like-minded people that believe not only in the clients, but the brand of the firm. I have found in my practice that effective leaders can quickly change with success and growth. They often lose touch with the very people that helped them grow into a successful powerhouse. It is easy to go from a scenario of weekly partner/associate lunches to rarely, if ever, seeing a partner in the office. Effective leaders at the best law firm have a good understanding of the legal work coming out of the office, the overall satisfaction of its clients, and an awareness of the employees’ overall job satisfaction. With success and growth, it is easy to lose touch with these important factors, but good leaders will remain cognizant of these factors, even with exponential growth of the firm.

The best law firms also have compassion for their clients. When attorneys at these firms meet with clients, it’s never about sharing the attorney’s successes. Rather, it’s listening to your clients concerns, determining their overall goal through representation by the firm, and showing empathy towards their situation. Many attorneys look at their clients and see dollar signs. They look at the opportunity to bill or the total fee they will earn on a contingency for a huge settlement. These attorneys fail to recall one of the most basic ethical consideration of attorneys, acting in the best interest of the client. Because at the end of the day, all the billable hours in the world won’t make a practice successful If you don’t satisfy and take good care of your clients. Firms with this mindset often have high turnover rates because they make billing THE priority. They burn their attorneys out and bring in brand new attorneys and start the process fresh with them. This can easily lead to dissatisfaction by clients. They may not know from one month to the next which attorney is representing them.

Another key quality of the best law firms is a narrow focus on a particular area of law. The days of general practitioners is (or should be) gone. Laws are complex and can change in an instant depending on legislation or new case law handed down by appellate courts. The best law firms have focus on one area of law and become very good at it. They are aware of recent changes as well as developing changes in their area of practice. With such a narrow focus, they can change strategy in an instant and become the authority to their clients by showing their knowledge in a particular area of law. Beware of the lawyer who claims to practice in all areas of civil litigation. While it is possible, consider that opposing counsel may have a more narrow focus. They may have that golden nugget of information that can make the case a winner for them and a loser for your client.

There are a number of other factors to consider when trying to determine the best. That may be the discussion for a future article. But those discussed here are, in this author’s opinion, the most important factors to consider when trying to figure out what makes a firm one of the best.

Law Firm Collections – The 10 Biggest Mistakes In Managing Their Accounts Receivable

The demands of an ever-growing legal profession require law firms to have forward-thinking management strategies to address clients’ needs. Although lawyers’ main priority is – and must be – to deliver quality service, law firms must also build their organizations to support their clients’ evolving demands, by taking steps such as opening international offices, embracing new technologies, and developing new areas of practice.

As a result of this growth, law firms will face high overhead and growing compensation demands from their professionals. Meanwhile, firms will be squeezed from the other side by clients who have high expectations yet, at the same time, scrutinize their bills.

During the course of a year, many firms find it difficult to judge how well their collection efforts are faring and how this could impact their financial pictures. Lawyers have been conditioned to take a relaxed attitude in their collection efforts, largely due to a mindset among attorneys that grants clients the benefit of the doubt and a view among clients that making payments is not a priority. Attorneys also fail to realize that clients will take advantage of their professional relationship. Thus begins a vicious cycle. Lawyers are not vigilant in getting their clients to pay and the clients, as a result, are not quick to pay. The lawyers, then, are reluctant to press their clients. And so on.

The business of buying legal services does not lend itself to such strict purchase and payment rules.

It often involves complicated transactions, equally complex business relationships, and disputed resolutions that require many hours of work at high billing rates, resulting in high bills to clients. Stopping work because a client does not pay is sometimes not an option because of ethical obligations.

The reality is that problems with collections within the legal profession are not a financial management

issue. It’s all about effective practice management, which requires attorneys and law firms to manage

their accounts receivable proactively. However good the firm’s financial staff may be, attorneys are ultimately responsible for the success – or failure – of collection efforts because they who steer the relationships with clients.

When it comes to receivables, law firms fall victim to 10 common mistakes:

1. Attorneys believe that aging receivables are not an indicator that collection problems exist. Actually, if bills have not been paid within 90 days, you have received the first sign that you may have a collection problem – and, if it is not resolved quickly, they could age further and be virtually uncollectible. Only 50 percent of receivables over 120 days will be collected, and the likelihood drops precipitously after that.

Clients reason that if the firm has waited several months to try to collect unpaid bills, they can wait to pay those bills. They assume, and with good reason, that they are in better position to negotiate discounts. The longer a law firm waits to collect unpaid bills, savvy clients realize, the more likely the bills will end up being discounted or written off altogether.

2. Law firms fear they will damage client relationships by asking clients to pay their bills. The fact is that law firms lose clients by doing poor work or by failing to deliver client service, not by asking clients to pay their bills. Efforts to manage receivables will not hurt the relationship, as long as it is done professionally. Actually, most clients are perfectly willing to pay their bills, although many are dealing with cash flow problems. Also, clients fall victim to “sticker shock,” which happens when a client expects to receive a bill of a certain size and gets a rude awakening when larger invoices arrive.

3. Lawyers avoid addressing problems by depending on the mail to communicate with delinquent clients.

Postal mail is slower and far less effective than using the telephone to address delinquency issues. A conversation allows you to have a dialogue about the bill. Besides, letters and reminder statements are easily misplaced and avoided. If the client continues to receive reminder statements after 60 days and still does not pay, chances are there is an issue preventing payment. Even a brief, non-confrontational telephone conversation should communicate to the client the urgency of your need for payment and allow you to learn quickly if there are any problems or concerns – and what it will take to get the bill paid.

4. Firms believe that accounting and collection software will cure all that ails them. Software can be an excellent tool to manage receivables, but it is only as good as the people using it. Many law

firms have developed policies and procedures to better manage their accounts receivable, but many have not properly utilized their software to help implement new systems. It takes time and specialization to fully grasp how the software can help a firm’s collection efforts. Law firm staffs are often responsible for many day-to-day tasks that leave them little time to explore and make maximum use of the functions that software offers.

5. Firms embrace alternative payment arrangements too quickly. Complex transactions may not lend themselves to a regular payment schedule, and they may cause confusion as to appropriate payment if the deal does not come to fruition. Furthermore, risky deals sometimes fail, leaving a trail of unpaid receivables.

6. Lawyers fail to recognize the point at which they should stop doing work rather than continuing to

amass unpaid bills. Sometimes lawyers become so wrapped up in their work that they do not pay

sufficient attention to bills that are not getting paid. By the time they realize clients are not paying, they have put in plenty of additional time. Someone – and perhaps the attorney is not the right person – should be monitoring payment so work does not far out-pace payment.

7. Accounts receivable management reports are not providing the right information to measure progress. Accounting departments are churning out a lot of reports concerning receivables. But are these reports answering the key questions that will allow the firm to maximize its collections? Why is the client delinquent? Is delinquency habitual for this client? What can the firm do to facilitate payment, both in the short and long terms?

8. Law firms are not analyzing the right reports to manage accounts receivable. Most firms still use

generic financial reports that have too much extraneous information to target problem offenders. Instead, firms need to generate more useful information. For instance, firms need to know if an account is being actively pursued and what the payment status is. They need to know who is pursuing the collection efforts (the attorney or the collection staff) and whether they are getting results. They need to categorize their accounts in order to know the reasons clients are not paying, such as cash flow problems, disputed fees and

services, or third-party responsibility. They need to know where the problem accounts are in order to determine a plan of action to get the bills paid.

9. Law firms are not spending enough time focusing on older, aging receivables. As a result of the growing legal profession, most firms continue to bring in new business while maintaining strong realization and focusing on more current accounts receivable. Firm management may be so busy building the firm for the future that it is ignoring the reality that a lot of receivables are slipping through their hands. They do not fully realize that increasing collections with payments from aging receivables is a fast and effective way to put more money into the partners’ pockets.

10. Law firms are not making collection staff or departments accountable for producing results. Many law firms fail to evaluate their staffs’ performances in collecting aging receivables. The collection staff is, therefore, left with little guidance as to what its collection responsibilities should be – and this does not necessarily include addressing and pursuing older, more difficult accounts. Collection staffs often end up being responsible only for monitoring payment of ongoing clients, sending reminder statements, or providing accounts receivable reports to attorneys. Although these duties are important, they do not address the more fundamental issues concerning collecting for complicated transactions and for client relationships that require more individual attention.

Take the time to honestly evaluate your receivables collection and management efforts. By understanding – and overcoming – some basic mistakes, lawyers can become far more effective in managing their receivables.

Marketing A Law Firm: You Will Need A Law Firm Website

Each year there is more and more online competition for lawyers as law firms reach out to the internet as another mode of marketing a law firm. Lawyers are spending more of their marketing budgets building websites instead of advertising in the traditional ways such as in the phone book.

Traditionally law firms spent a great deal of their marketing budgets on phone book ads. However, it seems that the phone book is becoming obsolete. When was the last time you used a phone book to research a company? Instead of turning to the phone book people now turn to their cell phones, computers, and iPads to research companies and law firms.

Most people these days have access to the internet and most are online multiple times a day. Many use the internet for their work and they sit in front of a computer several hours a day. This means that the rules of marketing a law firm are changing.

It is possible to build a successful law firm using online marketing you just need to have some measurable goals and an understanding of how to get there. Many law firms will pay some web guy to create a website for them. The problem is that just having a website isn’t enough. A pretty website with a great design alone won’t get you business or make your firm more successful.

When people search for something on a search engine such as Google they usually browse over the results on page 1 but most people don’t go much further than that, they don’t click through to see the results on page 2 or 3 and there’s even less of a chance they will click through to pages 5 or higher. If a searcher doesn’t find what they are looking for on the first page or two then they will typically do another search with different keywords. You need to get your site on the first page so that it can be found quickly and easily.

If a law firm just has some web guy create a law firm website they might discover that their website isn’t ranked well on the search engines. Many law firms aren’t even aware of where they rank in Google; they’ve never Googled themselves or asked their web person.

Hiring a professional marketing firm that knows how to bring qualified leads to the firm will give you a big advantage over the firm that just hires a web guy. Thousands of people use the internet to find lawyers. They use the major search engines to type in keywords and search for lawyers in their local area or they search for the best lawyers in a specific field of law. When they do their search, you want to be on the front page when they type in your town or your practice specialty. You want to be as high on the search engines for as many keywords as possible.

A professional website design team will be able to design a site for your firm that not only looks great but one that can be found on search engines and converts site visitors to clients quickly. You want people coming to your site who are looking to hire a firm that specializes in what you do. Hire a web design firm who knows how to get clients to the top of search engines and who has experience in marketing a law firm.

Starting a Law Firm – Local Counsel Work

When considering starting your own law firm, one often overlooked source of business for your fledgling business is local counsel work.

When I began my career as an attorney at a medium sized firm, I had an idea of what I would be working on. For instance, areas such as corporate law, family law, criminal law, estate law, real estate law, are all examples of practices areas that I, like all lawyers, am familiar with because those courses are taught in probably every law school in the United States. So, if you join a law firm in the private practice arena, you will probably work as a lawyer in one or more of these areas.

For example, the typical way to practice law is to have a client ask you to help them with their legal problem. A person or entity will come to you and hire you to help them with their business, family, or personal legal dilemma. That is the most common way to work as a lawyer.

However, one surprise that many lawyers find when they start practicing out of law school is that other lawyers and firms often hire attorneys outside their firm to be their lawyer for a local hearing. This concept is called local counsel.

There are two standard forms of local counsel work:

(1) a firm in the jurisdiction you work in, but which is a long ways away (like in a different city) hires you; or

(2) a firm outside of your jurisdiction and typically in another state hires you.

In these two situations, attorneys and/or law firms will hire out a lawyer to handle hearings in the courthouse or county where the original firm has filed its case. Hiring and outside attorney enables the hiring law firm to have an attorney present in a court-house that is far-far away from the hiring firm’s office. It would be much too expensive to have a $300.00-an-hour attorney drive from a far away city to attend a minor foreclosure hearing. So, the law firm that originated the lawsuit will often hire an attorney at a lower dollar amount to handle a simple hearing.

Examples of legal areas in which local counsel work is needed are: foreclosures, bankruptcy, and debt collection. Often the hired attorney will appear at a minor hearing, such as a status conference, and file an attorney appearance with the court. The attorney will inform the court that he or she has been hired only for the purpose of the local counsel work. A judge will often understand that the law firm who hired the local attorney will handle the actual procedural filing. However, the local counsel attorney will handle the minor matter before him or her. One thing to keep in mind is that the hired lawyer still owes a duty to both the court and his client to be diligent and prepared when he or she accepts the case – no matter how minor it is.

Why is local counsel work important for starting your own firm? In the foremost, it is usually relatively simple and it is a very effective way to generate cash flow for your firm. Without cash flow, your law firm will die.

Another great thing about local counsel work is that it helps the courts function efficiently. If an attorney can show up at minor hearing and guide the legal process along, the court can worry more about other, more important, cases on its docket.

In sum, local counsel work is an often unknown and overlooked aspect of starting and building a law practice. Attorneys who have been practicing for any amount of time often know about local counsel work. However, a person coming out of law school likely has never heard of it. If a person decides to start their own firm out of law school, they will not want to miss this great source of revenue-generating work.

Furthermore, another reason to do local counsel work is that lawyers tend not to stiff other lawyers. In other words, when you are hired, you know you are going to get paid. That may sound simple, but when you are staring out and trying to survive, getting paid for the work you do is of the utmost importance. Heck, it may be the only important thing to know when you are starting your own firm.

When considering starting a law firm, and whether your niche area is family law, criminal law, corporate law, or some other area of law, you need to remember local counsel work and focus some of your firm marketing towards this area. It is not always the most lucrative work, but, if you can get it, it is steady, it generates immediate cash flow, and it get your new law firm humming.