Presented by Cynthia Sharp• Professional CLE Speaker• Attorney Business Coach
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TAKE CHARGE OF YOUR LIFE:PERSONAL AND PROFESSIONAL
Event Sponsor:
March 14, 2013
Preliminary Thoughts
•I would be really happy if we could cover the
following:
•I decided to attend “Take Charge” because:
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Strategic Skills
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• 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
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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“Insanity: doing the same thing over and
over again and expecting different
results.”
- Albert Einstein
- Albert Einstein
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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
Diligence provides: “A lawyer shall act with reasonable diligence and promptness in representing a client.”
Rule 1-3
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Causes of Lack of Diligence• Too much
work
•
Procrastinatio
n
•
Disorganizatio
n
• Incompetency
• Personal
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“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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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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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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The Ideal Week
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The Ideal Week
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The Ideal Week
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The One Year Challenge
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The One Year Challenge
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Rule 1-4
(a) A lawyer shall:
(1)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;
(2)reasonably consult with the client about the means by which the client's objectives are to be accomplished;
(3)keep the client reasonably informed about the status of the matter; promptly comply with reasonable requests for information; and
(4)consult 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
(5)Professional Conduct or other law or assistance limited under Rule 1.2(c).
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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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Strong Case Management System
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Develop Rapport
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Ask Open Ended
Questions
Listen Actively
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Keep Client Informed
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Defining The Terms of Client Service
•Retainer Agreement
•Non-engagement Letter
•Termination Letter
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Retainer Agreement
•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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Retainer Agreement•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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Non-Engagement Letter
•Anytime You Don’t Accept Matter
•Recommend Second Opinion
•Be Brief and Polite
•Record of Transmittal
•Anytime You Don’t Accept Matter
•Recommend Second Opinion
•Be Brief and Polite
•Record of Transmittal
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Termination Letter
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•Reason for Termination
•Conclusion
•Nonpayment
•Conflict Discovery
•Client Terminates
•Failure to Cooperate
•Reason for Termination
•Conclusion
•Nonpayment
•Conflict Discovery
•Client Terminates
•Failure to Cooperate
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Termination Letter
•How to Obtain File
•Status of Fees
•Client Satisfaction Survey
•Ask for Referral
•Ask for Testimonial
•How to Obtain File
•Status of Fees
•Client Satisfaction Survey
•Ask for Referral
•Ask for Testimonial
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Client Relations
•Welcome Letter
•Client Satisfaction Survey
•Phone Appointments
•Welcome Letter
•Client Satisfaction Survey
•Phone Appointments
Attorney Competence
Rule 1.1 provides that “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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Business Expertise• Business Creator
• Business
Operator
• Business
Innovator
• People
Developer
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Leverage Yourself
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“Leadership is the art of getting
someone else to do
something you want done because he
wants to do it.” Dwight D. Eisenhower34th President of the United States
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“The Buck Stops Here”
Popularized by Harry S Truman
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Delegation Dynamics
•The Fundamental Process
•Delegation Reluctance
•Problematic Delegation Problems
•Action Plan - Moving Forward
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Setting the Stage
•Organization Chart
•Regular Staff
Meetings
•SOP Manual
•Culture of Trust
The Fundamental
Process
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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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The Responsibility Shift
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The Responsibility Shift
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•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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•Specificity as to end result
•Explicit authority (or lack
thereof
•Available resources
•Set specific deadlines
The Fundamental
Process
The Explanation Phase
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•Confirm understanding of
assignment
•Encourage Questions
•Support and Communicate
•Give Feedback
The Fundamental
Process
The Conversation Phase
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•Discourage Upward
Delegation
•Watch Out for Re-
delegation
The Fundamental
Process
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Delegation Reluctance
“Old habits die hard.”
~ English Proverb
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•Nobody does it better
•Not enough time
•Fear of Resentment
•Unclear as to Authority
Delegation Reluctance
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Problematic Delegation Styles
Procrastination
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Problematic Delegation StylesMicromanagement
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Problematic Delegation Styles
Dump and Run
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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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The Mistake ProcessDelegator
•Private Discussions
•Support with Corrective
Measures
•What is the “Learning”?
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The Mistake ProcessDelegatee
•Confess quickly (if you find the mistake)
•Ask for support where needed
•Create process to avoid similar errors
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MRPC 5.1 Responsibilities Of Partners,Managers, And
Supervisory Lawyers
MRPC 5.2 Responsibilities Of A Subordinate Lawyer
MRPC 5.3 Responsibilities Regarding Nonlawyer Assistants
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The Reality FocusSelf Assessment Tool
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Work/Life Balance
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Take Charge Plan
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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 offer
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“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
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