Ready, Set, Go! Starting a Law Practice · professor of Law Practice Management at the University of Maryland, Francis King Carey School of Law. Michael E. McCabe, Jr. is a patent

Ready, Set, Go! Starting a Law Practice Maryland State Bar Association’s Law Office Management Assistance Saturday, March 4, 2017 8:00 AM – 4:30 PM Conference Center at Sheppard Pratt 6501 N Charles St, Towson, MD 21204

MATERIALS ADDENDUM

3 BRINGING HOME THE BACON: IT’S ALL ABOUT THE CLIENTS 10 clients you want most of all and the 10 things that will lead them to you. Three perspectives will be addressed: Traditional advertising avenues, social media advertising, and building business through pro bono. Kathleen Hyland, Esq., Hyland Law Firm, LLC, Baltimore, MD Michael E. McCabe, Jr. Esq., Funk & Bolton, P.A., Baltimore, MD Thomas Yost, Jr. Esq., The Yost Legal Group, Baltimore, MD Kathleen P. Hyland represents consumers coping with auto fraud, mortgage fraud, debt collection issues, and student loan problems in individual cases and class actions. She has experience representing consumers against banks, debt collectors, student loan companies, loan servicers, mortgage companies, landlords, and many more. Kat is licensed to practice law in Maryland and Pennsylvania. She graduated cum laude from Fordham University with a B.A. in Political Science and Philosophy before earning her Master’s in Public Policy from The Johns Hopkins University, Institute for Policy Studies. Kat graduated cum laude from the University of Maryland School of Law, winning the Community Scholar Award for her work. Kat has also worked as a budget policy analyst for the Maryland State Department of Budget and Management, where she evaluated and recommended funding for capital construction projects and grant and loan programs. She has also worked as a legal fellow for the Baltimore City Law Department and has interned for the New York State Supreme Court, New York State AFL-CIO, Transport Workers Union, AFL-CIO Department for Professional Employees, Legal Momentum, and the Baltimore City Circuit Court. Kat currently serves on the Board of Directors and is Vice President of the Maryland Consumer Rights Coalition, and Board Member of Guidewell Financial Solutions, and is an adjunct professor of Law Practice Management at the University of Maryland, Francis King Carey School of Law. Michael E. McCabe, Jr. is a patent attorney with twenty years of IP litigation, counseling, and law firm risk management experience. Mr. McCabe’s practice focuses on advising and defending patent attorneys and agents, trademark attorneys, and IP law firms in matters relating to ethics, professional responsibility, and attorney suspension and disbarment proceedings before the Office of Enrollment and Discipline (OED) of the USPTO. Mr. McCabe also advises law firms and corporate IP departments on risk management and best practices for avoiding legal malpractice and ethics claims. Mr. McCabe is the creator of IPethics & INsights™, a law blog that covers ethics issues of concern for the IP practitioner. Mr. McCabe is a frequent speaker on topics relating to ethics and malpractice, particularly in the field of patent and trademark law and in matters involving practice before the USPTO. Mr. McCabe is a graduate of the University of Maryland where he earned a B.S. degree in Mechanical Engineering, and he received his J.D. from the University of Baltimore School of Law. Mr. McCabe presently serves as s a guest lecturer on Patent Law at The Johns Hopkins University. Thomas F. Yost, Jr received his J.D. from Delaware Law School in 1986. He is the founder and principal of The Yost Legal Group. He is President of the Maryland Association for Justice. He concentrates his practice on toxic exposure, pharmaceutical liability, medical malpractice and catastrophic injury cases. His firm has represented thousands of plaintiffs over approximately three decades. His public speaking includes presentations on product liability, Frye/Reed, and how to market your law firm. He frequently testifies in pending bills in the State Legislature and has educated federal legislators on tort reform issues. He started mass marketing his law firm on television 20 years ago. He devotes his personal energy to the development and maintenance of The Yost Legal Group brand.

B Y: TO M YO S T, T HE YO S T L E G A L G R O U P

• Proactive marketing plan

• Revise periodically

•Think strategically

• STRENGTHS

• OPPORTUNITIES

• WEAKNESSES

• THREATS

• (1) A counselor may place advertisements with directories, newspapers, periodicals, radio or television stations, or on the internet.

• (2) In placing advertisements or making other types of public statements, a counselor shall identify a counselor's credentials in a manner that is accurate and not false, misleading, deceptive, or fraudulent.

• (3) A counselor may not place advertisements or make public statements that:

• (a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;

• (b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;

• (c) Contain information or facts intended or likely to create false or unjustified expectations of favorable results;

• (d) Misrepresent, either directly or by implication, a counselor's professional qualifications such as education, experience, or areas of competence;

• (e) Misrepresent, either directly or by implication, a counselor's affiliations or the purposes or characteristics of institutions or organizations with which a counselor is affiliated;

• (f) Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or

• (g) Contain representations that a counselor is willing to perform any procedure that is illegal under federal or State laws or regulations.

(4) If advertising on the internet, a counselor shall ensure that the advertisement contains the counselor's name, credentials, and certificate or license number. (5) In advertising products, workshops, or training events, a counselor shall: (a) Comply with this section; and (b) Ensure that the information disclosed is adequate for consumers to make informed choices. (6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.

Md. Code Regs. 10.58.03.07

Maryland

•http://adobe.ly/2duOtJ1

Commercial

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ADVANTAGES

• You can put yourself out there in an area of law as a “specialist.”

DISADVANTAGES

• You might be held to a higher standard of care if sued for Malpractice.

👍👍 👍👍

• You should be able to distill down what your practice is all about in three sentences or less.

• It takes more time than you think.

• It’s a reference point that you can always come back to.

• Approximately 30 seconds

• Best wording

• Have your staff do the elevator talk

• Practice your elevator talk

• STAND OUT

Banner Advertising

Business Card

• Everyone talks to your clients and MUST be trained.

• What to say, what not to say.

• Ethical issues.

• You can take the case if you plan on becoming competent in that area.

• Good idea to partner with another lawyer.

• Referral arrangements.

• Cross-referral agreements.

• Your practice may evolve into other things, PROMOTE ACCORDINGLY.

• Remember: You are ALWAYS selling trust.

• NEVER do anything that might jeopardize your reputation or name.

• Don’t get lost in the weeds.

• Promote CONFIDENCE and TRUST.

• Promote your expertise and experience.

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Commercial

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Thank you.

REPORT #1 ACCOUNTS RECIEV ABLE

REPORT

--Doe, Jane Doe, John Jackson, Michael

The Law Office of Laura E. Burrows, LLC

AJR Aging Summary As of March 31 , 2017

Current 1 - 30 31 - 60 61 - 90

0.00 40.00 0.00 0.00 0.00 250.00 0.00 0.00

0.00 184.00 0.00 0.00 • • • • • • I I • • I • • • • I • • • • • • • • I •

> 90 TOTAL

0.00 0.00

0.00

40.00

250.00

184.00

Page 1

--TOTAL


AIR Aging Summary As of March 31 , 2017

Current 1 - 30 31 - 60 61 - 90 > 90 TOTAL

=..:;O~.OO ______ _ _

-

REPORT #2 RET AINER BALANCE

REPORT

--The Law Office of Laura E. Burrows, LLC

Retainer Balance Report All Transactions

Doe, Jane Doe, John Jackson, Michael

TOTAL

Mar 4, '17

697.50 982.00 652.00

-Page 1

REPORT #3 PROFIT AND LOSS REPORT

--Cash Basis


Profit and Loss Standard January through December 2016

Ordinary Income/Expense

Income

Legal Fee Income

Total Income

Expense

Security Escrow Discrepancy - MUST CL

Private Investigator

Building Repairs & Maintenance

Escrow Correction

Gifts

Payroll Expense

Payroll Processing Fees

Salary Employer Taxes

Total Payroll Expense

Collection Services

IRA Employer Match

Workers Compensation

Transcript Expense

Administrative

Internet Services

Deposition Transaction

Copying Charges

Marketing Expense

Courthouse Copies

Certified Mail

Merchant Services

Courier Service

Other Operating Expenses

Bank Account Interest

Court Costs

Bookkeeping Services

Charitable Contributions

Consulting

Taxes

Parking

Co-counsel

Filing Fees

Process Services

Advertising and Promotion

Jan - Dec '16

- -

-

Page 1

--Cash Basis


Profit and Loss Standard January through December 201 6

Bank Service Charges Dues and Subscriptions

Insurance Expense Interest Expense Meals and Entertainment Miscellaneous Expense Office Supplies Postage and Delivery Professional Fees Rent Expense Telephone & Internet Expense Travel Expense

Utilities

Total Expense

Net Ordinary Income

Other IncomefExpense Other Income

Interest Income

Total Other Income

Other Expense Ask My Accountant

Total Other Expense

Net Other Income

Net Income

Jan - Dec '16

--------•

Page 2

REPORT #4 HOURL Y REPORTS

4:27 PM

01 /18/17


Time by Name January through December 2016

Laura Burrows Doe, Jane Doe, John Jackson, Michael ,

Jan - Dec '16

-9.70

92.70 7.10

-

4:27 PM

01 /18/17



Jan - Dec '16

Page 9

4:27 PM

01 /18/17



Jan · Dec '16

Total Laura Burrows -Page 10

REPORT #5 TOT AL PAID PER CLIENT

--Cash Basis


Sales by Customer Summary January through December 2016

Jan - Dec '16

Page 1

--Cash Basis



Jan · Dec '16

Jackson, Michael 2.268.50

Page 2

---Jan - Dec '16

Page 3

---Jan - Dec '16

Page 4

--Cash Basis



Jan·Oec'16

TOTAL --Page 5

Maintaining your Sanity while Practicing Law

Training Objectives • Identify causes of stress for solo

practitioners

• Learn signs and symptoms of compassion fatigue

• Reframing your thoughts to help manage difficult and demanding clients

• Discover techniques to be more productive

• Learn how the Lawyer Assistance Program can help you

Mental Health Statistics for Lawyers

• Before Law School –– just under 10%

• After Graduation – lawyers are 3.6 times more likely to have depression than the general population

• legal profession ranks fourth in suicide rate

• Male attorneys are 2 times as likely to commit suicide

2016 ABA and Hazelden Betty Ford Foundation release the first national study

on attorney substance use Journal of Addiction Medicine study reports:

• 21 percent of licensed, employed attorneys

qualify as problem drinkers

• 28 percent struggle with some level of depression

• 19 percent demonstrate symptoms of anxiety

• Younger attorneys, in the first 10 years of practice, exhibit the highest incidence of these problems

Breathe

Group Discussion

• Why do lawyers have a higher rate of mental health and substance abuse?

• What are the warning signs?

• How to be proactive?

•Ambitious •Over achievers •Self-critical •A senses of urgency •Perfectionists in almost every aspect of their lives •Competitive •Easily annoyed

•agitation •frustration

•Strive to achieve but often don’t feel any joy in their accomplishments

Traits for a “Type A” Personality

Healthy and Unhealthy Stress

TIME LIMITED CHRONIC

What’s on your plate?

• TOO MUCH!

• Long work hours

• Limited emotional support/isolation

• Day to day administration

• Technology

• Client development and marketing

• How to avoid malpractice and grievances

• Work life balance

• Family/relationship responsibilities

• Expectations of perfection from self and from others

• Conflict between personal beliefs and professional issues

• Client expectations

• Maintain professional demeanor

– Hide emotions

– Tough exterior

– High achievers

• Compassion fatigue

Compassion Fatigue in the Legal Profession

“Compassion fatigue – sometimes known as secondary trauma – has been characterized as

the cumulative physical, emotional and psychological effects of being continually

exposed to traumatic stories or events when working in a helping capacity.”

Begin to lose ability to feel empathy

Causes a trauma reaction

“having nothing left to give”

Burnout

Compassion fatigue has a more narrow focus than burnout, but can lead to burnout

In extreme cases, burnout can lead to serious physical and mental illness

Symptoms of Compassion Fatigue

• Powerlessness, stress, indecisiveness, anxiety and irritability, along with alienation from others

• Chronic physical ailments

• Mentally and physically tired

• Apathy, sad, no longer finds activities pleasurable

• Secretive self-medication/addiction (alcohol, drugs, work, sex, food, gambling, etc.)

• Bottled up emotions

• Disturbing images from cases intrude into thoughts and dreams

• Difficulty concentrating

• Decreased productivity

Reducing your stress and risk of Compassion Fatigue through Self-Care

• Decompress - Give yourself time to recharge

• Improve Balance - look at what is important in your life

• Avoid isolation

• Mindfulness

• Boundaries - If it doesn’t feel right don’t do it

• Speak kindly to yourself

• Take care of yourself

– Rest

– Exercise

– You are what you eat

– Have fun

• Expect to be human

• Live intentionally

• Find non addictive ways to deal with stress

• Learn to say “No”

Take care of yourself first or you will be unable to take

care of anyone else

Understanding your Difficult Clients

• Anger is a secondary emotion

• Understand where your client’s behavior is coming from

• You are not responsible to solve all their problems

• Develop policies and procedures to set boundaries and provide structure

Tips to being More Productive and Reducing Stress in your Solo

Practice

• Create blocks of quiet time

• Pick three things

• Stop multi-tasking

Create Blocks of Quiet Time

• Making this change can have the biggest impact on running a practice

• Helps concentrate without interruptions

• Requires discipline

• Retrain yourself, your staff and your clients

Stop Multi-Tasking

• Is she crazy?

• Try it!

• Focus on one thing at a time

• Be mindful of what you are doing

• Reduces stress and creates calmness

• Allows you to accomplish more

How Can the Lawyer Assistance Program Help

You?

About the Lawyer Assistance Program

• Free

• Confidential

• Counseling Program

• Judges

• Lawyers

• Law Students

• Family Members

Lawyer Assistance Program Services

• Confidential Telephone Access to a Master-Level Clinician • Assessment, Referral and Short-Term Counseling • Intervention • Peer Support Network • Assist Law Students with Bar Question • Structured Cases •Make a referral • Legal Professional 12 Step Support Group

What types of issues does the Lawyer Assistance Program address?

Relationships

Life Changes

Life Challenges

Risks

Spouse

Kids

Boss

Friends

Co-Workers

Clients

Marriage/Divorce

Births/Deaths

Promotions/Retirement

Role changes

Wellness

Financial Concerns

Responsibilities

Work/Life Challenges

Stress

Illness

Parenting

Suicidal Thoughts

Anger Management

Depression

Anxiety

Alcohol/Drug Abuse

Burnout

Confidentiality

The Maryland Lawyers’ Rules of Professional Conduct and

Attorney Trust Accounts 2009

According to Rule 8.3. Reporting Professional Misconduct.

(c) “This Rule does not require disclosure of information

otherwise protected by Rule 1.6 (Confidentiality of

Information) or information gained by a lawyer or judge

while participating in a lawyer or judge assistance or

professional guidance program. ”

How do I contact the Lawyer

Assistance Program?

Jim Quinn, LAP Director

443-703-3041, [email protected]

Lisa Caplan, LCSW-C, LAP Counselor,

443-703-3042, [email protected]

800- 492-1964

mailto:[email protected]

mailto:[email protected]

Work Survival Kit

• Don’t stress over things that you don’t have control over

• Put energy into what is really important to you

• Stay positive by surrounding yourself with positive people

• Laugh

• Take care of yourself

• Remember you are only human

Activity Steps to making healthy changes in your life

• Pick 1 thing you want to change

• Rate on a scale from 0 to 10 how motivated you are to make a change to reduce this stressor

• List reasons to make a change

• List obstacles to making a change

• What is your next step?

Ready, Set, Go! Starting a Law Practice · professor of Law Practice Management at the University of Maryland, Francis King Carey School of Law. Michael E. McCabe, Jr. is a patent

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