INFORMATION FOR SOLE PRACTITIONERS

The many functions and duties of a solo practitioner

2012-01-18T12:25:00.001-05:00

By Bankruptcy Attorney

If you haven't realized yet being solo Attorney involves more than the practice of law. Most solos have a small or no support staff. Even if you are fortunate to have one to two staff members you will still wear more hats than you would like.
As a solo you are:
1. Office manager, including but not limited to scheduling (yours and your staff), reviewing the work of others, putting out occasion office fires (figuratively).
2. Financial Director and responsible for budgeting, bookkeeping, raising capital, managing payroll, slashing costs when necessary.
3. Marketing Director--coming up with creative, new, and continuous ways to market your firm and your services to the public.
4. Customer Service Manager--making sure client relationships are well maintained and that they are satisfied and will return and refer others. It is more cost effective for you to be able to maintain your client base vs. having to seek new clients every year or couple of months.
5. Attorney---drafting the pleadings, meeting with clients, attending court, and makings sure your work product is something that both you and your clients will be satisfied with.

Being solo is no small feat. The skills and knowledge you will gain are invaluable. The headaches and the obstacles will seem monstrous. But if you can overcome the inconsistency between the his and the lows, eventually you will either pave a path down prosperity or use the skills you have garnered into another career or position.

Good Luck Solo!

If you would like to join the solo list serv please follow the link here http://groups.google.com/group/solo-practitioners

THE DIFFICULT CLIENT

2011-10-26T12:25:00.000-04:00

BY BANKRUPTCY ATTORNEY

We have all had to deal with that difficult client who does not return your phone calls, will not provide you information or documents, does not show up to meetings. These type of clients make our jobs a lot harder and more frustrating. If only these clients could realize that they are hurting their own case by acting this way.

Here are some ways you can protect yourself:

If you can collect a substantial retainer upfront. These kind of clients wont return your phone calls under certain circumstances, let alone if they owe you money.
When they are setting the appointment ask for as many documents, things you feel will be necessary for that type of case. Typically flakes will come to the appointment unprepared and unwilling to fill out any forms. This is a red flag that they are lying or have someone to hide.
Be thorough with the questions you ask them during the initial meeting. If they do retain you go over some of these questions to see if their story changes.
They fail to return important phone calls and or emails concerning their case. When a client is playing disappearing acts that either means they are not serious about their case or they are lying about something.
When the client does call or email its for unrelated matters and at awkward times. This type of client expects you to solve all of their problems even the ones outside of the scope. They are expecting something that is truly unrealistic and do not ever feel that you will be able to fully take care of their case in the "best way."

Keep your eyes and ears open. Learn from experience and spot those difficult clients from afar so that you can keep them away and stop them from wasting your time. Good Luck SOLO on your journey.

North Carolina Puts a new spin on the collateral resource Rule

2011-10-25T20:00:00.002-04:00

By Tax Attorney

The basic collateral resource rule allows plaintiffs to receive the full amount of their medical bills from the defendants without discounting the bills with payments from insurance and other resources.

THE NEW LAW

North Carolina House Bill 542, recently signed into law by Governor Bev Purdue, makes several significant changes to North Carolina law. The newly enacted Rule 414 of the North Carolina Rule of Evidence states that evidence of medical expenses is limited to evidence of the amounts actually paid by the PLAINTIFF to satisfy the bills, as well as the amounts actually needed to satisfy any unpaid and outstanding bills.

DISCUSSION

Under this new collateral source rule, if your client has insurance or other means to pay the medical bills, the potential defendant will receive a credit for that against the total medicals. For example if your client’s hospital bill was $5,000 but his/her personal insurance paid $4800 of the bill leaving a balance of only $200, then you will only be able to count the amount that is unpaid in your medicals demand, i.e. $200.

As someone who does not normally take on personal injury claims, I find myself turning down the new cases that may pop up. It simply is not worth it as this point. Insurance companies are tightening their belts and settling for pennies on the dollar, even in cases where their clients are 100% at fault.

So until next time solos Good Luck on your journey!

IRS WITHHOLDING EXEMPTIONS WHAT SHOULD YOU CLAIM?

2011-10-21T08:34:00.001-04:00

People often come into my office once they owe a IRS or the State unpaid taxes and If they are a W2 employees? ... http://p.ost.im/p/erFVHN

Competition and Rivalry

2011-10-06T08:41:00.001-04:00

By Bankruptcy Lawyer

As if being a solo was not hard enough with the stringent rules we have to follow, the client headaches, stressful workdays, income fluctuations but ah-ha we have to at times deal with the condemnation of older practitioners who feel that we do not have our place in "their world."

My experience is similar to that movie "Mean Girls." A group of solos in one particular practice area approached one of the Attorneys I associate with and stated that they were working to run me out because they did not like my fees or my advertising. These older solos have more clients than I do and charge more money. They felt as though I was cutting into their competition. All I can do is laugh. This is so childish that I don't feel that it should be worthy of a post; however, the backlash that i have received while practicing this particular area of law by other Attorneys and court officials has made me think that I am damned if i do and damned if I don't. I have to make a living and need to advertise to get the clients in and I can not justify charging more money than I do because it's simply not feasible for me.

So what do you do when your competition is systematically trying to run you off and file motions against you? and get other Judges and Court officials against you? You throw the wolves a bone. Although I think it was really immature for the wolves in sheep's clothing to not approach me personally, I will give them one concession, which is to not publish my fees. Although the publication of my fees are not against any ethics rules. BUT I will continue to advertise and do what I need to do to get my clients in.

Solos need to stick together and not work to tear each other down.

Good Luck Solo you will need it, there are hungry wolves out there searching for blood!

Rule 11 Sanctions

2011-10-04T08:45:00.003-04:00

By Bankruptcy Lawyer

There is Federal rule which is a little more detailed and each state has their version of the Rule. In a sense it is a rule that provides Sanctions against Attorneys for filing frivolous claims and pleadings. The movant (persons requesting sanctions) must meet the standard and show the court the following:

Either:
"In analyzing whether a pleading, motion, or other paper meets the first certification requirement under Rule 11, the Court “must determine: ‘(1) whether the [party] undertook a reasonable inquiry into the facts and (2) whether the [party], after reviewing the results of his inquiry, reasonably believed that his position was well grounded in fact."Kohler Co. v. McIvor, 177 N.C. App. 396, 402, 628 S.E.2d 817, 822 (2006)

OR

"T]he Rule 11 movant’s subjective belief that a paper has been filed for an improper purpose is immaterial in determining whether an alleged offender’s conduct is sanctionable.” Id. (citing Taylor v. Taylor Prods., Inc., 105 N.C. App. 620, 632, 414 S.E.2d 568, 576–77 (1992))."

Further, a brief is required in North Carolina to accompany the motion laying out the grounds for sanctions.

In Federal Court an addition requirement must be met:
"A motion for sanctions must be made separately from any other motion and must describe the specific conduct that allegedly violates Rule 11(b). The motion must be served under Rule 5, but it must not be filed or be presented to the court if the challenged paper, claim, defense, contention, or denial is withdrawn or appropriately corrected within 21 days after service or within another time the court sets. If warranted, the court may award to the prevailing party the reasonable expenses, including attorney's fees, incurred for the motion."

Please keep in mind it is extreme burden to meet whether you are in state or federal court and should only be used in extreme cases. The court does not favor these motions and more often than not will not award them.

Practice Areas

2011-09-21T08:18:00.001-04:00

By Bankruptcy Attorney

I have been an Attorney for several years and I have gone through several practice areas since opening my own law firm.

I originally had three (3) or so practice areas which i decided i would enter into because they were "hot" at the time.

I recently spoke to a solo who had been practicing for 20 something years and he told me that he had managed to stay alive by changing his practice areas with the times.

Here are my recommendations:

1. Do what interests you, because if you hate what you do it will show.

2. Change and alter an area or two as the market changes.

3. Stay informed. I know CLE is boring, but sometimes it can be extremely helpful. I am constantly updating myself on changes in the law.

4. Have a mentor in your corner for each area of law you practice so that you can pick their brain when you need to. Listservs can be extremely helpful. I head one solo listserv and I am on two others. We freely ask questions and exchange referrals.

5. Market yourself. It does not cost money sometimes to attend networking events or to call up your friends and let them know you are now solo and what you do. Create a website and send out some promotional information.

Good Luck solo, its a competitive market out there!

Practitioner Etiquette : Part 2

2011-09-21T07:58:00.001-04:00

By Charlotte Attorney

Often times we get so caught up trying to defend our clients and put notches under our belt that we forget the other Attorney deserves respect.

Lets face it everyone makes mistakes, lefts face it. Everyone has a law degree and a bar license, which is pretty hard to get. That being said, everyone deserves respect.

Do your best

Follow the local and procedure rules

It's ok to try to frervently represent your client, but do not be rude or disrespectful to another Attorney

Get on the Phone talk to the other Attorney a lot of times things get lost in translation over email and pleadings

Your client has a goal and their client has a goal. Find out what their client's bottom line and what your client's is.

Talk to your client about realistic outcomes and goals.

If opposing counsel and yourself get off to a bad start, try to workout the differences and work together to get the case resolved with ethic rules in mind.

Good Luck Solo hard work is only part of the job, relationships is the other portion!

Unconscionabilty of Law Schools

2011-09-02T07:38:00.000-04:00

By Bankruptcy Attorney

Every year new law schools are springing up and charging high tuition and fees. Why does the ABA allow this to occur? There is a supply/demand imbalance. There are fore more Attorneys than there are jobs and opportunities. The real reason is that Law Schools are businesses and they feed the ABA $ to keep their accreditation.

Take Charlotte School of Law For example. This is one of the most evident cases of greed. Tuition here is somewhere between $22,000-$30,000.00 a year. The received their accreditation sometime in 2008 or 09. It is a Delaware non-profit corporate organization and is run and owed by a series of investment companies in florida! What does this mean? A lot of people are going to lawschool these days thinking that they will get out and be able to get a good job. Good LUCK. Even biglaw attorneys (larger firms) are being laid off and forced to hang their singles and start anew.

So when you sit there and think about your student loan balance and how you will be paying that off for the rest of your life, think well at least i got a law degree! And that's just invaluable isnt?

Our contribution Attorney represents clients in North Carolina with: bankruptcy court, filing for bankruptcy, chapter 7 bankruptcy, foreclosure defense, chapter 13 bankruptcy representation, and loan modifications.

Reinventing the Wheel

2011-08-16T09:07:00.000-04:00

By Traffic Attorney

One thing I have learned over the past couple of years is that as a young Attorney, you have to think of fresh new ideas to market your firm. The days of newspaper ads being the end all be all are over!

These days you have to go to marketing events. Be careful who you give your card to here, they may end up harrassing you for their services.

Advertise on the internet.

Send out newsletters

Give referral incentives.

Print promotional items: shirts, cards, magnets, ect.

Network with other Attorneys who are in different practice areas.

Whatever you do don't give up! Hanging your shingle is no easy task!

Official Google Blog: Calling from Gmail now in 38 languages, with lower rates to over 150 destinations

2011-08-02T16:15:00.000-04:00

Official Google Blog: Calling from Gmail now in 38 languages, with lower rates to over 150 destinations

So you have decided to market yourself on the internet

2011-07-29T11:54:00.000-04:00

By Charlotte Bankruptcy Attorney

In this day in age you better have a website if you want to reach the young technology clientele. Here are some simple tips about start, maintaining a website.

1. If you do purchase a marketing package from the big dogs lawyers.com; or findlaw.com; realize that you are going to paying a lot $$. These companies create hollow websites that are backed by their servers which have high google recognition. What this means is so long as you are with them, your website will be topped ranked and the minute you can not afford to pay for their website servers, your website will fall the bottom of the ranks.

2. If you do decide to go with a web designer make sure you research and look for someone who can not only build your site, but also has a little bit of background in search engine optimization. To at least give your website a fighting chance you need to have some kind of chance to survive. In the world of lawyer's websites only the attorney's with the biggest budgets and the best website teams survive.

3. Find a reputable good web designer. There are lot of people out there calling themselves "web designers" these days and they will take your money and fade to black. There is no regulation of web designers nor is any training necessary. Anyone can say they are a designer and advertise their services.

Here are some dos and don't dos regarding finding a designer
1. Read up on website design and get some background knowledge about what is you want to do with your site.

2. Finding the designer: I personally think that the number one thing to investigate is your prospective website designers ranking in google. A business website needs to rank extremely well to an effective marketing tool. If you know someone who has a website that you like, ask them for a referral. I have had no successful finding reputable people on craigslist, but you may find someone good on sites like guru or freelance.

2. Ask each designer for references. Be careful about this, lots of designers will do some websites for free to get business and have family and friends vouch for them. Also some people will charge you to do the work and often contract with freelancers to do the work. This will cost you more money.

3. Request several quotes and make sure the quotes entail what the designer will do: i.e. design, seo (keyword, title, install widgets to your site, ect). Review the quotes and the cheapest designer may not be the best, look at his portfolio.

4. Make sure you clearly define what you want the website to contain. What this means is that you will most likely have to write most of the content yourself that you want to appear on your website. Usually designers charge extra if they have to find a content writer to fill in the pages of your website. Basic Pages should be your home page, contact page, a few content pages, with your practice areas and background information on you as an attorney.

5. Send your designer examples of websites that catch your attention. Also google a few sites in your practice area to see what their sites contain and look like. By no means am i telling you to commit plagiarism.

Good luck on your quest to build your website dreams,

Sincerely,

Bankruptcy Attorney

Overcoming obstacles as a Solo

2011-07-13T10:28:00.000-04:00

Posted by Bankruptcy Attorney

As if being a solo is not hard enough, but when you add being 1) young, 2) a woman, 3) and minority, things start to become complicated.

On a daily basis I admonished, questioned, by older white male solos who see me as inexperienced, inept, and inferior. I am by no means crying or calling every male white Attorney racist. I am merely stating fact that I am treated differently by the Attorneys I come in contact with on my opposing matters.

I am as respectful as I can be to my peers and colleagues. In my eyes I went to law school and passed the same bar exam as they did. I am not sure if this static is intimidate me or just out of pure ignorance. Either way, I find that following the rules, responding to only those things that require my response, and finding peace with the fact that these individuals ultimately can not value the quality of my work or define me as an Attorney or person a good way to deal with the mud slinging.

confessions of solo.......................

Woe's of a young solo

2011-06-15T06:48:00.000-04:00

by Traffic Attorney

Often times when you are a young solo (less than 5 years of practice) older solos do one of two things: 1. take you in and show you the ropes or 2. intimidate and bully you.

If the older solo is on the opposing side, more than likely its #2 that you will be experiencing. This bullying effects the outcome of your case, your stress level, and sometimes your confidence. Let me give you an example.

I was recently working on a domestic case where my client was the Plaintiff and was suing her child's father for custody and support. Nearly, four months into the case the Defendant hired Attorney X who has been practicing longer than I have been alive. Attorney X then proceed to delay further court proceedings by continuing dates. In addition, Attorney X didnt provide me discovery in a timely fashion as I had done on his requests. I mistakenly trusted Attorney X to place the case on the trial calendar and then learned that the kept on the administrative calendar in order to delay further. Attorney X did untimely served his subpoenas for his witnesses only two days before trial. At the hearing the Judge awarded joint custody to the parties and provided a date for the order to be entered. Opposing counsel submitted a draft of the order and I in return submitted some changes to the order to opposing counsel nearly thirty days before the entry of the order date. Opposing counsel was at his home in Costa Rica on the entry date so I had the order entered and signed by the judge. Attorney X was furious because he said I hadn't consulted with him to make sure the order should have been entered. Attorney X had plenty of opportunity to review the revised order and did not. He saw me in court on another matter, and yelled at me in front of other attorneys and a Judge and demanded I had the order vacated. Initially i agreed, but then i stood my ground and refused. The Judge that entered the order agreed with me. The moral of the story is that your job as an Attorney is to represent your client and their interests and not to serve the interests and the ego of some old fart Attorney who is used to bullying others to get their way.

Keep on pushing Solo you are coming into your own and soon your woes will turn into positives.!

BEWARE OF THE CRYING CLIENT

2011-06-01T19:14:00.000-04:00

BY Charlotte Attorney

If you have been practicing a few years, I am sure you have a few war stories and have been burned by a client or two.

Here is a scenario for you: Client A came in regarding a divorce case. Her husband had filed for custody and she wanted to sue for custody/child support of their teenage child; distribution of the marital assets; and for alimony. In the middle of the consultation, Client A began crying and I offered her a tissue. She explained that she worked part-time and needed a reasonable retainer, which most of my retainers are. I felt sorry for client A and reduced the upfront retainer required to commence her case, although my hourly rate remained the same. Client A agreed to the arrangement and promptly signed the retainer agreement and paid the first deposit. Weeks went by Client A's retainer was used up and had a balance. Client paid partial payment on the balance and I continued to work away and this occurred another month and again client A made a small payment toward balance. Client A's case was in the pretrial stage and I had spoken to the opposing party regarding settlement. I drew up a settlement agreement and Client A stated she did not want to settle and wanted to know how much it would be to continue litigation. I pointed out to Client A that the opposing party was going to agree to pretty much what a Judge award and that she had an unpaid balance with my office. I ended up withdrawing from the case. You say why would a Client that owes you money want to incur more fees, when her current fees are unpaid? Consequences, she did not have any. I continued to work on account that was in the red for weeks. So in the client's mind, I was writing off my time. For all intense purposes I was. Clients must realize that you are professional and your time is valuable. Remind them that you will not be able to continue to represent them if their account remains unpaid. In my four, almost five years of experience the crying client is the most irrational, unreasonable, and least willing to pay for your time!

Here are some tips when Client A comes in the door crying:

Offer them a tissue AND
Provide them with a realistic expectation of facts and possible outcome of their case AND
Offer them a dose of harsher reality by explaining that Legal services are not free and they will need to pay your fees upfront and or when they come due. I recommend getting all of your fees if not the majority from the crying client because they tend to be emotional and will email/call you on impulse and incur more legal fees overtime than a more rational client will.

Attorney Maxwell practices Bankruptcy, Divorce, and Traffic Law in Charlotte North Carolina.

DOWNTOWN AS A SOLO

2011-03-23T09:12:00.000-04:00

BY Bankruptcy Lawyer

Downtown for many Attorney's (particularly solos) can be a stressful time. Particularly if you are worried about overhead, salaries, and your own personal expenses.

Here are some things I focus on when I have some downtown and things have slowed a bit:

I take a look at my cases and clients and see which files need to be closed out
Research and Reevaluate my current marketing strategy and revamp it
Set some new goals for the remainder of the year as well as next
Meet with other colleagues and catch up, discuss their different marketing strategies
Evaluate my staff and provide some kind of review
Readjust office hours
Send former clients media about my current promotions and services
Contact other businesses to see if relationships can be formed
Take care of any personal issues i may have: doctor appointments, calls, ect
Take a look at my budget and adjust as necessary

As always good Luck in Solo World~!

Seven Ways to Market to the Wealthy

2011-01-31T18:47:00.000-05:00

by Suzane Muusers

posted by Charlotte Attorney

Wouldn’t it be nice to make over your business so that you are attracting wealthy clients who willingly pay your fees, refer you to other wealthy clients, and sing your praises to friends and associates?

This article focuses on the top five industries that benefit from targeting the wealthy, seven ways to market to the wealthy, and how you can change your thinking to attract wealthy clients.

You may want to review the companion article Attracting Wealthy Clients where we covered who are the wealthy, the difference between wealthy and affluent, the main concerns of the wealthy, and what the wealthy want.

Top five industries that benefit from targeting the wealthy and affluent

Financial services, estate planning – the wealthy have complicated lives that need managing and planning
Luxury travel – the wealthy want options that take care of all the details and they are willing to pay for it
Luxury gifts – despite having the internet to peruse, finding good quality goods is not so simple
Real estate – 40% of the wealthy plan to purchase a second or third home in the next five years
Home design, remodeling, and furnishings – since they need two or more of everything, they spend to acquire more things

Seven Ways to Market to the Wealthy

Use the correct language in your marketing. Don’t refer to the wealthy as retirees. They have redefined how they spend their time and many don’t plan to retire at age 60. Their idea of retirement is to do something meaningful with their lives well into their 70’s and above.
Use images of vital, healthy, adult people in your marketing. The wealthy don’t want to be catered to by twenty-something’s in skimpy outfits. Your front office employees should mirror the active demographics of your target client.
Be an absolute expert at what you do. The wealthy don’t want to waste money on inexperience. Certifications and credentials are a plus. Be an expert at travel. An expert at financial planning. An expert in wine knowledge. An expert in the latest dental procedures. An expert at saving clients’ money on taxes. Own your expertise and don’t be afraid to say it!
Offer a money back guarantee. The wealthy want assurances that you offer the best product or service for the money. They don’t want to be taken advantage of. Most will not take advantage of the money back guarantee, but will feel assurance from the offer.
Present yourself and your business appropriately. Have a top notch brand that’s well designed and positioned. Come on, admit it – you know when you see a quality brand. It makes an impression on you, whether consciously or subconsciously. Quality pays. Period. So be ready to invest in your brand. I highly recommend the services of Art Guy Creative | Web Design | Branding.
Make sure your brand communicates a major benefit. If it’s not obvious, you are not doing your job. Set your business apart by using your brand to give wealthy clients a vision of the future if they chose you.
Offer concierge style options for the affluent. Many wealthy clients want privilege or options that others don’t have. Private membership with a limited number of members and luxury benefits and special programs designed for them will position you as the right choice.

How can you change your thinking to attract wealthy clients?

Use your website effectively and reach out to clients via your company’s website. Make sure you are crystal clear about what you want clients to do when they get to your website. Build your list and optimize your site for the search engines. Keep in touch with your clients regularly via an ezine delivered electronically. It doesn’t matter what business you are in, you can use a website effectively.

Think globally. We are an international culture that is on the move. Americans move every five years. There may not be hoards of wealthy folk where you live, but with the internet you can reach prospects all over the nation.

Upgrade your business and you will upgrade your clients. Template business cards and websites will only get you so far. Upgrade your image and you will automatically upgrade the quality of clients you attract.

Upgrade your thinking. The wealthy are just like you and me. They are humans with busy lives and they need your products and services. Just because you have never targeted them before doesn’t mean that they don’t need you. Work on yourself and your self esteem. Work on your expertise so that you can move easily in their circles.

Be willing to spend more to attract quality clients. Wealthy clients didn’t become wealthy by taking short cuts in business. Know the value of being open to market and advertise where you will reach quality clients. You may need to invest time and money in marketing, materials, events, reports, technology, and image.

Be willing to do the work. There is no easy answer. There is no magic bullet. If you want to play with the big boys, you must be willing to do the work. In the early days of my coaching business I took on clients without realizing that they were hiring me to give them the one magic marketing technique that would solve all their problems. There is work to do folks. If a successful business was easy to achieve everyone would be in business for themselves.

Create a special referral program just for the affluent. At this level of clientele, you must coddle your clients. Make a BIG fuss when you receive a referral from an affluent client. You must create and manage a SYSTEM that measures referrals. Do you know how many referrals you have received year to date? If you don’t, you are not measuring adequately. Your system should tell you how many referrals per month and year and who they were from. You should have frank discussions with your clients about the type of person you would like to be referred to and you must figure out how you can get more referrals from those not giving them to you already.

Conclusion: It’s far easier to grow a successful business by targeting the higher end of the market rather than dealing with difficult consumers who care mostly about price. While your competitors are rolling around on the floor picking up pennies, make sure you are positioned for fabulous success in business by creating a new strategy that will target the upper end of the market. It’s worth it!

Tips for Volunteers Representing Low-Income Clients

2011-01-23T14:53:00.000-05:00

posted by charlotte bankruptcy attorney
By Theodore O. Fillette, III
Legal Aid of North Carolina, Inc.
July 6, 2007
This essay is primarily for new pro bono attorneys. It is based upon my experience
representing very low-income people and working with volunteer attorneys for many years.
Some advocates for low-income people wish, consciously or not, their clients to be
virtual “Cinderellas”: hard-working, humble, candid, conscientious, and victimized by a wicked
stepmother or other evildoer. I believe that all the Cinderellas have already retained Perry
Mason or other T.V. attorneys.

The rest of us should heed the words of a veteran pro bono lawyer and former president
of the Mecklenburg County Bar who has introduced pro bono service to new volunteers with this
admonition:
“When clients retain us with a check, we are willing to accept their ‘warts’
and help find ways to compensate for those flaws. We owe pro bono
clients the same consideration.”
There are no clients with perfect memory, judgment, record-keeping, morals or manners. If there
were, they would not need us.

The general reality is that indigent clients often suffer from multiple challenges. Their
lack of expendable funds affects their health care, transportation, maintaining employment,
keeping records, and other basic functions we take for granted. Many low-income folks have
little or poor education. Many suffer from addictions and/or mental illnesses. Many experienced
or continue to suffer from domestic violence or neglect that leaves them with various physical
and emotional scars. In other words, their lives will be dysfunctional in varying degrees, and
many aspects of those problems will make it more difficult to assist them.

Here are some tips for helping the advocate identify some of these challenges and
overcome them. You have to build trust early. Start by telling the client that you want to help.

Do not begin with 10 questions about their background. As soon as possible, you should
distinguish yourself from other authority figures such as teachers and social workers that clients
may have experienced as judgmental and critical of their behavior.
There are many issues regarding communication. Give the clients a card and find out
immediately how they best communicate. They may not read well. They may not initiate
communication at all. Some folks who have not had lawyers think that lawyers will just
magically show up in court and fix the problem. Explain how you will need to learn the facts
and prepare for trial. Encourage them to report changed circumstances. Return their calls
quickly or have others do so. This will create confidence that you really do care about their
problem.
Listen carefully to the client’s stated goals. If they sound unrealistic or abstract (“I just
want justice”), help them identify concrete goals. Don’t be afraid to educate the client on other
objectives and legal rights that might help them, especially if their stated goals are not very
feasible. Help the client get a broad understanding of their legal context.
As soon as it is feasible, try to understand the larger reality of the client’s family. This
includes their financial circumstances. It includes any particular problems of health or
environmental hazards. It includes knowing who is in the household. If you will probably
litigate over the conditions in the client’s home, visit the dwelling as soon as possible.
It may also help to identify other helpers in the lives of the clients. Sometimes these are
relatives. Sometimes they are social workers or neighbors. Find out who might provide
transportation to hearings and child care on the day of trial.
After you have covered these bases and you are getting focused on preparation for a
hearing, do not be afraid to explore key issues of credibility. Anticipate what your opponent will
discover. Check the criminal records of the members of the household. Review the civil index
for previous lawsuits. When you have learned of potential problems regarding credibility, raise
them by saying to the client: “The other side’s lawyer may ask you about this.”
When it comes to potential settlement negotiations, many low-income clients appear to
fall at the extremes of a wide spectrum. Unfortunately, some of the most sympathetic and
deserving clients will be tempted to take an offer of a nominal amount. At the other end, those
clients with the biggest faults and least merit seem to think that their claims have to be worth a
million dollars. In order to orient your client to a realistic settlement range, focus the client’s
attention on the decision maker and the elements of proof required. Do not let the client think
that he or she is arguing with you about the value of their case. Continue to focus on who you
must persuade on the value of the claims. Help the client focus on his or her real goals. Help the
client understand the competing interests of the opponent. Give the client a realistic sense of
what the decision maker is willing to deliver.
When it is time to prepare for a hearing, pay attention to the logistical details that will
enable your client able to participate in the hearing effectively. Talk about what is appropriate
dress. Make sure the client has adequate day care and will not bring small children to a hearing.
Make sure that they have transportation to your office or to the hearing. Explain the importance
of arriving on time.
Finally, never miss the opportunity to recognize your clients’ contributions to the effort.
Praise them for locating the witnesses and exhibits. Appreciate their securing day care for the
trial date. Compliment their Sunday dress. Recognize their courage. Their ordeal may be a
turning point in their lives. And yours.

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Rules of Business Referrals /Etiquette

2010-12-14T12:30:00.000-05:00

Posted/Additions by Charlotte North Carolina Attorney
By David A. Goldsmith
One of the key roles of management is to build business through relationships. A common way to build relationships is through referrals: with, for and through banks, attorneys, employees, peers, and anyone else who has something that someone else wants or needs. The better you are at managing the referral, the better off you and those in your organization will be. Unfortunately, even though most referrals start with good intentions, they're conducted haphazardly and don't yield the results people expect. It's often the reason that referrals are not offered. Who wants to be burned? The tips in this article should help you control the outcomes and get what you want.
Everyone has been embarrassed by their association with another person at one time or another. How about that cousin you wouldn't want anyone to know about? But what happens when the embarrassment happens in a business situation: more specifically, when you refer one person to another and one of those parties is unprofessional or just plain screws up? Making a bad connection could cost you money or something more valuable and much harder to recoup--your reputation.
We once stepped into an awkward situation when we referred a business peer, seeking a specific product, to one of our clients, who just so happened to offer that very product. We thought we were doing a good thing, a win-win-win thing...until we received a phone call from our client explaining that the referred person made a vulgar offer to a woman on the client's staff when she said she couldn't go any lower on her price. We were shocked. Our client ended the conversation with, "I'm not sure what to do, but what he [the business peer] did was disrespectful to my staff and to you. I'm going to let you handle this." The outcome was hardly the one we were shooting for. All we could do was apologize and hope our reputation didn't take too big a hit.
The referral is part of Business 101, and it's a valuable way to extend your business connections. Typical referrals involve three parties: the person who wants something, the person who has something to give, and the person who connects the two. Sounds simple and clean...but as our bad experience shows, sometimes things get messy. So what can you do to facilitate successful referrals? That depends on which of the three roles you're playing. Here they are.
The person who wants something. If someone connects you to another party, remember to:
1. ...respect relationships that others have developed. Consider it your way of saying "thanks" to the person who made the connection.
2. ...stay professional and avoid being too casual or friendly. A referral ONLY opens a door of opportunity. You're still responsible for building your own relationship.
3. ...conduct yourself in a way that honors the "referrer." Your actions represent yourself AND the person who gave you the referral.
4. ...leave foul language at the door. Everyone has a different tolerance point.
5. ...keep ethics above board. To do so will net you a double win. To fail will curse you with a double loss at the very least. Good news travels; bad news travels faster.
6. ...check the ego. Don't believe that your credentials, awards, accomplishments and the referral impress everyone so much that you can leave your manners at the door.
The person who has something to give. If someone sends business your way, make sure you:
1. ...deliver what you promise, and promise only what you KNOW you can deliver. If you find that you can't help out, be honest about it and say thank you.
2. ...make good on any mistakes that occur. People understand that errors happen. Keep both of the other two parties' interests in mind when taking responsibility for those errors.
3. ...if you want to keep the referral business pouring in, make sure you meet or exceed the expectations of the person doing the referring. Hint: they're expecting you to make them look good.
4. ...never "bad mouth" the person who referred the business or the one providing the service. What you say will almost surely get back to them.
The person who connects the two. Before you connect one person to another, make sure you:
1. ...know whom you're dealing with. Only connect people who will show you in a good light...that goes for the person who wants something as well as the one who has something to give.
2. ...aren't connecting people for the soul purpose of getting reciprocal referrals. A client in Boston complained about giving out referrals but rarely getting them in return. Instead of expecting referrals, he learned that the real value came back to him in the form of strengthened business relationships with others.
3. ...kick off the transaction in a professional fashion. Whether by telephone, email, or in person, set a tone of respect by introducing each person as a respected professional.
4. ...butt out when you see the relationship blossom. Chalk up the connection as another success and move on.
Referral etiquette is basically pretty simple. Behave yourself, respect others, and do the right thing. Then make sure you deal only with those who do the same. The combination is a winning formula for building new business relationships and strengthening old ones.

I would like to add:
5. As the referrer Do not discuss pricing (of someone else's services) with a potential referral
6. If you refer friends and family do not infer that the services (provided) by someone else will be free. In fact you should do the exact opposite.
7. Do not provide the referral with the person's cell phone unless they give you explicit consent to do so. It is best to use their office number and or email (as preferred to the referee)
8. Do not refer someone you know will not be able to pay or retain the service of the referee.
9. Do not refer someone who you yourself would not provide services (someone you know is either crazy, has issues paying, will cause the referee a lot of problems in the end).
10. Treat the referee with respect and do not suggest that they modify their prices or services. If you are not trusting of the referee or don't believe in their services, simply do not refer clients to them!

26 Things to Do When Business is Slow and in Downtime Mode

2010-12-09T09:34:00.000-05:00

Posted by North Carolina Bankruptcy Attorney
by Allfreelancers
Freelancers are in a great position in that they have the freedom to work when they want to and they have the choice to take a vacation whenever they are in the mood. With that said, some freelancers are anxious to work day in and day out which may present a problem for them when business is slow. However, there are many things which freelancers can do to bide their time while waiting for new work to come in.
Brainstorm and Doodle
Perhaps one of the most constructive things which freelancers can do while business is slow is to brainstorm. How often do we have a free block of time to just sit there and think? Think about what your goals are for the following year. What will you need to do to meet or beat those goals?
Search for New Jobs
Perhaps one of the most constructive things which freelancers can do while business is slow is to search for new jobs. Depending on the type of freelance work one pursues, this can involve cold calls, searching the Internet for job opportunities, handing out flyers, putting advertisements in the paper or using one’s contacts to expand their client base. No matter what the desired route in the pursuit of jobs may be, searching for new jobs is a great way to spend your down time when business is slow.
Organize Your Home Office
Another way to keep yourself busy when business is slow is to organize your home office. Since there is often little time to do so when the days are busy and work is flowing in, tidying up the home office is always a wonderful way to spend your off days. This may involve anything from organizing files and contact lists to purchasing new home office equipment. Whatever it may be, use the time when business is slow to get things in order within your home office setting. Go through all the useless piles of papers, magazines, and other junk that have been getting in your way for as long as you can remember, and get rid of them once and for all. Remember the this organizational mantra: Do it, Ditch it or Delegate it. Your goal is to reorganize your office in a manner that will allow you to find what you need in 60 seconds or less. This will optimize your time when work starts pouring back in.
Get a Head Start on Your Taxes
Quarterly taxes are never too far away. There is no time like the present to get ready for tax season. Use this free time to prepare your tax files so that you can get taxes down it a snap when tax time pops up out of nowhere (as it always does). Some things that you can do are:

Make sure your books are up to date.
Go through your expense receipts and categorize them.
Estimate your last tax payment for the current year.
Put all digital receipts in a digital folder.
Make sure all of your payers have your correct information for when they send out 1099s.

Good Will Towards All Clients
Use this extra time on your hands as an excuse to be nice to your past clients and potential clients (companies who almost used your services). If you are out of work around the holidays, send out a holiday card to them (nondenominational card as to not offend them). Even if it isn’t around the holidays, you can still take the time to write a personal note to your client (preferably snail mail) in which you thank them for using your services. You can also include a coupon, certificate, or freebie in the envelope. This is a good way to just place yourself in their mind. This way if they do need some work done, they will hopefully hire you to complete it.
Add Services Depending on Your Clients’ Needs
During slow business times, you should focus your attention to new ways to make money for your business. This might mean that you learn a new skill or that you start doing work that you don’t necessarily enjoy. Once you get your feet back on the ground, you can change your direction and outsource this extra work. But for right now, you need some work and beggers can’t be choosers.
Just think about all the business that you are throwing away. Lets say that you are a web designer. Someone who needs a web site might need a web designer, logo designer, writer, web developer, a hosting company, etc. Maybe you are an excellent writer and fantastic at logo design. Why are you throwing away this business? Most server companies offer reseller hosting accounts. This means that you can sell hosting accounts. Look into this and see if you can get some extra work out of it.
Lets say that you don’t have the skills or talent to offer those extra services. Well, then I suggest that you join up with some other freelancers who do have these talents. You offer to share your extra work with them that is in their career field if in return they throw business over your way. Networking is the key to the game.
Start Selling Products
I know. I know. You might think that I am pushing it past your boundaries with this idea. But, really, I am not. You are an expert in your career field, aren’t you? Some ideas for products are to create an online course or to write an e-book for Your career field.
If You Don’t Have a Website, Create One
Your best self promotional tool is the Internet. If you don’t have a web site, then you need to find out how to create one or who to hire to create one for you. If you can’t afford a website designer, then I suggest using a web template. Templates range from free to very expensive, so shop wisely. If you don’t feel that you can handle a web site, then you might be able to get away with just having a blog. You would do much better with your own domain (for SEO purposes), but if you can’t handle this than you should pick up a Blogger or WordPress account.
Create a Blog
A blog is just as important as a web site and can be used as your web site if you want. My personal opinion is that a blog is the best marketing item that you can use. Why?

Blogs get picked up by search engines almost immediately.
RSS readers also pick up blogs.
You can ping sites to tell them to pick up your blog.
Content can be syndicated and shown all over the web.
People can subscribe to your blog.
People can comment on each article.
You don’t need to know HTML or how to code.
Metatags are updated automatically.
Trackbacks (When you link to another blog, they automatically link back to you).

Create a Form Letter for Potential Customers
Now is a good time to work on a letter that you can send out to potential customers. This letter isn’t to be sent out to random people, rather people that you almost made a sale with. This letter will remind them that you are available for work and is simply being sent to see I they are ready to make their decision. A sample letter would be:
Dear Sam (if you are on a first name basis),
It was so nice speaking with you in December. I hope that you had a nice holiday season and that life is treating you well. I am just writing to see if you had started the big project that we spoke of. As you already know, I have 20 years experience working with publication companies, and I know that I could help you achieve your goal within your budget. If you are ready to start your project, I am available for a free hour consultation. Call me any time, day or night.
Ps. I have included our e-zine. I hope you enjoy it.
Sincerely,
Rachel Goldstein
AllFreelance.com
999-999-9999
Review Your Marketing Materials.
You should stop to analyze why you aren’t busy with projects. Now is a good time as any to set some time aside to review your marketing materials. Is the design too flashy or outdated? Was your design created with MS Word and printed out on your home printer? If so, I suggest that you have your marketing materials printed out professionally. You will find an increase in business if you step up and have your brochures, business cards, etc. printed out by a commercial printer. You should also look at the copy on your marketing materials. Show your brochure and other marketing materials to family and friends to see what they think. If you have enough money, have a professional copywriter rewrite your copy.
Rethink Your Business and Marketing Plan
Revisiting your business and marketing plan is always tedious and something that you probably aren’t going to be too excited about doing. However, if business is slow, you might be going through a slump because the market has changed. Another possibility is that your business focus has changed without you even realizing it. Take the time to analyze your marketing and business plan and hopefully something good will come out of it.
Review and Update Your Website or Blog
If you already have a website or blog, then take some time to update the design and copy on the web site. Make sure there aren’t any typos and that your marketing copy is working for you and your business. If you need to, consider hiring a professional copywriter and / or web designer.
Take the Time to Learn Something.
As a freelancer, you are supposed to be an expert in your field. With an overbooked schedule, you probably haven’t had the time to keep up with new standards in your industry (especially if you are in a technical field). Now is the best time to jump back into school. There are plenty of online courses that you can take or you can take a course at your local community college. Just remember that you will most likely get a client (or two or three) before you are finished taking your course, so I don’t recommend taking more than one course at a time. However, if you can find short classes or classes that you can finish at your own pace, then you can take as many as you please.
Work on Your Financial Records
If you are anything like me, then you put off your bookkeeping tasks until the last minute. Now is the time to work on this tedious task. Find all of your receipts, credit card statements, and bank account statements. Get to work placing all of your revenue and expenses into your bookkeeping system.
Write Articles
As a freelancer, I am sure that you are always looking for ways to promote yourself and your business for free. Well, the best way to do this is to get your name out on the web by writing articles and submitting them to article banks and sites that accept submissions. You can increase your visibility drastically by just submitting one article. However, I recommend writing many quality articles to show your expertise in your field. Make sure that you are referenced in these articles. Something like this works best:
John Smith
Fake Company
Expert Web Designer
http://www.fake-company.com/
fake-company@server.com
Some web sites won’t let you have all of this information written as a signature on the article, but they will let you have a summarized version. If not, at least insist on your name and website address being added to the article. In order to utilize this idea to promote yourself with this viral marketing technique, bookmark this page full of article banks and article submission sites so that you will know who accepts articles.
Copy Paper Items into Digitized Format
Do you have a rolodex that is busting at its’ seams? Do you have phone numbers all over pieces of paper and sticky notes covering your desk? Are you a chronic note taker (but on paper)? Now is a great time to put your paper items into digital format. You might want to consider getting a PDA or an iPhone to reduce your paper clutter.
Look for Ways to Cut Costs
Now that you have some free time on your hands, you can take the extra time to research more economical options to your business practices. Some things that you can take a look at are:

Look at other Internet Service Providers in your area to make sure that there isn’t a plan available from another company that better suits your needs and your pockets.
Look at your telephone plan. I pay a ton less, now that I use my cable company as my phone plan. They gave me a low price for TV cable, phone service, and cable modem service.
Don’t forget about your cell phone plan. Are there lower plans out there?
Office supplies costs much less online because you can sort by lowest price. And I love that Staples ships for free.
You can buy toner and ink to refill your printer cartridges. This is much cheaper than buying new cartridges and much better for the environment.

Survey Your Clients and Potential Clients
How else are you to know what your clients want unless you ask them? Write up a survey. Start by asking them how they would want to keep in touch and work your way up to what additional services can they could use? Also ask about how satisfied they have been with your services and how you could have improved. Keep it brief and make it easy to respond. You should offer those who fill out the survey in full a discount on one future order, a free gift, or a gift certificate to a business like Amazon.com or other store. You’ll learn some very valuable information on how to adjust your business offerings or operations to keep — and maybe even gain — customers. Then you can compile all of the questions and answers. You can use these questions and answers on your web site.
You can also ask your clients what questions they would want answered. These would be questions that probably most potential clients would want to know to. You could answer your clients’ questions and then also use your answer as an article for your newsletter, blog, or web site.
Brainstorm Ways to Obtain New Clients
In addition to searching for new jobs, freelancers should also take this slow business period to brainstorm about ways to gain the most amount of new clients in a short period of time. This may involve reconsidering one’s advertising methods, checking the available finances to see what resources they can use to gain more clients through advertising and looking over the current offerings to see if the business can offer more valuable services.
Network and Make Business Connections
This is the best time to make more connections for your business. This can take the form of exchanging links, posting on forums, joining community sites, posting your articles to article banks, using social networking sites, etc. Here is an article I wrote on Successful Viral Marketing. It is a must-read article if you are interested in viral marketing and networking successfully.
Make Money on the Side
There are plenty of ways to make money both online and offline. A few ways to do this are:

Write articles for sites that pay for them.
Sell used things on eBay for a profit.
Fill out surveys for money.
Place Google Ads on your website or blog.
Place affiliate marketing ads on your website or blog.
Sell products on CafePress by coming up with unique items.
Take pictures and sell them to Stock Photography sites.
Here are ideas for web designers and graphic designers.
Blog daily and put Google Ads on your blog”¦believe me the money will come in.

Take a Vacation with the Family
Since many freelancers work seven days a week, vacations are usually few and far between. When business is slow, this is the optimal time to get away for a little while and reconnect with the family. Since freelancers are never too far from their “office” as they usually work out of their home, getting away from it all in the way of a vacation is the perfect thing to do. Due to the fact that business is slow, there are no excuses with regard to being unable to get away from the office for a vacation.
Take the Time to Have Some Fun
If you don’t have the time or cash for a vacation, then at least allow yourself to have a little break from work. Use this free time to take a walk, go to the park, walk around in the mall, go out with some friends, go to the spa, or whatever floats your boat. Soon you will have more work than you can handle, so why not take advantage of this free time.
Take Care of Household Duties
For those who do freelance work out of their homes, it is often easy to overlook household duties and tasks, especially in the height of the work season. During the time when business is slow, use this time to take care of household duties whether it be something as simple as cleaning the bathrooms to something more extreme such as cleaning out the garage.

It's Not Easy Being Green

2010-09-14T14:25:00.000-04:00

By Charlotte North Carolina Attorney

There many ways in which I feel you as a business and or law firm can go green

For instance The Federal Courts in North Carolina are paperless and require electronic filing. It is my hope that the state courts in North Carolina will follow suit.
We send clients information and documentation via email. This serves a dual purpose: A. It ensures prompt receipt of the information. B. The information is easily stored by our firm and the client. C. Email is more secure D. It cuts down on the costs that we have to pass down to clients for mail, paper, copying. E. Its eco-friendly because we are not using paper, postage, and other items that is harmful to the earth.
If you have old paper files, scan them into electronic files and put them on your system.
Record notes and information on the computer and back them up on a hard drive and other medium.
Create a recycling bin for your office use to place all recyclable items, separate and apart from the trash.

Attorney Maxwell Practices law in Charlotte and Concord North Carolina. She practices Bankruptcy, Family Law, Business, and Traffic Law.

Special thanks to Chirnese L Liverpool, who practices Bankruptcy in S. California.

Dealing with the Most Difficult Clients

2010-08-24T14:23:00.000-04:00

Dealing with the Most Difficult Clients

by Joseph Shaub

posted by LA Bankruptcy Attorney

You should have heard those faint alarms going off after the first half hour of Susan’s initial consultation. You were her second lawyer (and you’re aware of the “Don’t Be the Third Lawyer” rule), and she was extremely critical of the handling of the case by her prior attorney. You’d never dealt with him so you didn’t have a frame of reference. Yet, as Susan continued to tell her story, she seemed to vilify everyone who had been involved in the case. The father of her three children was “abusive” and she was afraid of him; she had been in therapy for a while, but that ended in dissatisfaction with the counselor’s lack of empathy; Susan was concerned that the parenting evaluator was biased. She came across as an intelligent, charming woman. Every concern she had was entirely plausible. It wasn’t until you had invested thousands of dollars of energy and time into the case, and at times felt compelled to tell Susan things she didn’t want to hear, that she suddenly turned on you with all of the venom that she had previously held for her husband. As it happened, you became the second of four attorneys and you are left with a receivable which you aren’t eager to pursue, given Susan’s penchant for accusation and conflict.

Or perhaps you have had clients like John, a successful businessman who is inclined to dismiss your advice whenever offered. He came to you because he had heard that you were an excellent attorney (even the best in a particular field) and he is enraged when the temporary orders fail to grant him 100 percent of the relief he has sought. He is estranged from his wife (of course) and his teen-age children. He is invariably rude to your staff and very demanding of your time. He insists on being treated like a “special client.”

Leon is another kind of client that some have endured. He is extremely attractive and charming. Your first impression is quite positive and you actually feel some sympathy for his statements that his wife is trying to cheat him. He can’t pay the full advance fee deposit you seek because he has a deal that is closing in three weeks and he desperately needs some work done on his case immediately. You take him on as a client because, frankly, you like him and he seems very forthcoming. As you get more deeply into the case, however, your misgivings bloom. He continues to put you off on the fee, with imminently reasonable excuses; he dodges discovery requests for financial documents; he blatantly ignores the pick-up and drop-off times in the temporary parenting plan. After two months and a $7,000 receivable, you are forced to cut your losses and withdraw.

Finally, there is Mary, a strikingly attractive woman, who dresses such that your receptionist and staff turn her into the topic of the day whenever she comes by to drop things off (which is more frequently than any of your other clients). She is extremely emotional, and you took her on (with a tiny tug of doubt in your gut) because she triggered the protector in you. She was truly needy. However, that tiny tug became a full-on shove when she began calling the office almost every day — sometimes three or four times a day. Your staff wasn’t able to “understand or help” her. Again, the fees were running up disproportionately. When she would come in for appointments, she would carry on for about 90 percent of the meeting about her feelings, her concerns, her husband, her co-workers, her plans — almost everything but the business at hand, which might be reviewing and signing off on a declaration.

How we respond to these clients in the volatile environment of a family law case will not only bear on whether we get paid, but it will also affect our freedom from bar complaints and suits. It is widely acknowledged that family law is the leading magnet for bar complaints. A recent report of the Arizona State Bar, for example, noted that 28 percent of their complaints arose out of family law matters. Failing to adequately communicate with clients is the number-one cause of bar complaints. Difficult clients almost compel us to avoid them in order to manage our calendars, our energy, and our sense of well-being. The way that we manage our “normally distraught” clients is certainly important. However, the greater share of complaints and potential malpractice suits will arise from our pool of clients who suffer from a condition that is described by the DSM-IV (the “Bible” of mental health diagnostics) as “personality disorders.”

Mental health practitioners have long been aware of a particular difficulty that was termed a “personality disorder” in the DSM-IV. Rhoda Feinberg and James Tom Greene describe a personality disorder in their article The Intractable Client — Guidelines for Working with Personality Disorders in Family Law (35 Fam. & Conc. Crt. Rev. 351 (1997)) as follows: A personality disorder is a clinical term used to describe people who are “locked in” for many years with certain exaggerated personality traits that interfere with all aspects of their functioning in life.

Both the DSM-IV and William Eddy1 aptly describe these personality disorders as reflecting “enduring traits.”

While there are nine personality disorders described in the Feinberg and Greene article, Eddy, in his excellent High Conflict Personalities, focuses on the four which he identifies as particularly challenging for the family law practitioner. These are Borderline, Antisocial, Narcissistic, and Histrionic.

In the shortest of shorthands:2

Antisocials (Leon) are characterized by a collection of traits which may include the failure to conform to societal norms with respect to lawful behaviors; deceitfulness; impulsiveness; aggressiveness; consistent irresponsibility; and lack of remorse over the injuries they cause, often, but not always, accompanied by a very beguiling personality.

Narcissists (John) are characterized by a grandiose sense of self-importance; a preoccupation with fantasies of unlimited success, power, or beauty; a belief that he/she is special; a sense of entitlement; a lack of empathy; and a tendency to be interpersonally exploitive.

Histrionics (Mary) are uncomfortable when not the center of attention; display rapidly shifting and shallow expressions of emotion; consistently use physical appearance to draw attention to themselves; tend toward theatricality in expression; and consider relationships to be more intimate than they actually are.

Borderlines (Susan) tend to have a pattern of unstable and intense interpersonal relationships; be impulsive in their intimate relationships; experience chronic feelings of emptiness; exhibit inappropriately intense anger; and possess a markedly unstable self-image. Borderlines are noted for putting the other person on a pedestal (“You are a brilliant lawyer. I cannot believe my luck in finding you.”), followed by intense denigration and anger (Bar grievances, lawsuits, abrupt dismissals, etc.).

Family lawyers who have engaged in custody disputes may be familiar with the name Millon, as Theodore Millon is the principle author of the psychological instrument, together with the MMPI-2 (Minnesota Mulitphasic Personality Inventory-2 — a widely used and widely researched test of adult psychopathology), which is conventionally administered to parties in a parenting evaluation. In his excellent text Personality Disorders in Modern Life (2000), Dr. Millon notes that each personality disorder may be seen as residing along a continuum of behaviors or traits. Most of the characteristics of a particular personality disorder may be found, albeit in different intensity and presentation, among the “normal” or even “highly successful” population. Along the Antisocial continuum, for example (but not into the “red zone” of difficult, alienating, or destructive behavior), is the daring risk-taker who takes care of the business many of us wouldn’t touch. Not so far along the Narcissist continuum is the supremely confident, and successful, businessperson. Moderate Histrionic qualities impart a sense of drama and entertainment to life, while the drama which is so acute in the Borderline adds spice to an otherwise dull life when carefully measured.

When pushed to the level of pathology, the four “high-conflict personalities” are found by Eddy to be driven by the following fundamental fears: Borderline — fear of abandonment; Narcissist — fear of inferiority; Antisocials — fear of being dominated; Histrionics — fear of being ignored.

Additionally, what really differentiates these people, in Eddy’s view, is that they perceive (and persuade others to share in this perception) that the cause of their distress is external. Eddy notes:

Because they think their internal problems are external problems, the difficulties of those with personality disorders continue and become quite distressing.3

High-conflict personalities have enduring patterns of behavior characterized by:

1. Chronic feelings of internal distress;
2. Think the cause is external;
3. Behave inappropriately to relieve distress;
4. Distress continues unrelieved;
5. Receive negative feedback about behavior which escalates internal distress but thinks the cause is external so behaves inappropriately . . . and on and on.4

Not everyone with a personality disorder becomes a high-conflict personality. Only those who are also “Persuasive Blamers” seem to become high-conflict personalities. Persuasive Blamers persuade others that their internal problems are external, and caused by something else or someone else. Once others are persuaded to get the problem backwards, the dispute escalates into a long-term, High-conflict dispute — which few people other than Persuasive Blamers can tolerate.5

The thing to remember about these people is that they labor under a real psychological burden. Their personalities tend to be rigid, and they have little tolerance for self-reflection that might challenge their (often) fragile egos. While conflict is stressful for most of our clients, the circumstances that bring these folks into our offices are fertile ground for the maladaptive behavior which make them so tough to handle. So how can we best protect ourselves, and the professional relationship, from the encroachments of the strivings of these clients? Consider these seven closing tips:

1. Set clear boundaries. The rules of the attorney-client relationship must be assiduously adhered to. Telephone calls must be billed, or they will mushroom. Deadlines must be clearly communicated and enforced. Bills must be paid in a timely fashion. Be particularly careful to dress and act professionally with these clients. They should never be permitted to verbally abuse you or your staff.

2. No special treatment. Do not stray from your customary practice to allow these clients to feel special. Avoid unique financial arrangements. Don’t give the client your home phone number. Don’t meet at odd hours.

3. Do not avoid the client. Failure to return phone calls, while relieving you of stress and aggravation, will cause the client’s anxiety to escalate. If necessary, tell the client that you will not be readily available to him. Instruct your staff on specific procedures when dealing with multiple and insistent telephone calls.

4. Communicate clearly. While e-mail has a down-side with these clients, as you are likely to be deluged with messages, at the same time, you are able to clearly communicate expectations and possible outcomes in writing so you have a clear paper trail that you can refer to. Don’t believe that just because you told the client something, it had impact on him and he retained it. If you have certain rules or boundaries to set, communicate them very clearly and, if necessary, repeatedly.

5. Don’t get seduced by adoration. This is particularly true with the Borderline personality, who is gifted at the art of seduction (“I don’t know how I was ever so lucky as to find you for a lawyer.”) followed by vertiginous denigration (accusations of betrayal, malpractice, or unethical conduct). Keep your relationship with this client level.

6. Be consistent. These clients will repeatedly try to push the boundaries you set. They will test you and your staff. Counter-intuitively, they will be more anxious if you allow there to be even minor variations in your process and relationship style. You will be more likely to calm this anxiety with consistency.

7. Stay at arm’s length. Almost every one of these personalities has an attractive quality about them. You may be drawn to the Antisocial’s charm, the Borderline’s need for protection, the Narcissist’s powerful personality, and your desire to impress or the sheer entertainment value of the Histrionic. In fact, if you find yourself thinking of a client in an emotional or personal way because of these qualities, be very careful. You will have the greatest success managing the client, their case, and the post-litigation fallout if you strictly adhere to a professional, friendly, arm’s-length attitude toward the client.

Ask among your colleagues, and you will hear the “war stories” of client relations gone sour due to mistakes made with these four “high-conflict personalities.” The solution can’t be to avoid them, because we often won’t know we have this problem until after we have been retained. Additionally, these people sorely need our guidance, professional advice, and representation. The work does not have to end with grumbling and distress — and can even result in a deep sense of professional satisfaction — if we keep our eyes and ears open and follow some basic rules once the red flags begin to pop up.

How to Start Your Own Mobile Notary Business

2010-08-22T17:19:00.000-04:00

Posted by Mobile Notary Charlotte
If you are looking for a way to make a little extra money without spending your days tied to a desk, starting a mobile notary business might be the perfect thing for you. As a mobile notary, you will go straight to your clients whenever they need notary services.

Start a new business can be overwhelming at first. There are so many questions to answer and hundreds of little details to get in order. For mobile notaries, it is important to have reliable transportation. Many will find it's beneficial to keep notary credentials and a photo ID with them at all times. This is helpful if you go to homes and offices of new clients who need a way to verify who you are. A retractable badge holder is recommended, but other types of ID badge holders will work too.

While it's difficult to cover everything you need to know about starting a mobile notary business, the following suggestions will get you started and help you determine if a notary business is something you would like to pursue.

Becoming a Notary

Before you can start, you have to apply for a notary commission. You can go the National Notary Association for help locating the appropriate application forms. Requirements may vary depending on your location. You will need to invest in notary tools such as an embosser, and it is recommended that you buy a receipt booklet or use business software to keep track of your income and expenses. As a mobile notary, you may find a GPS device is helpful for getting you to your customers on time.

Setting Your Rates

You can get a feel for rates in your area by doing a little market research. Conduct a survey to see how much other notaries charge. Don't under value your services by setting cheaper rates. Think about your expenses when establishing what you will charge your customers. You may want to charge a flat fee per signature and then assign a travel fee based on the distance you have to travel. A second, but less popular, option is to charge an hourly rated based on travel and service time.

Advertising Your Business

No business will be successful without customers. So you need let your potential clients know what services you offer. Try networking with other business, and make sure you have business cards handy. You might find that a customer won't need you immediately, but they will remember to call you the next time they need notary services.

Get in touch with your local chamber of commerce and the Better Business Bureau. Find out what business startup resources are available to you to help you build your clientele.

Advertising is helpful. If you can afford it, try buying ad space with your local online newspaper or classified service. It's also a good idea to have a well-ranked website so that people who search for notary services online find your business and contact information.

For more details id badge holders about and retractable badge, please visit us online.

Article Source: http://EzineArticles.com/?expert=Adam_M._Anderson

Free CLE for a tough economy.

2010-08-08T08:44:00.000-04:00

Posted by Concord North Carolina Lawyer

February 4, 2010 by lawmrh

According to the American Bar Association (ABA), 46 jurisdictions require practicing lawyers in their jurisdictions to complete mandatory Continuing Legal Education (CLE). See ABA-CLE | Summary of State MCLE Requirements.

State requirements vary. But one thing is certain, lawyers in those 46 states must be mindful of satisfying their jurisdiction’s CLE requirements, that is, if they want to keep practicing law there.

It was once naively thought that the advent of online, web-based CLE would lower CLE costs to lawyers. After all, once initial program setup costs are recovered, each incremental set of online eyeballs costs next to nothing. What a laugh! Why price something reasonably when you can overcharge and get away with it?
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So what’s a thrifty and prudent lawyer to do, especially in this economy? Well, like Smokey Robinson once sang, “My mama told me, you’d better shop around.” And when you’re shopping around, nothing beats “FREE.”
Free CLE.

With the disclaimer that free doesn’t last forever, the last time I looked, the following were still available online. Best of all, there’s no qualifier, e.g., coupon cutting or required membership.

The ABA has the widest range of free or open access offerings. The complete list of open access CLE at the ABA is at http://www.abanet.org/cle/clenow/ but the following are illustrative.

Preventing Disciplinary Complaints: Advice from a Prosecutor and a Defense Lawyer

Fair Housing Laws and Seniors with Disabilities

Race and Gender Bias in Judicial Election and Selection

Legal Aftercare for the Domestic Violence Survivor

Contingent Fees: Access to the Court or Threat to Capitalism?

Another source is at IP Colloquium taught by UCLA Law Professor Doug Lichtman at http://www.ipcolloquium.com/current.html. See the following link, Intellectual Property Colloquium – Current Show.

Past programs at IP Colloquium include Intellectual Property Colloquium – Patent Reform: Damages and Can Content Survive Online? « Intellectual Property Colloquium

Although several years old, other free CLE programs, which were originally offered for Oregon and Washington, can be found at Free CLE.

Yet another source of gratis online CLE are professional liability insurance carriers. Some companies offer free CLE to their insured. Still others provide free CLE as inducements to prospective customers. For example, find 1.5 hours of ethics credit at Lawyers’ Mutual Insurance Company.
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CLE benefits.

Varied and diverse CLE programs present lawyers with the opportunity to expose themselves to other practice areas. So even if a lawyer is not an intellectual property lawyer, the IP Colloquium lectures may be of interest outside their customary practice area. Or if you aren’t an elder law attorney, you may still welcome the chance to study this practice area, too, through programs available, for example, through The National Center on Elder Abuse, (NCEA). The NCEA has a webcast library available at http://www.ncea.aoa.gov/ncearoot/main_site/library/events_webcast/events_archive.aspx. Please note, though, that approval may be needed from your state bar to receive credit since the NCEA’s programs aren’t necessarily intended as continuing legal education. See additional Caveats below.

Not quite free.

While not quite free, nominally priced providers are readily found. Lower cost online providers seriously undercut the overpriced merchant. This includes not surprisingly, many state bar CLE departments along with the usual big name online suspects. So there’s absolutely no reason to pay $150 to $200 per hour for online CLE.

I don’t endorse any provider over another. Moreover, the following list is hardly exhaustive. With this said, a few of the discount providers are listed below:

www.cleonline.com

Online Continuing Legal Education for Attorneys – CLE | MCLE or http://www.attorneycredits.com/

lawline.com »

Caveats.
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Always inquire, preferably beforehand, if a listed course is approved in your jurisdiction. If not, you’ll need to access the permission approval form available from your respective state bar. Nevada’s form is available at Nevada Board of Continuing Legal Education while information on Arizona’s requirements are at http://www.myazbar.org/CLE/cle_providers.cfm

Section and alumni deals.

Last, check CLE offerings through bar sections and law school alumni groups. Many of them offer programs that are either free or nominally priced. Examples include the following,
Legal Aid Center of Southern Nevada – Free CLE for Attorneys
Cornell Law School: Event Details
CLE Programs: Salmon P. Chase College of Law
James E. Rogers College of Law: Alumni and Giving

One last add on price and quality.

We’ve all attended dull, superficial and poorly-organized programs where presenters and their Powerpoint slides stuff 20 lbs. of information into 5 lb. sacks. Worse still are the half day seminars at $300 a pop with little or nothing of substantive value except for the “Certificate of Attendance” given out at the end.

Inexplicably, you get what you pay for doesn’t necessarily apply to CLE, especially the online programs. Price, then, is no determinant of quality. More often than not, you won’t get what you paid for.