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The Florida Bar

The Florida Bar. Guardian of the Integrity of The Legal Profession. The Florida Bar. Authority derived from Article V of Florida Constitution An Agency of the Florida Supreme Court Mission: Public Service Protecting Rights Promoting Professionalism Pursuing Justice. Primary Functions.

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The Florida Bar

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  1. The Florida Bar Guardian of the Integrity of The Legal Profession

  2. The Florida Bar • Authority derived from Article V of Florida Constitution • An Agency of the Florida Supreme Court • Mission: • Public Service • Protecting Rights • Promoting Professionalism • Pursuing Justice

  3. Primary Functions • Member Services • Education • Regulation • Legislative Advocacy

  4. Divisions of The Florida Bar • Headquarters – Tallahassee • Programs • Communications • Administration • General Counsel • Legal Division • Five Branch Offices • Lawyer Regulation, UPL, Ethics & Advertising

  5. CLE Programs CLE Publications Practice Area Sections of the Bar Board Certification Professionalism Center The Florida Bar News The Florida Bar Journal Educating Members

  6. Please Note • In the first year of membership, you can join 3 Bar Sections at not charge • Annual Dues are payable in July • www.floridabar.org • On-line individual attorney profile for members only • Report CLE earned • Address Changes • Inventory attorney designations

  7. Member Services • LOMAS – law office management assistance • SCOPE – Seek Counsel of Professional Expertise • Ethics Opinions, Ethics Counsel, Ethics Hotline • Member Benefits • Fastcase, Lexis, insurance and more.

  8. About L.O.M.A.S. • Established 1979 • Oldest program at The Florida Bar • FREE • CONFIDENTIAL • Part of Member Services • Staffed but by experienced Legal Administrators • Mandate is to provide law practice management information and assistance to members

  9. LPM - Law Practice Management • Acquiring business management skills starts on Day One of your legal career. • Following best practices in LPM will keep you out of trouble with your clients and The Bar. . .

  10. WHERE TO GET HELP • If you have questions about contemplated actions, call the Ethics Hotline 800-235-8619 • Confidential Help Line: If you have questions about any office management or law practice management issues, call LOMAS 866-730-2020

  11. LAW PRACTICE MANAGEMENT SERIESPresented by L.O.M.A.S.The Law Office Management Assistance Service of The Florida Bar Enterprise Management Skills – The Keys to Your Success.

  12. Surveys Report the #1 Reason why lawyers are not promoted is . . . Lack of Management Skills! • Solo • Law Firm • Government Law Office • Judiciary • Not-for-profit Legal Services organization • Corporate Legal Department • Whatever your present or future work environment, Enterprise Management Skills are key to your success. (Source: ACCA, ABA, law.com, American Lawyer, etc.)

  13. Career Advancement • When being considered for promotion, it is already assumed you are a good lawyer. • Your management skills will be evaluated. • Poorly trained managing attorneys result in high associate and staff turnover, low morale, loss of productivity, lower profits, and increased exposure to risk. • The national associate turnover rate traditionally hovers around 33% (NALP)

  14. Business Management Skills • Strategic Planning • Risk Management • What are risks, and how to avoid them • Project Management Skills • Decision-making Skills

  15. Business Management Skills (cont) • Financial Management Skills • e.g., budget preparation, report analysis, controlling costs, etc. • Human Resources / Supervision Skills • Information Management • RIM • Technology • Process Development • How to Develop Workable Systems

  16. Law Office Management Challenges • All Law Offices • Marketing • Practice Management disciplines • Specialization • Technology • Succession Planning/Retirement • Law Firms – in the private sector, two more challenges • Pricing Legal Services • Profits Allocation

  17. A Question of Balance Client Marketplace (COMPETITION FOR SERVICES) Profitability Market for Staff (Is this worth doing?)(SATISFACTION)

  18. The Road . . .Is paved with Good Intentions • No one sets out to be sued or grieved • You work hard for your clients • Achieve Balance in your life and career • Learn how to prevent risky actions, unhappy clients

  19. How to Manage Your Time and Work

  20. Managing Your Work And Your Time • Time management seminars • How to manage and track deadlines • How to keep time records • How to manage records (e.g. docket, files) • How to develop and USE a conflict of interest checking system • How to say NO

  21. Signs of a Management Breakdown • Is your office a catalyst for stress? • Chronic stress and chaos • No budgeting process • No planning: strategies and caseloads • No training/manuals • Poor records management, filing backlogs • Calendar/Task errors • Client complaints

  22. The 7 Business Processes in a Law Office Production Marketing Personnel Systems & Technology Finance Communication Management

  23. ProductionOrganizing to get the work in and get the work out

  24. Production - Key Business Processes • Intake Process • Conflict of Interest • File Opening • Telephone Call Management • Calendaring & Diarying • File Closing and Archiving • Records Management or Information Management

  25. Marketing • How to keep the work you have and; • Planning to obtain the work you want now and in the future • The Marketing Plan is part of the Strategic Plan • Quality of operations affect Marketing efforts • Why we don’t market . . .

  26. Key Components of a Marketing Effort • Direction and Buy-in • If this cannot be defined – STOP HERE • Realistic Objectives and Goals • Honest Analysis of Resources • Ability to Benchmark • Ability to Measure your Efforts • Staffing • Funding

  27. CommunicationsGreasing theorganization’swheels Did How? Why? Did Not The Nobody knows Trouble Not By When? I seen Another Huh? Temp

  28. The Communication Process • The need to define, document and distribute critical information: • Risk Management, disaster preparedness & business resumption • Partnership Criteria • Policies, processes and procedures • Supervision and Limits and Boundaries • Orientation, Training and Mentoring • Culture • Client relations

  29. Personnel - Organizing the people • What kind of skills • What kind of positions • How much experience • How many people • Deployment • Skills and Process Training • Cross-Training • Performance Measurement • Rewards • Morale

  30. How to Manage People

  31. Personnel – Hiring and Firing • At Will • Know how to interview • Check references • Keep up-to-date with labor laws • Bi-annual refresher seminar • How to terminate employment • She’s going to tell a story . . .

  32. Supervising Others • Three cardinal rules • It is arrogant to believe that you can supervise others when you do not know what they do • Agree to be managed • Agree on how you work • NO Lone Rangers • NO Confederation of Solo Practitioners • “But, we’re different, our work is unique . . .”

  33. You Are Your Brother’s Keeper • 4-5.1 Responsibilities of a Partner or Supervisory Lawyer “. . . Shall make reasonable effort to ensure that the authorized business . . ., has in effect, measures giving reasonable assurance that all lawyers therein conform to the Rules of Professional Conduct.” • The lawyer is responsible for the actions of his/her employees

  34. Systems & Technology • Managing consultants • What is it supposed to do? • What do our clients use? • What does the competition use? • Lease or Purchase • Administration & Security • Training, training and more training • Benchmarking • Read at least one legal tech periodical

  35. Financial Management:Organizing & Accounting for the flow of money • Internal Financial Controls • Insurance portfolio • Timekeeping, Billing and Collections • Reports – what do you need? – • Productivity & Profitability Reporting • Budgeting

  36. Insurance Portfolio • Professional Liability Insurance • Did you tell the truth on your App? • General liability insurance • Valuable data and papers • Fraud/theft • FF&E (furniture, fixtures, equipment) • Where are your inventories? • Benefits • Benefits comprising 38% of payroll expense

  37. Timekeeping, Billing & Collections Why we keep time records • Record of the work • Profitability/Productivity • How we get paid • Does your bill tell the story of the work? The best form of a bill is the one that gets paid • Use the billing software to track the results of non-billable activities

  38. About Trust Accounts • Fiduciary Accounting – Agent/Principal • What is an IOTA trust account? • IOTA vs. Separate Interesting Bearing Accounts • If you are holding client money, it must be in a trust account. • Familiarize yourself with Ch. 5, RRTFB. • LOMAS CLE DVD - • “Maintaining a TRUSTworthy Trust Account”

  39. More About Trust Accounts • You must supervise the banker, accountant, bookkeeper, legal assistant • When practicable, valuable client property should be held in a Safe Deposit Box • The rules governing client money, govern the client non-cash property • RRTFB 4-1.15 Safekeeping Property

  40. Budgeting • Planning tool for the firm, • Also for your cases • Fundamental component of the strategic plan and marketing plan • Budget Components • Revenue • Expenses • Cash Flow • Capital Needs

  41. Management: Pulling it all together • Shared Vision and Goals • Agree to be Managed • Maintain an External Focus • Nail the Numbers • Planning & Implementing • Culture • Employee Relations • Conflict Avoidance • Client Relations • Risk Management

  42. Compensation Systems • “ You get what you REWARD ” • Rewards marketing, mentoring, etc.? • Compensation system reward handing off work to the best person for the job? • Compensation system include rewards for keeping other people busy? • OR does it reward hoarding? • Does the lawyer keep clients happy?

  43. Compensation Systems • Lock-Step • Partner retires but doesn’t tell anyone • Eat-what-you-kill • A computer runs the firm • Work hoarding, kills efforts to specialize • Objective/subjective • Based on numbers AND factors such as management skills, keeping clients happy, cross-selling, etc.

  44. Recommended Reading • ABA Bookstore: • How to Start and Build a Law Practice by Jay Foonberg • Through the Client’s Eyes • Results-Oriented Financial Management • Lawyer’s Guide to Records Management • Lawyer’s Guide to Marketing • Compensation plans for Lawyers

  45. The Business Plan • If you would like to talk with a LOMAS PMA at the break, we will go over how LOMAS can help you: • Acquire law practice management training; • Develop a business plan; • Set up a law practice; • Conduct a self-audit; and • Answer your law practice management questions.

  46. Got Questions? L.O.M.A.S. has Answers! 850-561-5611

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