By Reid Trautz and Ken Stern

In this part we continue exploring the opportunity and process for making changes in your law practice.

III. The Reinvention Process

Motivation: Why Should I Spend Time With This? If you are 100% content with your life and law practice, there is no need to take time for reshaping the future. If you have needs, desires, goals or ambitions to take your practice into a different future, then you have all the motivation you will need. You just need to make the personal commitment to take charge of your future. Define or redefine what you want from your practice, then make it happen.

Timing: The best time to start this process is, well, soon. Start today by scheduling time on your calendar. Find a time in the next month to set aside at least half a day, preferably two half days so you have time for quality thinking and reflection. If you have partners, request they set aside time for this process too. If you are doing this process for a larger firm you may want to do this in the form of a retreat. This is not straight working time. You will need time to reflect, dream, analyze, invent, and discover.

Setting: Go anywhere you will not be interrupted or distracted. If you will be distracted at the office, then stay at home. If you’ll be distracted at home (including distractions like other chores, kids, TV, etc.), then stay at the office. Better yet, get away to a quiet location, check into a hotel, go to a friend’s cabin or beach house, or treat yourself to a mini-getaway. Turn off the cell phones, pagers, and other electronic devices. Let your staff know you will call in, and instruct them to avoid calling except in true emergencies. Get comfortable, but not so comfortable that you will be unproductive.

Participants: Who should participate in this planning process? The process will depend upon your objectives and your size. If you are in a large firm, you will want to include the partners and administrators and perhaps senior associates. In a small firm setting you may want to include the business owners and all income generators. This process can also be used by the individual lawyer to set career goals, to deepen the lawyer’s strengths and to work on the areas that need improvement.

Facilitation: Decide in advance who will be in charge of facilitating this entire process. If you are a solo, then the person is obvious, but even in small firms it will be important to designate a person to lead the discussion, ask the hard questions, and follow-up after each meeting. However, it can be extremely helpful to have a qualified objective individual facilitate the process regardless of the size of the firm. There are currently many resources to help in this process including consultants, life coaches, executive coaches, facilitators, team coaches, etc. It is important to interview the facilitator to make sure the individual’s background, experience, process, and demeanor is a good fit with you or your firm. Find out exactly how the facilitator intends to conduct the process, what he or she will charge, and what will be the deliverables.

This entire process of reinventing your firm or practice does not have to be difficult; in fact, it is almost always very rewarding. However, the rewards are tied directly to the time and effort invested in the process. As you are meeting and discussing the questions above, focus first on getting open answers from all stakeholders. Make sure everyone is being heard. This should be done in a comfortable setting (as suggested above) and maybe not all in one long meeting. It might take a few sessions, especially with a larger number of participants. Next, focus on the goals and defining them in concrete terms. If the goals are too esoteric, the less chance they have to be implemented. As the goals are developed, focus next on the steps and resources needed to implement the goal. Assign a responsible partner or stakeholder to follow-up. Set deadlines so progress can be made the next time you meet.

The results of this meeting and reflective process should be put in writing and organized so that all the stakeholders understand the upcoming steps, as well as their responsibilities for successfully implementing the plan. For ease of understanding, consider using a simple sheet like the form attached to this article.

While this simplified process will work for many firms, some will feel more comfortable working with someone outside the firm to organize and implement the process.

Reinventing Your Law Practice
By Reid Trautz and Ken Stern

I. Why Am I Reinventing My Practice?

Lawyers, like everyone else, have become increasingly busy and connected to their work in the digital age. While most attorneys remain committed to practicing law, it is the rare attorney who feels completely satisfied with his/her practice and the balance in life between work and other interests. We have listened and talked to many lawyers who express a myriad of concerns and who yearn for change. Lawyers complain about the deteriorating attitude of government officials and the current culture of “No”; increasingly demanding and frustrated clients, increased work loads, reduced profitability, tensions inside their law office, increased stress levels, etc.

Almost every attorney would like to snap his or her fingers and obtain increased profitability, better relations with partners and staff, better organization, reduced frustration, improved client services, reduction in work load, improved legal abilities, sharpened practice focus, better balance between work and home life, more enjoyment/fulfillment in the practice of immigration law, better retirement and succession planning, etc. Unfortunately, these goals cannot be accomplished by snapping one’s fingers. On the other hand, there are techniques and resources for reinventing one’s law practice which have enabled many attorneys to make very positive changes in the way they practice law and in the quality of their life. Like most things, this process takes work and commitment which are skills possessed by most attorneys. The first step is recognizing the need for change which must be followed by the allocation of sufficient time, energy, and resources to the successful reinvention of your law practice.

II. What Things Can I Really Change?

Practice setting: This is the area where lawyers can often make the biggest changes. In order to determine what changes would best suit the firm’s/lawyer’s goals depends upon addressing a number of important issues including the following:
  •   How is the law firm currently structured?
  •   Does the firm have the right number of partners, associates, paralegals, and support staff? Is the firm lacking talent in one or more areas?
  •   Is the firm overstaffed?
  •   Does the infrastructure of the firm need change in areas such as employment policies and procedures, IT, office layout, systems and procedures, etc?
  •   Is the compensation system working or does it need to be tweaked?
  •   Is the firm doing sufficient marketing?
  •   Does the firm have a plan for making associates into partners?
  •   Are there changes that need to be made to the management structure or system?
  •   Are there personal or relationship issues that need to be addressed?

Addressing these issues will create the foundation for other important changes in your law practice.

Clients: Another way to alter or improve a practice is to change the mix of clients. This requires an assessment of current clients to find out what you like and dislike about your current clients. As part of the reinvention process, find the common positive attributes of your favorite clients and identify the negative attributes of clients you like the least. For each client ask these questions: Are they cooperative or obstructionists? Are they appreciative of your efforts? Are they friendly or abusive to staff? Are they too demanding? Is their work rewarding to you—financially or otherwise? Do they pay their bills or whine and procrastinate? Do they refer good clients? Rank them as A, B, C, or D clients. Consider firing the C and D clients over a period of time. Then use your new criteria in your marketing and client selection process. Accept only the clients that meet your standards.

Practice area: One change is to reduce your practice areas—to have a narrower focus for your firm. Such a change can actually increase business because your firm may become recognized as the firm in that niche area.  New practice areas bring new challenges and added satisfaction in the practice of law. Sometimes lawyers limit their practice and refer out other types of work which could be successfully integrated into the practice. What types of law would be most complimentary to the current mix of cases and how can the attorney(s) gain confidence in these new areas and market these new services? Does it make sense to bring in a new attorney with skills in a complimentary area or even to pursue a merger?

Attitudes: It is helpful to remember why you chose to practice law. What were your goals and dreams in pursuing this area of law? Is your practice consistent with those original goals and dreams? Have the goals changed or has the practice strayed from the goals you want to pursue? How can your practice be brought into alignment with your current goals and dreams? What do you like about your current practice and what is particularly stressful or unpleasant? Is it possible to reconfigure your practice to highlight the things you enjoy and are passionate about and eliminate some or most of the things that are most problematic? Are you committed to having balance in your life and how are you pursuing that commitment? Are you and your partners on the same page with respect to these issues?

Addressing these questions and being willing to re-evaluate your attitudes and approaches to the practice of law is the most fundamental and critical aspect of reinventing your law practice.