New Tech Makes For Better Client Service

I enjoy law office management as much as I enjoy practicing criminal defense law in Bryan|College Station. A smooth running and client-centered office depends on the smart use of  technology, as well as the intelligent use of human resources at our disposal. I have a great and loyal staff already. But it was time to take the office tech to a new level. Those of you who know me understand I love Apple computers. I have five of them. I also own an iPhone and iPad. I give Macs away as gifts. Even my beautiful wife is married to her iPad and uses it as her principle means of accessing the Internet. 

This weekend I finished configuring my brand new iMac. It's a beautiful 21.5 inch model with a hybrid hard drive system consisting of a solid state drive, which is home to my operating system and applications, plus a 1TB spinner for my large data files like photos,  videos, and music. The attached 20 inch Cinema Display gives me abundant desktop real estate from which to work on document preparation, view my daily calendar, and answer my emails. 


Why drive a Volkswagen Beetle when you can have a BMW?  That's why I love my new Mac hardware set up. It's blazing fast. It looks good. I "feel" more productive. In fact, I am more productive. I can blaze through my emails (to the delight of those who wait on me to answer).  I am better organized which gives me more time and energy to respond to client needs. In short, it's just more fun to work at the office and provide good legal services to our clients. 

Choosing the Right Criminal Defense Lawyer

Choosing the right criminal defense lawyer involves several important sources of information about the attorney. First, how much experience does the attorney possess in the field for which you need their services? Second, what is the lawyer's reputation in the community? Attorneys earn their good reputations by providing excellent legal representation over many years.  Finally, how does the lawyer make you feel? In other words, meet with the criminal lawyer face-to-face before making your final decision. You'll be glad you invested time sitting eye-ball to eye-ball before righting a check for legal services.

First Step to Client Loyalty

This month's Texas Bar Journal had a great article, by Micah Solomon, on steps toward developing better client loyalty. Much of what Micah concluded were ideas most good business people develop on their own as they gain experience in the business world. This includes criminal defense lawyers, too. In any case, developing better client loyalty means, in the end, the criminal defense client is happier. That's always the goal.

Step One is to remember and acknowledge each client in a way that is personal to them. In other words, treat each client as unique. Micah believes, and I agree, that criminal defense law firms thrive once they dedicate themselves to achieving the effectiveness of a beloved bartender or hairstylist. Remembering something special about each client leads fosters this important relationship.

That's step one. With six more to go, please check in for later thoughts.

Top 20 iPhone Applications For Attorneys

Some of these Top 20 iPhone Apps for Busy Attorneys have been supplanted by the latest iPhone software update (3.0). But they might be worth a look, nonetheless.

ABA Journal Survey on the Job Market

The ABA Journal is surveying lawyers about the job market and the current state of the economy.  They would appreciate your participation in their important survey if you are licensed to practice law.  Please visit this link and following instructions.  Thanks. 

Choosing Our Clients

I enjoy dabbling on the legal marketing blogs now and then. I ran across this post by Tom Kane on the Legal Marketing Blog. Tom suggested lawyers are happier when they work for clients they like. I certainly agree with that premise. However, Tom suggested an approach to achieve this objective which I found unworkable for the criminal defense lawyer. Tom said:

But, if you are having trouble identifying the “ideal” clients for your law firm, think about this for a minute. Try using the reverse approach. By that I mean determine your ideal clients by deciding the clients you DON’T want.

The problem with Tom's approach? Often lawyers can't identify clients they don't like on the front end. It's only after weeks or months working with the client does the lawyer realize the client was not exactly what they were looking for.

Like lawyers, potential new clients (PNCs), tend to put their best foot forward during the initial intake process. Criminal defense lawyers can often discern something about the case before the first interview. By talking with the prosecutor or by obtaining public records, like probable cause statements, we get an idea about the facts. Even then, though, it is difficult to discern a client whom we ultimately don't like.

In my experience, the client who's able and willing to pay my fee is a client I can work with. My paying clients have much invested in their lawyer and usually were not willing to shell-out big bucks unless they trusted my judgment. As long as the lawyer works hard to maintain, or improve, the client's initial assessment, the working relationship remains good.

Some lawyers attempt to cull-out undesirable clients by refusing to accept certain types of cases like sexual assaults upon children, child pornography cases, and the like. I haven't found this a reliable way to discern a good client from a bad one. Rather, it is the long-term investment into my client's case that uncovers what was hidden earlier in the representation.

So, although I appreciated Tom Kane's desire to help the practicing lawyer improve their clientèle and improve their working environment, I found his idea largely unworkable for the criminal defense lawyer.

Bottom line, if I charge a good fee for my services, if the PNC trusts me enough to pay the fee, and if I maintain client trust by working hard, then the client and I get along just fine.

Fee Setting

The successful practice of law is more than setting fees. But establishing a price for our services is necessary and is actually a way to distinguish us from other lawyers we compete with in the market place. I want my prospective clients to know up front I will not compete with other lawyers on price. I'll compete on service, effort, and expertise, but never on price. Michael Sherman at Lawyer Profit Systems says here:

If you are doing the things in your practice that you should be doing (e.g. choosing a niche, being the expert in that niche, providing exceptional client service, etc.) then you’ve earned the right to charge more for your services. But, unless you believe that, your prospective clients never will.

And, here is one more reason for you to believe it: you never want to compete on price. There is no doubt that you can build a business entirely by offering the lowest price. But, why would you want to? Would you rather have 4 clients paying you $25,000 each, 100 clients paying you $1,000 each, or 1000 clients paying you $100 each?

Of course, the question is rhetorical. But the answer is instructive.

Additionally, when you compete only on price, all someone has to do to take a client is to offer a lower price. When you compete on EXCELLENCE, VALUE, GUARANTEED SERVICE, etc. it is much more difficult, if not impossible for a competitor to steal your clients.

I know there are successful lawyers who disagree with this theory of law practice management. But that's the horse I've chosen to ride. It may be difficult for the client to understand, as well, but they're getting better service in the long run.

Building Your Brand

Last month I posted about becoming an expert. Beyond obtaining technical competence in our field, I challenged fellow defense lawyers to set out to become THE expert:

Beyond technical competence, however, the criminal defense lawyer must set out to be THE expert in their field. When the lawyer becomes the expert, they become the problem solver and the go-to guy.

The question, left unanswered, was how to become KNOWN as the expert. Does an expert rise from the ranks and develop out of peer acknowledgment? Or is an expert a created entity, carefully crafted by profile building and marketing?

Steve Matthews had some intriguing thoughts on the matter. Steve is a legal marketer and web strategy expert. This month in the Texas Bar Journal he authored an article about developing "Thought Leadership" on the worldwide web. Basically, the article addressed the question of how one becomes known as the expert and hinged on our easy access to web based technology like blogging, threaded discussions, etc. Steve noted in the article:

For a lawyer who wishes to drive his or her personal brand through the roof, becoming a Thought Leader can deliver one of the longest lasting effects possible. Done properly, the position of being a Thought Leader could create value for a lifetime, or at least for the duration of one's professional career.

In my short time publishing on the web I've come to recognize many "thought leaders." Bloggers like Scott Greenfield and Mark Bennett come to mind since they post on subjects interesting to me, that is the practice of criminal law. There are many others, as well, who make significant contributions. Jamie Spencer, Patrick Barkman, and Robert Guest are on my daily reading list. There are many others.

Over time the contributions of these writers should establish them as experts and go-to-guys in their chosen field. Other professional benefits are also increased like media exposure, referral networks, speaking engagements, and dominance in search engine rankings. As online Thought Leaders these writers increase their image as the expert and back up their professional credibility demonstrating their knowledge to potential clients.

Thanks to Steve Matthews for this edifying piece.

Leave Me Alone - I'm Thinking

Over at the Day On Torts blog, John Day tendered an installment of four posts about how great trial lawyer's work. Even though John's points were tailored for civil law practitioners, many of the arguments he made apply equally to the Texas criminal defense attorney. His posts on how to become a great trial lawyer are here, here, here, and here.

In his fourth installment, John insisted great trial lawyers take time to think. Time to plan long-term. It's obvious John has lived in the trenches for a long time as he expounded upon the tyranny of the urgent. Lawyers up against deadlines, stressed-out, scrambling for answers, all because they failed to plan long-term.

He says: "It is easy to fall into a reactive mode and then find yourself scrambling to do what you should have done long before." Procrastination is also the criminal defense lawyer's nemesis. The bottom line - the client suffers because the lawyer has not thought deeply about the case and used time efficiently.

John's suggestions?

Great trial lawyers avoid this by taking time to think. They identify issues early, and create an action plan to address those issues and reduce the likelihood of harm to their client’s case. They delegate work to other competent persons to ensure it is done in a timely fashion. And they use the action plan to cause their opponents to react. In other words, great trial lawyers stay on offense, whether they represent plaintiffs or defendants.

In practice, this means getting out of the office, turning off the cell-phone, delegating responsibilities to the staff. All to free the lawyer for time to think. By doing this, the great trial lawyer stays at least one step ahead of their opponent at all times, even if their opponent is a great trial lawyer, too. So simple, yet so profound.

I will spend more time on John's ideas in the coming weeks. Check out his blog. In the meantime, leave me alone - I'm thinking.

Refusing Court -Appointed Appeals

Last week, criminal defense lawyer, Shawn Matlock, hypothesized here that most defense lawyers refuse to handle appeals because of the poor economic return. Shawn did not say so, but I suspect he meant "court-appointed" appeals. I agree with Shawn's conclusion. However, I disagree with his corollary that "real" criminal defense lawyers should handle their client's appeal with regularity. Shawn asserted:

I think that because so many people "practice" criminal law as a business, they view appeals as a money-losing endeavor. The time put into a good appeal can be extensive, and it can be exhausting. But, in my humble opinion, real lawyers do it.

Shawn argued defense lawyers don't take appeals because they are hard work. I agree they are very hard work. He postulated most defense lawyers don't take appeals because they aren't familiar enough with procedural and substantive law. I further agree lawyers must be well versed in all aspects of law which might bear upon the issues in a criminal appeal.

Nonetheless, many hardworking, smart, experienced, and dedicated defense lawyers don't take court-appointed appeals because they don't pay-off financially. I don't have a problem with that. I handled court-appointed appeals for years and learned an incredible amount of law. I learned how to preserve error. I learned how to establish harm so the appeal lawyer would not get "poured-out" under the harmless error rule. I learned how to write. But eventually the time invested in researching and writing appeals greatly outweighed my economic return. When that happened my other clients suffered.

For example, in Brazos County court-appointed appeal work gets paid on a fixed rate. A typical fee for a non-aggravated felony appeal is $1,750.00. Knowing I spend about 35 hours on a typical appeal, that works out to about $50.00/hour. That is not economically feasible. It does not pay my overhead. It does not fund my employee's IRAs. It does not pay for their medical insurance. It does not adequately pay me for my time.

My fee paying clients have purchased my time. I promised these clients attention and personal service. That is what distinguishes me from the other great lawyers in my community. But if I spend 35 hours on an appeal for which I only make $1,750.00, that makes no sense. My fee paying clients get the short end of that deal. I'd rather eliminate court-appointed appeal work and spend my time in more cost effective ways.

Young defense lawyers starting out should take court-appointed appeals. It increases the depth and breadth of their knowledge and experience. Their hard-earned experience eventually pays-off for all their future clients. I will take an appointed appeal now and then, too. Usually, it is a difficult case that a local judge knows I'll work diligently. I do this as a favor. They've come to depend on me - a great position to be in.

Let me say appeal work on "retainer" is financially rewarding. But I have no problem with defense lawyers who refuse to accept court-appointed criminal appeals. I have no problem with lawyers making a business decision to refuse work which is not financially rewarding.

If Shawn meant to scold lawyers who don't take appeals because they are lazy and don't want to work hard, I have no problem with that criticism either. But "real" lawyers are businessmen and businesswomen. If not, they risk failure at worst, and not reaching their potential at least. Neither a desirable option in my book.

The Power of a Handwritten Thank You

Lawyers underestimate the handwritten thank you. It contains power they don't see. It reveals one's heart. It lets the "other" know you recognize their importance. It's one way lawyers positively distinguish themselves from other lawyers and, for that matter, all types of business people. The key is to follow up immediately with prospective clients, referral sources, and new clients.

For example, after a meeting with a prospective new client the wise criminal defense lawyer immediately sends a handwritten thank you note to the prospect and the referral source. This prompt and thoughtful gesture makes a powerful impression. I am grateful for meeting you. I care about you. We can work to help each other in the future. Relationship is more important to me than money.

Or after a prospective client contacts the lawyer's office, they follow up with them immediately. The lawyer never leaves the office without first calling back every prospective client. When the lawyer is busy in trial, or otherwise unavailable, someone else in the office calls the prospect and informs them you're busy, but lets them know when to expect to hear back.

Or after a bar meeting, the wise criminal defense lawyer immediately follows up with new contacts made at the meeting with a handwritten note. The follow up may be sending them an article you offered to send, a call to set up a lunch, or a simple note telling them you were glad to meet them. Again, the message this sends is one of recognition and respect. Powerful, indeed.

Finally, after the lawyer is hired by a new client they immediately follow up with a written thank you. The client now learns his new lawyer takes personal responsibility for answering questions and keeping them informed. The client learns his new lawyer works with integrity and professionalism.

In other words, the handwritten thank you lets the "other" know how very important they are. It lets the "other" peek into the heart and see a crop of gratitude ready for harvest. It's power and it's powerful. Don't miss it.

Becoming The Expert

Clients don’t buy our technical competence as lawyers. They buy solutions to their problems. In short, they buy us. Rarely can potential clients distinguish levels of competency between lawyers anyway, except in the most extreme cases.

Technical competence in criminal law simply gets our foot in the door. It’s the minimum needed to get in the game. Criminal lawyers can learn all of the strategies and tactics they need to attract prospects and convert them to paying clients. However, it all breaks down if the lawyer is not technically competent. Eventually, the word gets out and will result in fewer referrals and poor word of mouth.

Beyond technical competence, however, the Bryan/College Station criminal defense lawyer must set out to be THE expert in their field. When the lawyer becomes THE expert, they become the problem solver and the go-to guy.

Set out to become the expert. Take the difficult cases. Work hard. Persevere. Stay on the cutting edge. Lawyers can set a goal to become board certified in criminal law by the Texas Board of Legal Specialization. Seminars and journals are other ways to improve expertise. Consider a trial college. Never stop learning. Constantly seek to improve. Finally, one of the best and quickest ways to become an expert is teaching, like teaching a criminal law course to paralegals at a local university.

But becoming the expert is still not enough. Once we've got it, we need to let others know. More on becoming known as the expert later.

Working Like Dogs

I just loved this post at Deliberations last week where Anne Reed discussed the findings of some incredible recent studies:

"According to a groundbreaking new study by the Department of Labor, working—the physical act of engaging in a productive job-related activity—may greatly increase the amount of work accomplished during the workday, especially when compared with the more common practices of wasting time and not working."Our findings are astounding: By simply sitting down and doing work, employees can dramatically increase their output of goods and services," said Deputy Undersecretary of Labor Charlotte Ponticelli, who authored the report. "In fact, 'working' may revolutionize the way people work." Perhaps even more shocking, the study reveals that not working significantly decreases worker productivity, sometimes even resulting in no work getting done at all. Similar findings were reported in the areas of avoiding work, putting off work, complaining about work instead of actually working, pretending to work, and fucking around. "Fucking around is in fact detrimental to the work process," the study reads in part."

But Anne, you forgot to include this quote:

"A similar study conducted at Harvard University over a period of three years attempted to determine conclusively whether working was more productive than various different subsets of not working. The results showed across the board that working is 100 percent more productive than listening to music and checking e-mails, 100 percent more productive than meandering around the office socializing with coworkers, 100 percent more productive than playing online Sudoku, 100 percent more productive than watching YouTube videos of nostalgic childhood television programming, 100 percent more productive than reading celebrity-gossip blogs while chatting with friends on Instant Messenger, 100 percent more productive than napping, and 98.2 percent more productive than not showing up to work."

Make no mistake. My team at the office works like a prized sled dog team. We don't gossip, meander, socialize, play Sudoku, or watch YouTube videos. We work diligently to keep our clients happy and informed. My staff and I take personal ownership responsibility for the practice. We're all business but we do enjoy a good joke or laugh once in a while. Thanks, Anne, for providing it this week. BTW, the next time I catch someone napping on the job, they're fired!

The Fee Agreement

Mark Bennett writes about the criminal defense lawyer's contract here. Mark correctly states that any criminal defense lawyer handling retained cases should develop a good contract, or fee agreement. I disagree with Mark on one point, however. I think the prudent defense lawyer should execute a written fee agreement in every case in which she receives a fee. It's just good, sound business practice.

I love open-source code of any sort (see previous post) and Mark offers an "open-source" contract for our review here. Several of the terms I find indispensable are:

1. The contract distinguishes between the lawyer's fees and out-of-pocket expenses. It is important for the client to know they will be responsible for all out-of-pocket expenses incurred in the defense of their case;

2. It limits the representation to one trial. Years ago I did not require an additional fee for any "retrial" of the case and had to try a case again for free. Not good for either the lawyer or the client, by the way;

3. The contract excludes representation for an appeal. Again, a good idea to require a separate fee agreement for any work beyond that at the trial level;

4. The contract is for a fixed, or flat fee. Mark and I both like fixed fees in criminal cases. It gives the client a sense of security knowing what the representation will cost up front. It also saves the lawyer from the drudgery of keeping track of every "tenth" of an hour spent on the case;

5. It informs the client that non-payment of agreed-upon fees permits the lawyer to withdraw from the case. This helps communicate the importance that clients honor their financial obligations to their lawyer; and

6. It states the lawyer has not, nor can he, guarantee any specific result in the case.

A couple of suggestions for improving the open-source fee agreement are as follows:

1. Legal representation does not begin until the agree-upon "contract fee" is paid. That may be implicit in Mark's open-source code, but I like making it very clear; and

2. The client is obligated to advise the lawyer of any address change, or change in telephone number. This sounds like nit picking, but believe me it comes in handy when the client refuses to cooperate and properly communicate with the lawyer.

Ghostwriter (II)

I was glad to see Mark Bennett posting about law practice management blogs. Not because I think Mark needs to improve his practice management skills, but because these blogs have great ideas for making criminal defense lawyers better business people. These blogs explore ideas that help us provide better service to our clients.

However, Mark challenges Ed Poll of the LawBiz Blog about using anonymous "ghostwriters" to write one's law practice blog. I agree with Mark's recent point. The idea behind blogging is to develop trust and credibility. Over time, the blog reader learns to trust the opinion and communications skills of the writer. Mark notes:

"Blogging is done to raise one's credibility. The credibility to be raised is the lawyer's. The expertise being sold is the lawyer's. The communications skills being sold are the lawyer's."

There is a difference between paid media and earned media. (credit Hugh Hewitt) Paid media is what you buy and control the content of like television commercials and print advertising. Earned media is the attention of the media you earn by doing what you do and doing it well. One can earn the attention of the blogosphere, but it requires hard work. The lawyer who is using the "ghostwriter" to earn credibility with the buying public is deceiving them.

Whether it is credibility in the courtroom or credibility among the buying public, it is the responsibility of the lawyer to develop the credibility with perseverance. If you are a criminal defense lawyer and a "ghostwriter" is writing your blog, you need to reconsider the ethics of doing so. Thanks again Mark for bringing this issue to light.

Adjusting Client Expectations

Shawn Matlock posted here about the "The Business of Winning." He made some important points about the practical aspects of the criminal justice system including the reality of plea bargaining. Shawn stated: "There are degrees of winning, and there are degrees of losing. A win for one client is a loss for another. Every case is different. Every client is different." Earlier this summer, Mark Bennett posted here about "winning," as well. Mark stated: "If 'losing' means having a jury convict a client, then any lawyer who tries criminal cases, loses cases. The lawyer who has never had a client convicted by a jury hasn't tried enough criminal cases."

Identifying and managing the expectations of our clients and potential clients should be a normal part of our client intake systems. A satisfied client is one who's realistic expectations about their case have been met, or exceeded. Consequently, criminal defense lawyers must be in the business of realigning any unreasonable expectations of our clients, both outcome oriented and service oriented. What Shawn and Mark were doing in their posts was exercising the important skill of adjusting client expectations. In other words, these experienced lawyers were "under-promising" but "over-delivering."

This client management truth was best illustrated in the original Star Trek science fiction T.V. series. Scotty, the Enterprise's chief engineer, constantly under-promised but always over-delivered when getting Captain Kirk and the ship out of trouble. In every engineering crisis, because of the constraints of time, resources or physics, Scotty would declare a solution impossible. But he'd always deliver just what the Captain needed, just when he needed it, to save the ship and crew.

If we want our clients to be satisfied we must help them develop realistic expectations. To exceed their expectations they must have a reasonable outlook on what can be achieved in the defense of their criminal case. This should be a normal part of the criminal defense lawyer's client intake process.

The Business of Law

Shawn Matlock recently posted about his "Love of the Game." Shawn stated he was not a criminal defense lawyer for the money, rather he was in it for the client. Shawn rightly criticized the hypothetical "Weinstein" for being money centered rather than client centered. Shawn went on to say:

I realized that I simply do this for different reasons than Weinstein. The Weinsteins of the world think of themselves as businessmen. The client is a fee. The practice of law is the practice of making money.

Although I agree with Shawn's premise the client should come first in the practice of law, I don't believe Shawn intended the practice of law should not be run as a business. In fact, the worst mistake I see criminal lawyers make is not managing their law practices as a business. A business is designed to make money and compete in the marketplace by providing a superior service or product. In fact, making good money and giving clients excellent service go hand in hand.

Years ago I learned "there is always room at the top." "It may be lonely there, but there is plenty of room." In short, work very hard for your clients, charge them a premium fee, provide excellent service, and make a good living. There is nothing wrong with making a good living representing folks accused of crime. In fact, a premium fee should motivate the lawyer to excellence. Regrettably, our love of the game can only take us so far. With families to feed, retirement to fund, weddings and college to pay for, the criminal defense lawyer needs to develop their business both for the client's sake and their own.

The lawyers who have grown their practices into successful businesses are in demand. People want to hire successful people. Not because the lawyers lie and make promises they can't keep, but because they provide excellent service - excellent service motivated by a premium fee. The premium fee creates healthy expectations from both client and lawyer. No problem there. The criminal defense lawyers with good business models are providing what the clients need. No problem there, either. When I treat my law practice like a business my clients reap the benefits. What's the problem with that?

So although I appreciate Shawn's "love of the game," I also appreciate the value of running a good business - the business of law. Don't worry, the Weinsteins will be found out. But without the business there would be no game, for very few of us would practice law just for the fun of it.

My Fee for This Case

I've been practicing criminal law exclusively for almost 17 years and I still think hard when setting fees. Besides a lawyer's competence, the next most important issue to the client is how much the representation will cost. My fee should compensate me appropriately for the effort I anticipate expending for the client. Additionally, my fee should be fair to the client - a price that is hopefully within their acceptable range. But when setting a fee I will always err on the high side, rather than the low.

I love what Michael Sherman had to say about fees on his blog Law for Profit. When building the "perfect" law practice Michael theorized:

Because of their dedication to extraordinary client service and value, lawyers at the Perfect Practice are able to charge premium fees. This does a number of things: it drives off low paying business that you should not want anyway; it allows you to focus on quality instead of quantity; and by reducing the number of cases it allows the staff and lawyers to deliver better service.

I found this wisdom true in my practice of law. My fees run-off a fair number of prospective clients, but the clients that hire me get excellent and personalized service. I am able to work their cases hard since I carry a lighter caseload.

I also appreciate what Scott Greenfield, authoring Simple Justice, had to say on the issue of service:

A criminal defense lawyer is not your new best friend, your teacher or your therapist. He is the one person who stands between you and the awesome power of the government. You need a criminal defense lawyer who understands that his job is to serve your needs . . .

The simple truth is that the best possible result comes from a position of strength, not weakness. The only way to defend from a position of strength is to think "outside the box" to find innovate approaches that relate to the specific set of circumstances for each defendant. To develop a strategy that gives each defendant the best possible hope of success requires enormous effort.

To "think outside the box" a College Station criminal defense lawyer needs time. The fewer cases he handles at a premium fee, the more time the lawyer has to address specific client needs. I can tell both Michael and Scott spend time and work their cases hard because they aren't burdened by low paying business that other lawyers try to attract.

The defense lawyer should strive to charge premium fees to keep their caseload at levels where they can provide extraordinary client service. I can't count the number of cases that turned on a fact or issue I wouldn't have thought of - but for the time I spent thinking deeply about the case. The lawyers making a living on client volume are doing both their clients and themselves a disservice. Clients deserve the best effort we have but we can't provide it when we are juggling 200 active criminal cases, managing the staff, paying the bills, going to court, spending time in recreation, and loving our families.

Lawyers should not be afraid to charge premium fees and clients should not be afraid to pay them. Sure, the premium fee will run-off the price shopping prospects. But those clients are fooling themselves into believing they get quality service at a bottom dollar price. Setting fees will always remain a risk for the committed defense lawyer. However, running a business involves risk. Without risk there is no reward. Risk big - win big. Risk little - win little. Lawyers, don't be afraid to charge the premium fee. Clients, don't be afraid to pay it.

Change is Inevitable

In life change is inevitable. In the practice of law change is often essential to maintaining our competitive edge - both with our adversaries and with our competition. Consequently, always be willing to change the way we do things - to change the way we think - to change the way we approach our client's problems.

Listen to those around us. Ask them how we can improve. The people who often know us best are the people we work with each day. Ask our staff how we can do things better. Value their input. We'll often be amazed with the ideas they contribute. But go the extra mile - implement their ideas. When we do our employees take a more personal interest in our practice and enjoy watching us improve the service we offer clients and their families. It is a win-win situation for everyone concerned - clients and staff alike.

Change is inevitable - embrace it - enjoy it.

Empathy Breeds Success

Assisting clients toward a successful resolution of their criminal case requires great empathy. Understanding client needs, both short and long term, means a criminal lawyer must walk a mile in their client's shoes while maintaining objective professionalism. Trouble comes when the lawyer fails to invest empathy in their client's case, thereby failing to view the case from the client's perspective.

When criminal defense lawyers empathize with their clients they are better equipped to offer encouragement and sound legal advice. Recently, I accepted the case of a gentleman who had recently terminated his relationship with a prior attorney because the attorney had not maintained good communications. Our first objective was to demonstrate empathy for the client by promptly responding to his questions, returning his phone calls, and becoming aggressive in our motions practice. After a short period of time the client was noticeably more confident and appreciative of the effort being invested in his case. Remarkably, the tenor of his letters became hopeful as he recognized someone understood his point of view. All that was needed was empathy.

Walking in the client's shoes can consume a lot of time. It also takes a focused effort and a willingness to invest a bit of ourselves in each of the clients we accept. In the long run empathy pays off - certainly for the client- but also for the lawyer since we know we left nothing on the table at the end of the day.