
Reinventing Your Law Practice: Ten Tips on Implementing Change
by Reid Trautz
I. Why Reinvent My Practice?
This question begs the corollary question: Why not? There are some lawyers who are completely satisfied in their practice and have no intention to change a thing. Of course I've never met one of those lawyers, not one. I have listened and talked to many lawyers who were yearning for something different, all for a variety of reasons:
Increased Profitability
Better Organization
Reduced Frustration
Improved Client Services
Reduction in Workload
Improved Legal Abilities
Sharpened Practice Focus
Better balance between Work and Home Life
More Enjoyment/Fulfillment in the Practice of Law-New Challenges
Retirement Planning
II. What Things Can I Really Change?
A practicing lawyer can change four aspects of their practice: practice setting, practice area, clients, and/or their attitude-without putting too fine of a point on it! Let's take a closer look.
Practice Setting: This is the area where lawyers can often make the biggest changes-changes in the infrastructure to deliver legal services:
Different partners, associates or firm
Change in location
Improved office setting, layout, design
New and expanded systems and procedures
Changes in non-lawyer personnel
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. 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(s): New practice areas bring new challenges that can create a renewed sense of personal and professional satisfaction in the law. A lawyer should learn the new area to gain competence before representing clients. Taking CLE courses in your area is a good start. Try to choose practice areas that are complementary to your existing cases and clients; that will help with marketing the new practice area.
Attitudes: The final aspect of your practice that you can change is your attitude. Yes, it sounds harsh, but sometimes all it takes is a personal decision to enjoy what we have. Taking time to reflect on your current situation is what reinvention is all about. If the process leads you to a decision not to change the other aspects of your practice, maybe it is attitude adjustment time. That can include such things as a sabbatical or counseling or other self-improvement.
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. But 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 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 will depend on your objectives. In a small firm setting, you may wish to include the business owners (i.e., partners) and all income generators (i.e., associates). This will help create a consensus for making the plan succeed. If you are in a solo practice, you can do this on your own, although it may be helpful to have an experienced colleague work with you to help you honestly answer some of the hard questions. This process may also be used by a small firm lawyer to individually set career goals.
IV. Questions to Ask
Brainstorm through these questions and others you may develop on your own. Write down all responses/answers; you can go back later and prioritize the responses if it helps:
Start with self-assessment questions:
- Objectively, what does my practice/our firm look like right now? Why? Describe.
- Being candid, what do I/we like most about our practice or firm?
- Being candid, what do I/we like least about our practice?
- What do my/our finances look like? (Annual income & expenses for the past 1,3,5 years; revenue growth; accounts receivable; accounts payable, value of work-in-progress, etc.)
- Where does the income come from (practice areas), and which clients are providing the income?
Then conduct an outward assessment:
- How is my practice perceived by clients, colleagues, and my referral sources?
- What factors are presently influencing my/our practice or firm? (Economic, technologic, social, professional)
- What changes in those factors will influence my/our practice in the next 1-5 years?
Finally, ask forward planning questions:
- What do I/we want from the practice/firm? (Time, money, freedom, prestige, stimulation, personal satisfaction, etc.)
- What objectives do I/we hope to achieve?
- What goals can I set to achieve this?
- How will I/we achieve these goals, and what resources do we need to be successful?
V. Implementation of Your Reinvention Plan
Writing down the plan
- Long and short term goals and objectives
- Set priorities by time or importance
- What obstacles are there to successful implementation?
- What personal behaviors must change to make implementation successful?
- What persons will we need to make implementation successful?
- How do I/we measure and chart my/our progress?
Progress Checks and Follow-Up Sessions
- Schedule time each month to check your progress. Don't let your plan get lost on your desk.
- Don't worry about lack of progress; turn the worry into action!
- Hold 2-3 follow-up sessions within a year to analyze progress, set new short-term goals and revise any objectives of your dynamic strategic plan. These need not be secluded locations, but should be free from interruptions and distractions for several hours or more.
- Schedule these monthly reviews and follow-up sessions now. Put them on your calendar, and do not allow them to be postponed, except for an unavoidable court matter.
VI. Reinvention is An Eleven-Letter Word for Strategic Planning
Now here's the dirty little secret-reinvention is really another word for strategic planning-two words that repel many lawyers.
Strategic Planning is a dynamic process to envision and choose a preferred future, coupled with the creation of the infrastructure and procedures to achieve that preferred future. The resulting strategic plan will provide guidance to the lawyer or law firm how to make the envisioned future a reality.
If we don't invest some time to determine our future, then someone else will do it for us, but we're almost guaranteed not to like the outcome.
Copyright 2004 by Reid Trautz. No reprinting without the consent of the author. All rights reserved. Reprinted with the permission of Reid Trautz. The article was produced by Reid Trautz for a program presented that he presented at the 2004 Solo and Small Firm Conference. He can be reached at rtrautz@cox.net.
Strategic Planning in a Nutshell Worksheet
Who Am I?
What Do I Want to Be?
How Am I Going to Get There?
When?
How Will I Know When I Get There?
Strategic Plan Progress Report (for month of ____________________)
Strategy/Objective/Goal Person Responsible Date Due Progress/Results to Date Revised Due Date, if any
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