Presented by Cynthia Sharp• Professional CLE Speaker• Attorney Business Coach

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TAKE CHARGE OF YOUR LIFE:PERSONAL AND PROFESSIONAL

Event Sponsor:

March 14, 2013

Preliminary Thoughts

•I would be really happy if we could cover the

following:

•I decided to attend “Take Charge” because:

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Strategic Skills

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• Manage client expectations

• Create a culture of client communication

• Deliver top notch client service

• Develop a powerful & loyal staff

• Stay on top of pending cases

• Minimize daily stress & irritation

Johari Window

What You Know About Yourself And Everyone Else

Knows Too

What You Know About Yourself But Nobody

Else Knows

What Everyone Else Knows About You But

You Don’t Know

What You Don’t Know About Yourself And

Nobody Else Knows Either

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“Insanity: doing the same thing over and

over again and expecting different

results.”

- Albert Einstein

- Albert Einstein

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Goal Setting Tips

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•Aim high!

•Set specific goals

•Firm deadline

•Don’t allow current results to control

•Know that you are worthy!

•Take action even if you don’t know all steps

Diligence provides: “A lawyer shall act with reasonable diligence and promptness in representing a client.”

Rule 1-3

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Causes of Lack of Diligence• Too much

work

•

Procrastinatio

n

•

Disorganizatio

n

• Incompetency

• Personal

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“Procrastination is a mechanism for coping with the anxiety associated with starting or completing any task or decision.”

- Neil Fiore, Ph.D.

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Symptoms of Lack of Diligence

• Failure to timely file pleadings

• Missed court appearances/meetings

• Files have grown mold

• Numerous requests for extension

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Activity Management Concept - Covey Quadrant

I. Urgent/Important

II.Not Urgent/Important

III.Urgent/Not Important

IV.Not Urgent/Not

Important

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The Ideal Week

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The Ideal Week

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The Ideal Week

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The One Year Challenge

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The One Year Challenge

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Rule 1-4

(a)    A lawyer shall:

(1)promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these Rules;

(2)reasonably consult with the client about the means by which the client's objectives are to be accomplished;

(3)keep the client reasonably informed about the status of the matter; promptly comply with reasonable requests for information; and

(4)consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows that the client expects assistance not permitted by the Rules of

(5)Professional Conduct or other law or assistance limited under Rule 1.2(c).

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COMMUNICATION WITH PERSON

REPRESENTED BY COUNSEL

In representing a client, a lawyer shall not

communicate about the subject of the representation

with a person the lawyer knows to be represented by

another lawyer in the matter, unless the lawyer has the

consent of the other lawyer or is authorized to do so by

law or a court order.

Rule 4-2

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Strong Case Management System

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Develop Rapport

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Ask Open Ended

Questions

Listen Actively

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Keep Client Informed

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Defining The Terms of Client Service

•Retainer Agreement

•Non-engagement Letter

•Termination Letter

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Retainer Agreement

•Responsibilities of Lawyer

•Obligations of Client

•Scope of Representation

•Lay Out Stages of Case

•Payment of Costs

•Retainer Policy

•Billing and Payment Policies

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Retainer Agreement•Grounds for Withdrawal

•Nonpayment

•Client Misrepresentation

•Failure to Cooperate

•Client Requests Unethical Behavior

• Include Sunset Provision

•New Agreement for Each Matter

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Non-Engagement Letter

•Anytime You Don’t Accept Matter

•Recommend Second Opinion

•Be Brief and Polite

•Record of Transmittal

•Anytime You Don’t Accept Matter

•Recommend Second Opinion

•Be Brief and Polite

•Record of Transmittal

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Termination Letter

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•Reason for Termination

•Conclusion

•Nonpayment

•Conflict Discovery

•Client Terminates

•Failure to Cooperate

•Reason for Termination

•Conclusion

•Nonpayment

•Conflict Discovery

•Client Terminates

•Failure to Cooperate

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Termination Letter

•How to Obtain File

•Status of Fees

•Client Satisfaction Survey

•Ask for Referral

•Ask for Testimonial

•How to Obtain File

•Status of Fees

•Client Satisfaction Survey

•Ask for Referral

•Ask for Testimonial

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Client Relations

•Welcome Letter

•Client Satisfaction Survey

•Phone Appointments

•Welcome Letter

•Client Satisfaction Survey

•Phone Appointments

Attorney Competence

Rule 1.1 provides that “A lawyer shall provide

competent representation to a client.

Competent representation requires the legal

knowledge, skill, thoroughness and preparation

reasonably necessary for the representation.”

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Business Expertise• Business Creator

• Business

Operator

• Business

Innovator

• People

Developer

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Leverage Yourself

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“Leadership is the art of getting

someone else to do

something you want done because he

wants to do it.” Dwight D. Eisenhower34th President of the United States

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“The Buck Stops Here”

Popularized by Harry S Truman

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Delegation Dynamics

•The Fundamental Process

•Delegation Reluctance

•Problematic Delegation Problems

•Action Plan - Moving Forward

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Setting the Stage

•Organization Chart

•Regular Staff

Meetings

•SOP Manual

•Culture of Trust

The Fundamental

Process

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Types of Delegation

•BASIC: Expectation is to follow instructions

explicitly

•CHALLENGING: Responsibility for an

outcome

The Fundamental

Process

What can I

delegate?

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The Responsibility Shift

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The Responsibility Shift

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•Review the assignment. Loose ends?

•Clearly define the responsibility to be

assigned

•Who is right for the job?

•Team Attitude

The Fundamental

Process

The Preparation

Phase

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•Specificity as to end result

•Explicit authority (or lack

thereof

•Available resources

•Set specific deadlines

The Fundamental

Process

The Explanation Phase

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•Confirm understanding of

assignment

•Encourage Questions

•Support and Communicate

•Give Feedback

The Fundamental

Process

The Conversation Phase

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•Discourage Upward

Delegation

•Watch Out for Re-

delegation

The Fundamental

Process

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Delegation Reluctance

“Old habits die hard.”

~ English Proverb

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•Nobody does it better

•Not enough time

•Fear of Resentment

•Unclear as to Authority

Delegation Reluctance

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Problematic Delegation Styles

Procrastination

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Problematic Delegation StylesMicromanagement

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Problematic Delegation Styles

Dump and Run

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The Mistake Process“Mistakes are a part of being human. Appreciate your mistakes for what they are: precious life lessons that can only be learned the hard way. Unless it's a fatal mistake, which, at least, others can learn from.”

~ Al Franken, "Oh, the Things I Know", 2002

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The Mistake ProcessDelegator

•Private Discussions

•Support with Corrective

Measures

•What is the “Learning”?

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The Mistake ProcessDelegatee

•Confess quickly (if you find the mistake)

•Ask for support where needed

•Create process to avoid similar errors

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MRPC 5.1 Responsibilities Of Partners,Managers, And

Supervisory Lawyers

MRPC 5.2 Responsibilities Of A Subordinate Lawyer

MRPC 5.3 Responsibilities Regarding Nonlawyer Assistants

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The Reality FocusSelf Assessment Tool

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Work/Life Balance

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Take Charge Plan

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Four Decisions

•Decide what you want

•Decide what you will give up to get what

you want

•Decide to take personal responsibility

•Decide what value and service you are

going to offer

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“If you plan on being anything less than you

are capable of being, you will probably be

unhappy all the days of your life.”

- Abraham Maslow

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