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The handshake agreement, reached in your office with a new client, isn’t the end of the client intake procedure; it’s just the beginning. Before you spend a single minute on this new matter, you have to take steps to ensure you’ll get paid at the end, and that there’ll be no misunderstandings along the way. The trick is knowing how far to go.

South of the border, lawyers are even being advised to first run credit checks on new clients through credit bureaus — drastic measures, and they don’t seem to have caught on in Canada.

“I’ve never heard of anyone doing that,” says Ross McLeod, practice advisor for the Law Society of Alberta in Edmonton. “We recommend getting a retainer,” and if it doesn’t bounce, the lawyer can feel some safety.”

Look at the engagement letter as a terrific marketing opportunity.

What McLeod does advise is a well-crafted engagement letter to establish the exact boundaries of the retainer and make clear the expectations on both sides. “I recommend them in respect of existing clients, not just new clients,” he says.

For a general retainer, the engagement letter should discuss the scope of the work — what the lawyer will (and will not) do, he says. “The fee arrangement needs to be discussed, and depending on whether it’s a new client or existing client, sometimes you can provide detail as to the hourly rate and new services.”

The duration of the retainer is important, McLeod adds. “Often it’s defined not by time, but by completion of certain projects. A new retainer will be used if there’s something arising out of [those projects].”

The letter should also state which professionals will be working on the file, so that the client isn’t surprised if one of them calls. The list may include support staff, paralegal assistants and junior lawyers. It should also deal with issues of confidentiality and potential conflicts of interest, such as when a lawyer might leave to go to another firm.

And be sure to note what happens if the lawyer’s engagement ends prematurely, at either the client’s or lawyer’s request. “It isn’t critical,” McLeod says, “but it’s certainly helpful to the client if the lawyer leaves the file.”

Finally, look at the engagement letter as a terrific marketing opportunity. “Here’s a chance to really cement a relationship, and perhaps the client will introduce further clients” from it.

Elizabeth Raymer is a freelance writer and regular contributor to National.

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Clients

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The phone’s ringing, the fax is whirring, the piles of files are threatening to topple, there’s a client waiting, and you’re sure you set your briefcase down here just a minute ago. Let’s face it – it’s time to hire some staff. No problem, right? You’ll just put an ad in the local paper and the ideal candidate will walk thought the door and start Monday. If only it were that easy…

According to Service Canada, human resources represent the single biggest cost item for most businesses. And it’s easy to see how that can be compounded if the position you’re hiring for – be it office tech support, office management, legal secretary, or any other position – is in a constant state of turnover.

It's important to hire not only the best candidate for the job, but the one who's the best fit for the job as well. There's no sense trying to fit a square peg into a round hole.

In fact, according to Leisha Shorey, director of human resources for Epana Networks, a New York-based telecom services group, hiring the wrong person is the biggest mistake would-be employers make.

"The typical trap employers fall into is hiring someone that 'will do' but that isn't the dream candidate," Shorey said. "It's always better to wait for the right person than to hire the wrong one. Reactionary hiring will always come back to haunt you."

Tracey Fuller, executive director of The Creative Group, an advertising and marketing staffing service with offices in Toronto, agrees, and adds a caveat of her own: prospective employers need to have a system in place before they start hiring.

"Managers often receive little guidance on how to make good hires, particularly within smaller firms that may lack human resources personnel," said Fuller. "While identifying the most promising candidates may seem straightforward, it's easy to make mistakes along the way. Unfortunately, these missteps can be very costly if the wrong person is hired."

With that in mind, here are a few tips aimed at helping you hire the right candidate with the minimum number of unexpected obstacles.

The job description

The first step towards hiring someone to fill a position is to outline exactly what the position is and what duties it entails. And that means you’ve got to figure out what it is you’re looking for.

What to include in a job description

• Job Title • Based at (business unit, section - if applicable) • Position reports to (line manager title, location, and functional manager) • Job Purpose Summary (ideally one sentence) • Key Responsibilities and Accountabilities (or duties typically 8-15 numbered points) • Dimensions/Territory/Scope/Scale indicators (the areas to which responsibilities extend and the scale of responsibilities – staff, customers, territory, products, equipment, premises, etc) • Hours of Work • Date and other relevant internal references

– Service Canada

The Internet can be an incredibly valuable resource in this respect. Check out online job sites – like the Globe and Mail’s workopolis.ca, CanWest’s working.canada.com, and monster.ca, just to name a few – to get an idea of what responsibilities fall under which job titles. This will help you ensure that people with years of experience as office administrators aren’t applying to a job that’s actually closer to a file clerk, for example.

"It's great to be in a booming job market, but job-seekers and employers need to be strategic in their search and use all available screening tools to make the process more efficient," said Patrick Sullivan, president of Workopolis. "Job-seekers need to be careful to only apply for jobs they have the right qualifications and skills for. And employers need to clearly list the specific qualifications and skills they are looking for in their job postings."

Write job descriptions in short sentences using action words, like “writes,” “files,” “organizes,” etc. (If you’re still not sure, Service Canada provides a sample job description and a job description template). Once you’ve got the description down and revised, it’ll form the basis for the ad you’ll place in order to attract prospective applicants.

There's one area of focus that's especially key, said Shorey: "Responsibilities of the role. Transparency of expectations is critical in a job description."

How to interview

So you’ve placed your ad, got your responses, and narrowed the candidates down to a manageable number. Now it’s time for the interviews, your chance to meet your prospective employees face-to-face and see if you think they’ll be able to lend their expertise to helping your practice thrive.

Essentials to mention during the interview

When hiring, be clear about: • the employee’s duties • the start date (and end date, if applicable) • the hours of work • the rate of pay • benefits (if any) you’re providing • any probation period

– Government of Ontario

The interview is both a critical part of the process, and at the same time, an evaluation that is almost entirely subjective. Service Canada estimates that 86 per cent of employees hired by interview alone – that is, without a skills test and reference check – won’t end up being the right person for the job (another reason why it’s important to check references – that’ll be covered later).

What are you asking during the interview process? Well, in addition to stock questions about education, experience, and career direction, you also have to ensure the person you're interviewing can respond well to scenarios that might crop up on a day-to-day basis.

Sounding out a prospective employee on how they might react to a given situation is key, Shorey says. "Always ask behavioural questions, and always request examples. Ask questions like 'Tell me about a time that this scenario happened, and how did you overcome it? What were the effects on the initial objective?' Ask for examples of conflict that have cropped up in previous jobs and how the applicant addressed the conflict. Typically, the best questions come from a result of an answer they have provided previously in the interview."

But while you're asking questions, make sure there's some that don't get asked. All provinces have human rights legislation that prohibits discrimination on the basis of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, age, family status or handicap. Some provinces have also included sexual orientation and marital status. Be sure not to ask any questions during the interview process that might leave you open to charges of discrimination on one of the listed grounds.

Checking references

At this point, you think you’ve found your candidate. Now it’s time to check with their past employers. A candidate with a good work history will have no problem supplying you with the names of two or three former employers or supervisors, while someone with limited experience may also supply character or academic references. Be wary of candidates that give you home or cell phone numbers for references – without calling through a business number, it’s difficult to verify that the person you’re talking to actually works where your candidate claims they do, or has ever worked with that candidate, period.

Ask direct questions about employee performance, attendance, and competency. Listen carefully to the answers. Unusual hesitation, evasiveness, negativity or over-enthusiasm are good indicators of hidden or incomplete responses.

Employee entitlements

If you’re working for yourself, you set your own hours, and often work to the clock. But if you’ve got other people working for you, they’re covered by a specific set of laws dealing with employment standards. Your province’s employment standards legislation will outline the maximum number of hours that can be worked in a week, lunch breaks, vacation requirements, statutory holidays, and a host of other requirements you’ll need to be aware of as an employer.

Provincial and territorial employment standards links

Alberta British Columbia Manitoba New Brunswick Newfoundland and Labrador Nova Scotia Northwest Territories Nunavut Ontario Prince Edward Island Québec Saskatchewan Yukon

Once you hire an employee, you’re handed a new set of responsibilities by various levels of government. They include abiding by the appropriate employment standards legislation, paying your employee regularly, making regular payments to the federal and provincial governments on behalf of your employee, and contributing your portion as well (income tax, Canada Pension Plan, Employment Insurance, paid vacation and statutory holidays and possibly workplace safety premiums).

You’re also responsible for maintaining records about your employees, providing your employees with a workplace that’s safe and free from discrimination, motivating your employees and giving them constructive feedback, providing training for your employees, providing and maintaining any equipment your employees need, and taking legal and financial responsibility for your employees’ actions.

For their part, your employee is responsible for living up to the terms and conditions of employment, including completing their tasks, showing up to work on time, and abiding by office standards and policies.

"Employers need to understand what keeps their employees happy and motivated at work," said Sullivan. "No matter what the job, people want positive feedback and suitable financial compensation. Improving retention can be as simple as listening to staff needs and acting accordingly."

Together, you and your employees are part of a team – one dedicated to running your practice and getting the best results for your clients and your business.

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HR

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Are you the same as all other lawyers? Of course not. But do your prospects and clients know how you're different?

One of the most important functions of marketing is to emphasize the ways you differ from your competitors. Yet if you interviewed your prospects and clients, they might tell you one lawyer is the same as another.

Everything you do to attract new clients and maintain current client relationships should clearly state how you differ from other lawyers.

Some time back, I heard the marketing director at a large law firm say that her lawyers weren't any different from lawyers at dozens of large firms. If she truly believes that, the firm needs a new marketing director, because she just surrendered in the face of her competitors.

How do you stand out from the crowd?

No two competing lawyers are exactly the same. No other lawyer on the planet has exactly the same education as you. No other lawyer has served the same clients -- or handled the same cases -- as you. No other lawyer has taken the same continuing education classes as you. As a result, no other lawyer will make decisions exactly the way you do.

Whether this makes you liberal or conservative, aggressive or passive, here's the point: every bit of information and experience that you absorb affects how you provide advice and services to your clients. Your advice and services are not like those provided by any other lawyer. You should promote your uniqueness as one of your major competitive advantages.

Competitive advantages and disadvantages are determined only by what is important to your prospects and clients. If you've been in practice 20 years, you could conclude that your tenure is a considerable competitive advantage. But if your prospects don't care whether their lawyer has practiced for 20 years or five years, it's no advantage at all – at least, not to that group of prospects.

Here's your assignment: the positive ways you differ from other lawyers are your competitive advantages. The negative ways you differ are your competitive disadvantages. Identify both, so you know your strengths and weaknesses.

Look at the following categories from your prospective clients' point of view. Write down your answers to each question, and then label whether you think the answer is an advantage (A), a disadvantage (D), or whether it is neutral (N) in your prospects' eyes.

Look first in these areas:

Evaluate your qualifications: Where did you graduate from law school? How long have you practised law? To which bars are you admitted to practice? Which, if any, certifications have you received? List your professional memberships in bar associations, bar sections, lawyers' groups, and the like.

“Your competitive advantages benefit you only if you make them known to your prospects. So start by memorizing the many ways you're different. When you talk with prospective clients, explain your competitive advantages as part of your conversation. ”

Evaluate your experience: Overall, how wide or narrow is the area of law in which you practise? What types of cases or problems do you handle? Specifically, what types of cases or problems are you most experienced at handling? Do you have experience in one particular area at which you could be considered an expert? If so, which area? What specialized skills do you have? Are there any types of cases in your area of the law where you don't have much experience?

Evaluate how you serve clients: What specific services do you provide? How long do clients wait for their case to be resolved? How long does it take you to return phone calls? If a prospect or client needs to see you right away, how soon can he meet with you? How much do clients typically pay for services? How pleased are clients with the results?

Evaluate the physical environment in which you serve clients: Is your office location convenient for your clients? Can your clients easily find a parking space? Covered or uncovered? Do your clients have to pay to park? Is your complex physically attractive and inviting? Is your office easy to find and easy to walk to? Is your office reception area attractive and inviting? Is the furniture comfortable? Are your magazines current? (Recently, I picked up a magazine in a doctor's reception room that was 11 years old.) Does someone greet your guests and offer them something to drink when they enter your reception area?

Evaluate your office or the room where you meet with clients: Is the furniture comfortable? Is the room neat and orderly? Are the floor and windows clean? Do you sit with clients on the same side of your desk? Do you sit across the desk from clients, allowing the desk to form a barrier between you and your guests?

Evaluate your office procedures when you're involved in client meetings: Do you insist on no interruptions? Do you bar phone calls except in emergencies? Do you give your guests your undivided attention? Do you allow guests enough time to discuss their problem?

One more important advantage: If you use education-based marketing, your educational efforts become a significant competitive advantage. People who request your educational materials, as well as your existing clients, receive your monthly newsletter. They receive invitations to your seminars. You invite them to call you with their legal questions. And so forth. In this way, the marketing method you choose can be a major competitive advantage that leaves other firms in your dust.

If you think of anything else that distinguishes you from other lawyers, add it to this list.

Your competitive advantages benefit you only if you make them known to your prospects. So start by memorizing the many ways you're different. When you talk with prospective clients, explain your competitive advantages as part of your conversation. Likewise, in your written materials, feature your competitive advantages, because those are the reasons prospects hire you.

Trey Ryder is the Lawyer Marketing Department Sponsor For Jersey Justice http://www.JerseyJustice.com. TREY RYDER LLC Education-Based Marketing for Lawyers. Lawyer Marketing Advisor http://www.TreyRyder.com.

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Marketing

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To get the most from your vacation, you needto let go and focus on the present moment. That’s the advice of Dr. Serge Marquis, a consultant and speaker on professional stress and burnout. Here's how to do it.

Plan vacations a long time in advance. You need to complete any outstanding matters or delegate responsibility for them to someone who can handle them in your absence. Don’t take work with you. Take the necessary measures to fill the gap you’ll leave before, and not after, your vacation. “Some people believe that they'lll be able to free their mind and disconnect once they're away,” says Marquis, adding that’s not likely unless they prepare well before their departure.

You won't be able to enjoy scenes like this if you're worrying about what's happening at the office while you're gone.

That’s what Stéphanie Marin of Gilbert Simard Tremblay in Montreal does. “I always take my vacation at the same time every year, so I don’t have trial dates during my absence," she says.

"At least two weeks before I leave, I go through my cases one by one and try to finish them. For work in progress, I leave notes in the file and take the time to explain to a colleague what there is to do,” she explains.

In addition, to avoid an avalanche of messages and mail when she returns, Marin ensures that all forms of communication are covered. “A colleague receives and manages all my mail and significant case law reports,” she says. “As for e-mail and telephone calls, a message informs clients of my absence, the date of my return, and the name of a person to contact. This covers all my clients, but I call some of them anyway to reassure them, tell them where their case is, and give them the name of my colleague.”

All these measures not only take care of clients’ interests, they also contribute to your ability to "focus on the moment" when you're on vacation. You can stop thinking about the office and begin to have a good time. You don’t need to go to the end of the world to do this. You just need to ask yourself the right questions: What makes me happy? What can I do to enjoy the moment? “I know, for example, someone who enjoys going to see the World Film Festival on his vacation,” says Marquis. “As for me, my passion is writing, and I've taken vacations at home before to write, and I’m happy there.”

Indra Balassoupramaniane is a regular contributor to National.

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Practice

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The law is a living, breathing organism -- which is fantastic for our society. But if you’re trying to keep up with the latest in legal developments, our ever-shifting body of law presents its own set of problems.

Whether you’re a solo practitioner or you work in a small firm, getting away from your office to keep up with your legal education can be near-impossible. You have clients to juggle, bills to pay – and collect – court appearances to make, and, somewhere in there, a life to lead.

So how do you do it? More importantly, how can you do it?

Really Simple Education

The Internet is full of great resources for lawyers. But who’s got time to look – and where do you find it, anyway?

Enter RSS, or Really Simple Syndication, an easy-to-use method for content distribution. Through a simple file on the host site, RSS feeds allow you to read through the artcle headlines you want, from your desktop, without having to browse the Web.

If you've got a computer, you've got a window into educational programs you can access without ever leaving your office.

If you’re using a newer-model e-mail client, like Thunderbird, or a web browser like Firefox, you’re already set up to receive RSS. The corporate world, however, is still heavily dependent on Microsoft products like Outlook and Internet Explorer, which aren’t RSS-friendly – yet. (Microsoft announced this year that both Outlook and Explorer will use RSS in their next versions, both due this year)

But if you’re not planning on upgrading, and don’t make use of an RSS-enabled mail client or browser, how else can you get the news? Download a free RSS feed reader like RSS Reader or Feed Reader and follow the simple installation instructions.

You can choose how often you want the reader to check for updates – pick a timeframe that works for you. If you go through your e-mail or read the paper first thing in the morning, it’s easy to incorporate reading your RSS feeds into that timeframe – think of them as an electronic newspaper delivered right to your door.

Where do you find the feeds to load into your reader? Most RSS feeds come from blogs – web logs – produced by writers with expertise on a given topic. Many Canadian lawyers have gotten in on the action, producing well-written, thoughtful “blawgs” (more on this in National’s April/May 2005 issue) that review developments in particular areas of law, trends in the profession, and practice management tips.

You can spend time surfing the Internet looking for them, but who’s got that kind of time? Thanks to the Vancouver Law Librarian Blog, here’s a list of Canadian law blogs, most of which come equipped with RSS feeds (look for the orange RSS or XML icon). Just copy-and-paste the feed address into your reader, and the news will come to you.

The ‘Pod People

Even if you think it’s got something to do with fly fishing, you’ve probably heard of podcasting. Named after the ubiquitous Apple iPod, the portable music player that’s taken the world by storm, podcasting is, at its simplest, the wide distribution of audio files that can be played on a portable audio device.

Think of them as talk-radio-on-demand. Most podcasts take the form of either commentary by a single ‘host’ or panel discussions and interviews – only without the annoying callers. But podcasts are highly focused, informative, and interesting.

The Apple iPod is one of a number of portable music players that can be used to listen to podcasts.

Although there aren’t – yet – many Canadian sources for podcasts, both Osler, Hoskin & Harcourt LLP and CBA PracticeLink (see article below) are great places to get familiar with the technology. From there, it’s an easy jump to sources like the U.S-based Legal Talk Network (featuring podcasts such as “Law is Business,” aimed squarely at running your firm) and Wired GC. Podcasts grew out of blogging, so you’ll find some bloggers who either have branched off into podcasting or produce podcasts in parallel with their blogs.

How can podcasts help you? By allowing you to make use of what little downtime you have. Because they were developed for portability, you can listen to them in the car, in the morning while getting ready, while getting a bite to eat – there are endless possibilities.

Don’t own an iPod – or can’t get the kids to let go of theirs? No problem. You can listen to podcats using any MP3 player, regardless of brand, or through whatever media player – such as Windows Media Player, Winamp, or RealPlayer – is installed on your computer. Or you can burn the files to CD and listen wherever you’ve got a CD player.

Video killed the radio star

Traditional continuing legal education programs require you to spend time traveling to a central location to hear a speaker or discussion. That’s time you, as a solo or small-firm practitioner, can ill afford to spend, especially if you’re outside a major urban centre.

Recognizing this, more education providers are offering a wide variety of distance-education options. The Canadian Bar Association, for example, has moved into the online CLE field, presenting interactive programs that allow speakers to deliver audio and visuals and allow attendees to ask questions of speakers in real-time.

And the CBA isn’t alone. Provincial education providers are also exploring their options.

“...there’s a number of options available, and those options are growing all the time. As lawyers’ familiarity with, and access to, technology grows, so will demand for programs delivered online.”

The Continuing Legal Education Society of British Columbia offers online video and audio over the phone in its online CLE programs. As well, CLE-BC in the midst of an eight-month trial project that delivers pre-recorded online CLE programs on demand, allowing you to schedule your education for when you’ve got the time to give it your full attention. And the Legal Education Society of Alberta offers online seminars – pre-recorded materials – and live webcasts.

In short, there’s a number of options available, and those options are growing all the time. As lawyers’ familiarity with, and access to, technology grows, so will demand for programs delivered online. Check with your local CLE provider to find out what programs they offer for distance education.

Jared Adams is the editor of Addendum.

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Tech Talk

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If you work solo or in a small firm, your time is important – not just to you, but also to your clients. In this edition of 5 Sites, we track down five websites dedicated to using tips and tricks to help you get the most out of your day.

1. Lifehacker – http://www.lifehacker.com. Need to know the details on the latest software application that claims to make you more productive? How about a sure-fire way to open stuck jar lids? From the perfect way to fold a T-shirt to getting the most out of your Blackberry, this weblog offers all sorts of tips and tricks to get you through any conceivable situation. Updated several times a day, this is a great resource to find ways to save time you never would have imagined..
2. 43 Folders – http://43folders.com. Another site dedicated to “personal productivity, life hacks, and simple ways to make your life a little better.” 43 Folders also has a wiki that allows readers to contribute their own lifestyle and productivity tips, a collection of podcasts, a message board, and enough information to reorganize even the most chaotic office. Plus, as a bonus to some readers, 43 Folders bills itself as proudly “Apple Macintosh-centric” on the technology side of its advice.

Does your computer look like this? Then you really need to check out these sites.

3. Slacker Manager – http://www.slackermanager.com. Got at least one employee? Then you know that sometimes it’s hard to put on the manager’s hat when your practice is demanding your full attention. So make the most of your time and check out this weblog full of tips on managing – including how to spend the least amount of time actually managing while still being a productive manager. Go on, check it out – it’s not like the boss will catch you…
4. To-Done – http://www.to-done.com. A weblog site providing a “regularly updated collection of thoughts, writings, tips, tricks and information on personal productivity, work/life balance and getting things done.” Also provides tips on small businesses and how to run them, which will be appreciated by anyone who’s ever had to get a new practice up and running. The tips on work/life balance will strike an immediate nerve.
5. Real Simple – http://www.realsimple.com. The online presence for Real Simple magazine and Real Simple TV, this multimedia experience says its mission is to “help our readers do the things they have to do, so they can spend more time doing what they want to do.” While it’s targetedprimarily to women, everyone can find something in its solutions directory of over 5,000 tips that’ll help their day go a little smoother. Plus, you can sign up for an e-newsletter to get the latest tips directly in your inbox.

Jared Adams is the editor of Addendum, which he expects to publish far more regularly after visiting all these sites.

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5 Sites

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In Part II of our series on New Media Marketing, learn how RSS has the potential to revolutionize the way lawyers communicate. RSS is the power behind the growing popularity of blogs, and is an effective way to deliver your content to users in real time.

Part I – Blogs: How Lawyers Can Become Thought Leaders in a Niche Market

Also new on CBA PracticeLink…

Don't know what this icon represents? Visit CBA PracticeLink to find out how you can put it to work for you.

Podcasts (audio file with synchronized presentation):

• How to Manage Your Cash Flow: Use Your Banker As Your Partner (audio download)
• Create a Winning Client Retention Strategy in 5 Steps (audio download)

Articles and tips:

• Plain Language Legal Writing
• How to Write an Engagement Letter
• Office Space: Real-Estate Realities for Solo and Small Firms
• 4 Ways Solos Have the Upper Hand on Big Firms

Plus, don’t forget to check out our section devoted to starting out and going solo. For all this and much more, visit http://www.cba.org/practicelink.

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PracticeLink