As an attorney coach, when I ask the question, “How’s business?,” I usually get a response in the area of “fine” or “could be better.” When we delve a little deeper, we find that the attorney has no idea how to answer this question or how to go about evaluating exactly how the business is going. Yet, we all know that early identification of areas needing improvement can forestall later disasters. I’m going to give you a solid plan to assess exactly how all aspects of your business are faring and what might need correcting. Much of this will also cover a virtual firm. Make it work for you.
To begin, it is important to understand that for our purposes, any business is made up of three elements: equipment and management, competency, and marketing. If any of these areas are lacking, the business is not functioning at its best. So, gather all your spreadsheets, latest tax return, monthly accounting containing your income and expense reports, marketing stats, and any other materials to review. Here we go:
Equipment and Management
Equipment includes computers, phones, desks, and all other permanent fixtures. Management is the aspect of the firm that is built by the “systems” that are set up and how they are operating. This includes the support staff and how effective it is.
The questions to ask yourself are:
- Do clients have easy access to my office? Does this include new clients as well as present clients? (Major complaints to the bar come from this one).
- Is my tech up-to-date and working? Do I need to add any new tech?
- Are all my machines working at their full capacity? Do I need to update, add, or delete any?
- Do I need more staff? Do I need less staff? Does my staff need more training?
- Do I need to review any of my management systems? This includes monthly financial reports, how cases are handled by staff, closing cases, and all the other systems that have been set up to run the firm.
- How is my firm’s financial situation? Am I covering my expenses? If not, how much more income do I need?
- Do I have realistic budgets for my office and for personal expenses?
- Is my trust account up-to-date? Do I audit it on a regular basis? Are payments that cannot be delivered being adequately and timely handled? (This is another one that can cause big trouble with the bar.)
- Is there a system in place to address attorney wellness, including burnout and stress?
- Do I have an up-to-date sexual harassment policy readily available? (If not, check your state requirements.)
- Have I recently reviewed my insurance policies? Are they all up-to-date, especially my malpractice insurance?
- As a solo, are my estimated taxes being deposited correctly and timely?
Competency
Competency is often thought of as being able to give clients and adversaries correct information about your area of the law. Actually, it also impacts your ability to have the confidence that you are up-to-date with the latest changes in your practice. This includes spending the time to keep current on ethics principles as well as any current influences on your practice.
- Am I up-to-date on my MCLE obligation?
- During the past year, have I had any cases causing me to research extensively? Should I explore this area in greater depth?
- Do I want to add any other areas to my practice?
- Do I want to consider a niche for my practice? If so, what will it take to start exploring this?
- Am I current with any and all new laws in my areas of practice?
- Am I current with any and all new ethics rules?
- Do I have two or three attorneys I can call for advice?
Marketing
Start your review of your marketing with your responses to the financial health of the business. If your financial goals are being met, then it would appear that your marketing is going well. You may then want to look at the financial numbers and see if you are also setting aside retirement monies, rainy day monies, children’s college fund monies, and cash on hand. You may then decide to increase your marketing.
Let’s take a look at your current marketing:
- Do I have a sufficient number of networking opportunities?
- Do I belong to worthwhile groups?
- Do I keep track of where my referrals are coming from? Do I thank people who have referred to me?
- Do I let my staff know that I am looking for referrals?
- Have I designated a target market?
- Do I have a mission statement?
- Do I have a marketing plan?
- Is my website up-to-date? Does it have an easy way to interact with it? Does it have appropriate recommendations? (I hate the term testimonials.)
- Is my social media appropriate? Do I understand the dos and don’ts of using social media?
- Do I have a LinkedIn account? Do I understand how to use it?
- Is my marketing budget appropriate?
- Do I do any writing or contribute to any publications in my areas? If not, should I add some?
- Do I have a current contacts list? Have I “touched” people on my contacts list in the past six months?
- Should I send a monthly newsletter to my contacts list?
- What type of branding do I use for my firm? Is it working? Is it comfortable? Do I keep it current?
Now that you have spent an hour or so answering questions about your practice, what’s next? First of all, take a good look at the aspects of your practice that you want to work on or at least think about some more. What parts of your firm seem strong? Weak? Not sure? All this needs to be written down and reviewed. Goals can be set for further work on the weak areas.