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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowHappy New Year to all, and thanks to a handful of friends who asked me to once again begin my column this year with a few suggestions to get off to a strong start.
None of these ideas are unique, but I hope that they will be a reminder of things that we can all do to surge into the new year.
Civility matters: Everywhere I go I hear lawyers and judges complain that they have seen a breakdown in civility. Most attribute it to the political polarization that has occurred in recent years.
However, I believe that it is also simply a manifestation of the fact that law is an adversarial occupation in which we often represent opposing views for clients who are frustrated and often hateful toward one another.
We sometimes have no choice but to be confrontational, and some lawyers feel that they must adopt their client’s anger in order to appear aggressive for the client.
Incivility is expensive. It results in communication battles and motion practice that take our time and cost our clients fees and delays. It creates stress and unhappiness. It is not necessary.
I urge everyone to view your client’s case as a problem that you and opposing counsel must solve.
Collaborative problem solving requires thought and patience, but it is usually possible if we simply communicate with one another. Ultimately, civil lawyers and their clients do better than those who are uncivil, so I encourage you to think about your own practices and move to civility in all you do.
More “get to” and less “got to:” Most of us do not take the time to reflect on just how fortunate we are to practice law.
Issues that are a mystery to the lay community are things that we understand. We handle matters of great importance to our clients and our society, and we see the insides of courtrooms and boardrooms that others will never see.
Nevertheless, we often feel burdened by our work. We turn down family and social invitations because we have “got to” get ready for a trial or we have “got to” to write a brief or take a deposition.
We obviously cannot ignore the tasks that keep us busy, but if you adopt that attitude that you “get to” try a jury trial or “get to” depose a witness or “get to” negotiate a deal, you will be much happier. Figure out how to view the burdens of your practice as opportunities, not inconveniences.
Plan your year now: Before you rush headlong into the year, take an hour or two and survey your calendar for what you have coming in the next twelve months. Schedule your vacations and long weekends now.
If you have things that will require lots of prep time, work the prep schedule into your calendar now rather than waiting until things get closer.
Most importantly, firms of all sizes should be doing a budget that accurately reflects your known and predictable income and expenses. By budgeting and adhering to the budget you will have a sharper focus on what you need to do to profit and how you can avoid unnecessary spending.
Survey your referral sources: Business for lawyers comes from all directions. Unfortunately, many lawyers do not focus on the sources of their business, but they should.
Your referral sources (or advertising pipeline) should be studied to make sure that you are taking profitable work.
Actual referral sources should be continually thanked, and you should find ways to reach out and “touch” your sources so that they keep you top off mind.
Clean your Inbox and your office: This one can be tough because email is a never-ending burden. However, it is critical to study your inbox and keep it organized.
I never cease to be amazed to find something that has fallen through the cracks, or I find ideas for follow up that can produce business. You will find that a good inbox review is always worthwhile.
As for cleaning your office, many are now paperless. Nevertheless, many of us have notes and completed files, and decluttering will make us more productive.
Throw away what you don’t need any longer, and box up and store what you may need later. This includes cleaning of file cabinets if you still use them.
Reconnect with old friends. This is a great time of year to think about law school classmates and former co-workers and clients who you may have not seen in a while.
Give them a call and get coffee or lunch and catch up. Try to schedule something once a month. You and they will enjoy reconnecting more than you know.
Bar association engagement. I know that I am a broken record on this subject, but it is important. The most successful and happy lawyers I know are engaged in bar associations.
There is so much to offer in the way of speaking, writing, leadership, and sharing of substantive information. You will meet people who you might not otherwise meet.
Friendships are forged that can last your entire career. There is simply no downside to engaging in your favorite local or state or national bar association.
Young lawyers: “Dogs don’t bark at parked cars!” It is too easy these days to sit at a computer and not get out to see people face to face.
If you want to develop a reputation, then you need to get out and meet people and let them know where they can find you. It takes some effort, but it is always worth your time to get the dogs barking!
Close the file: Nothing pleases a client more than a closed file. Yes, you can litigate a matter for years, and perhaps secure a slightly more favorable result, but in doing so, your client may be spending thousands of dollars in litigation costs. Get rid of those old dogs!
Share your wisdom: You have lots of it and your clients will appreciate your offers to share it with their professional staffs. Offer to train and if that offer is accepted, empower them with protocols that will help them to solve problems, on their own, in the future. They will always appreciate that gesture.
Have a great 2025. I hope to see many of you along the way. #WillYouBeThere?•
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John Trimble (@indytrims) is a senior partner at the Indianapolis firm of Lewis Wagner LLP. He is a self-described bar association “junkie” who admits that he spends an inordinate amount of time on law practice management, judicial independence and legal profession issues. Opinions expressed are those of the author.
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